Author: Harvey H. ChamberlinPublisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 74
Book Description
The Presumption of Innocence, Proof Beyond a Reasonable Doubt, and Statutory Criminal Presumptions
Author: Harvey H. ChamberlinPublisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 74
Book Description
Presumption of Innocence
Author: Pamela-Jane SchwikkardPublisher: Juta and Company Ltd
ISBN: 9780702151446
Category : Law
Languages : en
Pages : 212
Book Description
The presumption of innocence is widely accepted as a fundamental principle of criminal justice. This work is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.
The Law of Presumptive Evidence
Author: John Davison LawsonPublisher: Fred B. Rothman
ISBN:
Category : History
Languages : en
Pages : 756
Book Description
Endeavors to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz: 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them.
Taming the Presumption of Innocence
Author: Richard L. LippkePublisher: Oxford University Press
ISBN: 019060106X
Category : Social Science
Languages : en
Pages : 289
Book Description
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
The Presumption of Innocence
Author: Andrew StumerPublisher: Bloomsbury Publishing
ISBN: 1847315879
Category : Law
Languages : en
Pages : 258
Book Description
The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.
A Treatise on Presumptions of Law and Fact
Author: William Mawdesley BestPublisher:
ISBN:
Category : Evidence, Circumstantial
Languages : en
Pages : 444
Book Description
Presumption of Innocence in Peril
Author: Anthony GrayPublisher: Lexington Books
ISBN: 1498554113
Category : Political Science
Languages : en
Pages : 209
Book Description
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Presumptions and Burden of Proof as to Malice in Criminal Libel
Author: Theodore SchroederPublisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 22
Book Description
Presumptions of Law and of Fact, as Affecting the Burden of Proof, in Civil and Criminal Cases, Including Innocence, Negligence, Domicile, Comity, Possession, Payment, Etc
Author: Willis Reed BierlyPublisher:
ISBN:
Category : Burden of proof
Languages : en
Pages : 102
Book Description
LAW OF PRESUMPTIVE EVIDENCE IN
Author: John Davison 1852-1921 LawsonPublisher:
ISBN: 9781372018312
Category : History
Languages : en
Pages : 752
Book Description