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Taming the Presumption of Innocence

Taming the Presumption of Innocence
  • Author : Richard L. Lippke
  • Publisher :Unknown
  • Release Date :2016-03-01
  • Total pages :288
  • ISBN : 0190469196
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Summary : 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 in Irish Criminal Law

The Presumption of Innocence in Irish Criminal Law
  • Author : Claire Hamilton (Barrister)
  • Publisher :Unknown
  • Release Date :2007
  • Total pages :252
  • ISBN : 09876543XX
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Summary : The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Presumption of Innocence in Peril

Presumption of Innocence in Peril
  • Author : Anthony Gray
  • Publisher :Unknown
  • Release Date :2017-11-08
  • Total pages :208
  • ISBN : 1498554113
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Summary : This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.

Presumption of Innocence

Presumption of Innocence
  • Author : Pamela-Jane Schwikkard
  • Publisher :Unknown
  • Release Date :1999
  • Total pages :185
  • ISBN : 9780702151446
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Summary : 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 Presumption of Innocence

The Presumption of Innocence
  • Author : Andrew Stumer
  • Publisher :Unknown
  • Release Date :2010-06-14
  • Total pages :258
  • ISBN : 1847315879
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Summary : 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.

Presumption of Innocence

Presumption of Innocence
  • Author : Stephen Penner
  • Publisher :Unknown
  • Release Date :2012-07
  • Total pages :246
  • ISBN : 9780615664613
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Summary : LEGAL THRILLER. Homicide prosecutor David Brunelle faces the most difficult case of his career. An innocent young girl is murdered in a heinous, unforgivable way. The only evidence against the killer is the full confession of his accomplice--another young girl he also victimized. But the accomplice is charged with the murder as well, which means she has the right to remain silent. And she's so scared of the killer, she refuses to take a deal to testify against him. Brunelle can't just let the murderer walk, but how can he get a conviction when he has no admissible evidence and the killer is protected by the PRESUMPTION OF INNOCENCE?

Presumption of Innocence in Eu Anti-Cartel Enforcement

Presumption of Innocence in Eu Anti-Cartel Enforcement
  • Author : Aistė Mickonytė
  • Publisher :Unknown
  • Release Date :2018-12-03
  • Total pages :248
  • ISBN : 9004384650
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Summary : In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

Chinese Legal Reform and the Global Legal Order

Chinese Legal Reform and the Global Legal Order
  • Author : Yun Zhao,Michael Ng
  • Publisher :Unknown
  • Release Date :2017-11-09
  • Total pages :326
  • ISBN : 110718200X
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Summary : A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Presumed Innocent

Presumed Innocent
  • Author : Scott Turow
  • Publisher :Unknown
  • Release Date :1986-12-31
  • Total pages :448
  • ISBN : 9781429962605
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Summary : The novel that launched Turow's career as one of America's pre-eminent thriller writers tells the story of Rusty Sabicch, chief deputy prosecutor in a large Midwestern city. With three weeks to go in his boss' re-election campaign, a member of Rusty's staff is found murdered; he is charged with finding the killer, until his boss loses and, incredibly, Rusty finds himself accused of the murder.

Truth, Error, and Criminal Law

Truth, Error, and Criminal Law
  • Author : Larry Laudan
  • Publisher :Unknown
  • Release Date :2006-06-05
  • Total pages :229
  • ISBN : 113945708X
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Summary : Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Guilty Until Proven Innocent

Guilty Until Proven Innocent
  • Author : Jon Robins
  • Publisher :Unknown
  • Release Date :2018-05-08
  • Total pages :352
  • ISBN : 178590390X
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Summary : Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the ‘bad old days’ of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain’s legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.

Prevention and the Limits of the Criminal Law

Prevention and the Limits of the Criminal Law
  • Author : Andrew Ashworth,Lucia Zedner,Patrick Tomlin
  • Publisher :Unknown
  • Release Date :2013-01-31
  • Total pages :320
  • ISBN : 0191630756
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Summary : Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

Constitution

Constitution
  • Author : United States
  • Publisher :Unknown
  • Release Date :1893
  • Total pages :58
  • ISBN : 09876543XX
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Summary :

Presumption of Guilt

Presumption of Guilt
  • Author : Lorna Graham
  • Publisher :Unknown
  • Release Date :2019-05-01
  • Total pages :354
  • ISBN : 194818141X
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Summary : Presumption of Guilt analyses criminal prosecutions that spawned the notorious “kids for cash” scandal. Although a juvenile judge freely admitted committing fraud in failing to properly account for millions of dollars, prosecutors insisted he had accepted that money in exchange for jailing juveniles. These heinous allegations were presumed to be true, resulting in widespread hysteria. Incredibly, after creating the scandal, prosecutors failed to produce evidence it had ever happened at the judge’s trial. Unfortunately for the judge, by that time “kids for cash” was so ingrained in the public’s conscience that the lack of its proof was meaningless.

