Results 11 to 20 of about 167,430,696 (282)
Putting the ‘presumption’ back in the ‘presumption of innocence’
The 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
Forest Yu
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The presumption of innocence [PDF]
, 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.
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Presumption of Innocence and Deterrence [PDF]
Journal 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
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A Minimalist and Garantistic Conception of the Presumption of Innocence [PDF]
Revista 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
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PRESUMPTION OF INNOCENCE OF LEGAL PERSONS
Administrative and Criminal Justice, 2016 There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons.
Golts, Edgars
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Presumption of Innocence in Criminal Procedure
EIRP 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
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The presumption of innocence [PDF]
Netherlands 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.
Mackor, A.R., Geeraets, V.C.
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Reconciling reverse burdens of proof with the presumption of innocence: a new approach [PDF]
, 2022 Modern liberal democracies pride themselves on protecting certain fundamental rights for individuals. In the context of the criminal law, perhaps the most prominent is the right of accused persons to be presumed innocent until proven guilty of ...
Allen, Jackson Lewis
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The presumption of innocence in the system of legal presumptions
The Journal of the National Institute of Justice, 2022 The essence of the presumption of innocence does not consist in the fact that the accused, as a rule, is innocent, but it assumes that as long as we do not have a definitive sentence of conviction, there is no legally guilty person of committing the crime.
Tatiana Vizdoaga, Iulia Bria
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Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, 2022 Although it benefits from a wide normative recognition and is always present in the pleadings and motivations of the legal actors, the presumption of innocence remains a vague concept, too little delimited conceptually. In the same register of conceptual
Alin Petrea
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