Results 261 to 270 of about 56,302 (303)
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Rethinking the presumption of innocence
Criminal Law and Philosophy, 2006This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of
Victor Tadros
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Presumption of Innocence in Peril
Alternative Law Journal, 2017This 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,
Anthony Gray
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The Presumption of White Innocence
American Quarterly, 2014This essay considers how “the presumption of innocence” in self-defense cases not only functions through whiteness but also normalizes violence against the black and/or brown body. Consequentially, “the presumption of innocence” renders black victimhood and black innocence illegible.
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Jurors’ Presumption of Innocence
The Journal of Legal Studies, 2017AbstractThe presumption of innocence explicitly forbids jurors from using official suspicion or indictment as evidence of guilt in a criminal trial. A behavioral experiment tested whether jurors follow this prescription. It revealed that, compared to when a suspect had been merely named, jurors thought that the individual was significantly more likely ...
Scurich, Nicholas, John, Richard S.
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2019
This chapter introduces the Epistemic non-Distinctiveness thesis, the view that the cognitive convictions of the Christian and other religions enjoy evidential parity with everyday commitments. It argues that establishing the EnD is central to fulfilling the two requirements outlined in Chapter 1 and helping bring “epistemic peace” to the reflectively ...
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This chapter introduces the Epistemic non-Distinctiveness thesis, the view that the cognitive convictions of the Christian and other religions enjoy evidential parity with everyday commitments. It argues that establishing the EnD is central to fulfilling the two requirements outlined in Chapter 1 and helping bring “epistemic peace” to the reflectively ...
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The Presumption of Innocence: Material or Probatory?
SSRN Electronic Journal, 2005In all cases of penal procedure, the declared supposition is, that the party accused is innocent; and for this supposition, mighty is the laud bestowed upon one another by judges and law-writers. This supposition is at once contrary to fact, and belied by their own practice….
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Presumption of innocence/Présomption d’innocence
2016Abstract This chapter comments on Article 66 of the Rome Statute of the International Criminal Court. The presumption of innocence is enshrined in article 11(1) of the Universal Declaration of Human Rights and echoed in the universal and regional human rights conventions.
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Corporations and the Presumption of Innocence
Criminal Law and Philosophy, 2013Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of ...
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Digital evidence: Unaddressed threats to fairness and the presumption of innocence
Computer Law and Security Review, 2021Radina Stoykova
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