Readings in the Cameroon Criminal Procedure Code

Readings in the Cameroon Criminal Procedure Code
  • Author : Andrew Ewang Sone
  • Publisher :Unknown
  • Release Date :2007
  • Total pages :271
  • ISBN : 9789956444342
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Summary :

Presumed Guilty

Presumed Guilty
  • Author : Jose Baez,Peter Golenbock
  • Publisher :Unknown
  • Release Date :2013-08-27
  • Total pages :480
  • ISBN : 1937856771
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Summary : The defense attorney for the trial of Casey Anthony offers an inside account of his case preparation, explaining how he develped his defense strategy and successfully presented the case to a Florida jury, leading to a controversial not guilty verdict.

Combating Economic Crimes

Combating Economic Crimes
  • Author : Ndiva Kofele-Kale
  • Publisher :Unknown
  • Release Date :2013-03-01
  • Total pages :248
  • ISBN : 1136594426
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Summary : In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.

Outrage: The Five Reasons Why O. J. Simpson Got Away with Murder

Outrage: The Five Reasons Why O. J. Simpson Got Away with Murder
  • Author : Vincent Bugliosi
  • Publisher :Unknown
  • Release Date :2008-02-17
  • Total pages :512
  • ISBN : 9780393075700
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Summary : "Provocative and entertaining…A powerful and damning diatribe on Simpson’s acquittal." —People Here is the account of the O. J. Simpson case that no one dared to write, that no one else could write. In this #1 New York Times bestseller, Vincent Bugliosi, the famed prosecutor of Charles Manson and author of Helter Skelter, goes to the heart of the trial that divided the country and made a mockery of justice. He lays out the mountains of evidence; rebuts the defense; offers a thrilling summation; condemns the monumental blunders of the judge, the "Dream Team," and the media; and exposes, for the first time anywhere, the shocking incompetence of the prosecution.

Youth Street Gangs

Youth Street Gangs
  • Author : David C. Brotherton
  • Publisher :Unknown
  • Release Date :2015-04-24
  • Total pages :228
  • ISBN : 1135005958
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Summary : Gangs have been heavily pathologized in the last several decades. In comparison to the pioneering Chicago School's work on gangs in the 1920s we have moved away from a humanistic appraisal of and sensitivity toward the phenomenon and have allowed the gang to become a highly plastic folk devil outside of history. This pathologization of the gang has particularly negative consequences for democracy in an age of punishment, cruelty and coercive social control. This is the central thesis of David Brotherton’s new and highly contentious book on street gangs. Drawing on a wealth of highly acclaimed original research, Brotherton explores the socially layered practices of street gangs, including community movements, cultural projects and sites of social resistance. The book also critically reviews gang theory and the geographical trajectories of streets gangs from New York and Puerto Rico to Europe, the Caribbean and South America, as well as state-sponsored reactions and the enabling role of orthodox criminology. In opposition to the dominant gang discourses, Brotherton proposes the development of a critical studies approach to gangs and concludes by making a plea for researchers to engage the gang reflexively, paying attention to the contradictory agency of the gang and what gang members actually tell us. The book is essential reading for academics and students involved in the study of juvenile delinquency, youth studies, deviance, gang studies and cultural criminology.

In Doubt

In Doubt
  • Author : Dan Simon
  • Publisher :Unknown
  • Release Date :2012-06-30
  • Total pages :420
  • ISBN : 0674065115
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Summary : Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

The Secret Barrister

The Secret Barrister
  • Author : The Secret Barrister
  • Publisher :Unknown
  • Release Date :2018-03-22
  • Total pages :320
  • ISBN : 1509841156
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Summary : THE SUNDAY TIMES NUMBER ONE BESTSELLER. Winner of the Books are My Bag Non-Fiction Award 2018. Shortlisted for Waterstones Book of the Year 2018. Shortlisted for Specsavers Non-Fiction Book of the Year 2018. ‘Eye-opening, funny and horrifying’ Observer ‘Everyone who has any interest in public life should read it’ Daily Mail You may not wish to think about it, but one day you or someone you love will almost certainly appear in a criminal courtroom. You might be a juror, a victim, a witness or – perhaps through no fault of your own – a defendant. Whatever your role, you’d expect a fair trial. I’m a barrister. I work in the criminal justice system, and every day I see how fairness is not guaranteed. Too often the system fails those it is meant to protect. The innocent are wronged and the guilty allowed to walk free. I want to share some stories from my daily life to show you how the system is broken, who broke it and why we should start caring before it’s too late. A SUNDAY TIMES TOP TEN BESTSELLER FOR 24 WEEKS.