Results 311 to 320 of about 53,341 (352)
The Presumption of White Innocence [PDF]
American Quarterly, 2014 This 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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Presumptions of Innocence [PDF]
, 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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2012
Introduction Although the maxim ‘presumption of innocence’ can be traced in common law history as far back as the days of Bracton and in continental history as far back as three centuries later, it is only in recent times that it has acquired considerable constitutional prominence.
John D. Jackson, Sarah Summers
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Introduction Although the maxim ‘presumption of innocence’ can be traced in common law history as far back as the days of Bracton and in continental history as far back as three centuries later, it is only in recent times that it has acquired considerable constitutional prominence.
John D. Jackson, Sarah Summers
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The Prosecutor and the Presumption of Innocence
Criminal Law and Philosophy, 2013In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment.
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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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The Ideal of the Presumption of Innocence
Criminal Law and Philosophy, 2013This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the ...
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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
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The Presumption of Innocence in the Trial Setting
Ratio Juris, 2015AbstractThe starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended.
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Jury verdicts and the presumption of innocence
Legal Studies, 1983In recent years various developments in the system of trial by jury in England and Wales have given rise to comment and concern. One such development was the abolition by s. 13 of the Criminal Justice Act 1967 of the rule, said to have existed for over 600 years, that a jury must be unanimous in order to reach a verdict.
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Bail and the Diminishing Presumption of Innocence
SSRN Electronic Journal, 2009The adoption of the recommendations of the “Ouimet Report” into the Bail Reform Act, 1972 created a universally lauded codification of the law of bail in Canada enlivened by the presumption of innocence. Clearly release was to be the rule and custody the exception in the pre-trial context.
Myles Frederick McLellan +1 more
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