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The Presumption of Innocence as a Counterfactual Principle

open access: yesUtrecht Law Review, 2016
This article’s primary aim is to highlight the essentially critical potential of the presumption of innocence, as well as the need for this critical potential to be duly recognized.
Ferry de Jong, Leonie van Lent
exaly   +4 more sources

The presumption of innocence: Interpretation and application in online journalism [PDF]

open access: yesInformasi, 2022
Implementation of the Presumption of Innocence by journalists has implications for the occurrence of trial by the press and potentially impacts social disharmony. This study aims to explain the interpretation of the presumption of innocence in journalism,
Dicky Wahyudi   +2 more
doaj   +4 more sources

Innocent until primed: mock jurors' racially biased response to the presumption of innocence. [PDF]

open access: yesPLoS ONE, 2014
BACKGROUND: Research has shown that crime concepts can activate attentional bias to Black faces. This study investigates the possibility that some legal concepts hold similar implicit racial cues.
Danielle M Young   +2 more
doaj   +2 more sources

Presumption of Innocence and Deterrence [PDF]

open access: yesJournal of Institutional and Theoretical Economics, 2018
Prodefendant rules in criminal procedure, such as the presumption of innocence, are usually suspected of undermining deterrence. We investigate the soundness of this claim in a model in which criminal-law enforcers decide about their investigating effort under either the presumption of innocence or the presumption of guilt.
Obidzinski, Marie, Oytana, Yves
openaire   +4 more sources

A Minimalist and Garantistic Conception of the Presumption of Innocence

open access: yesRevista Brasileira de Direito Processual Penal, 2018
The article aims to address the multiple faces that the presumption of innocence incorporates in modern legal systems from a critical perspective. In this sense, an analytical methodology seeks to demonstrate that some of these faces overlap with other ...
Jordi Ferrer Beltrán
doaj   +3 more sources

Putting the ‘presumption’ back in the ‘presumption of innocence’

open access: yesThe International Journal of Evidence & Proof, 2022
This article tackles the question: can the Presumption of Innocence (PoI) be a presumption? Whereas many criminal law theorists rejection such a notion, I draw inspiration from argumentation theorists and philosophers—in particular, Petar Bodlović and Edna Ullmann-Margalit—and argue in favour of it; indeed, argumentation theory often holds the PoI out
openaire   +3 more sources

The presumption of innocence [PDF]

open access: yes, 2018
Despite its inclusion in most, if not all, criminal justice systems, there is no general consensus as to what constitutes the presumption of innocence. This study answers the question: What is the presumption of innocence? The study contributes to knowledge by providing a comprehensive definition of the presumption of innocence from both a theoretical ...
Coleman, M.
core   +3 more sources

Presumption of Innocence in Criminal Procedure

open access: yesEIRP Proceedings, 2009
Presumption of innocence appears as a rule hardly in modern penal trial. For first timewas noted in legislation from the end of the XVIIIth century (United States of America legislationand Declaration of Human Rights and Citizens in 1789).
Tatiana Zbanca
doaj   +1 more source

The presumption of innocence in EU law: One step forward, two steps backwards [PDF]

open access: yesCrimen (Beograd), 2021
The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive ...
Nenadić Svetlana
doaj   +1 more source

The Presumption of Innocence [PDF]

open access: yesNetherlands Journal of Legal Philosophy, 2013
The presumption of innocence (PoI) is considered to be a fundamental principle of criminal law. Over the past decades, however, the emphasis on the rights of suspects and defendants has given way to a more instrumental view of criminal law as a means to reduce risk and attain safety.
Anne Ruth Mackor, Vincent Geeraets
openaire   +3 more sources

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