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The Presumption of Innocence in International Human Rights and Criminal Law

Author : Michelle Coleman

Publisher : Routledge

Page : 148 pages

File Size : 28,41 MB

Release : 2021-03-03

Category : Law

ISBN : 1000352331

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Book Description

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.



The Presumption

Author : Dan Decker

Publisher :

Page : 374 pages

File Size : 41,59 MB

Release : 2021-07-21

Category :

ISBN :

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Book Description

AN UNSYMPATHETIC CLIENT. Criminal defense attorney Mitch Turner is tempted to turn down the most recent case that walks through his door because the prospective client, Candy Carlisle, sends out all the wrong vibes. He decides to take it, though, because he is concerned about Candy's children. The case has issues right from the beginning, and so does Candy. A MANIPULATIVE CLIENT. Mitch is not the first attorney on the case. The previous lawyer is only too happy to let him take over. Every time he thinks he knows something about Candy, he learns something new that makes him reassess. The former attorney was afraid of Candy, and Mitch starts to believe those fears are justified. Candy also swears she didn't kill her husband while their children slept upstairs, but the physical evidence says otherwise. AN INNOCENT CLIENT? The further Mitch digs, the more he dislikes his client, but he also becomes increasingly convinced Candy is innocent. Proving it is going to be tough. Is Mitch up for the task? Can he find the actual perpetrator to save Candy's children from having to see their mother go to prison? Can he put his feelings about Candy to the side in his search for justice? Pick up your copy today to find out! Sneak peek "Ms. Carlisle," I said, once I had taken a seat across from her behind my desk, "what is it that I can do for you?" The resemblance was remarkable. Barbara's nose was more petite, Candy's wider. The hair color was an exact match, as was the style. Candy had a mole just above her lip. There were some subtle differences around the eyes and chin. And some other physical differences as well. But it was like I was talking to my ex-girlfriend. "I have been charged with murder," Candy said as if the admission pained her. She sat her purse in the empty chair and clasped her hands in her lap, staring at me like she was trying to figure me out. "Who?" "My husband," Candy said, her voice catching slightly as if she still could not accept it. There was something behind her eyes as she spoke, but I couldn't make out what it was. Grief at his death? Relief he was gone? I could not tell. "When did this happen?" "Four months ago." I arched an eyebrow. Most clients contacted me right after their arrest. This meant Candy was already represented and not happy with her attorney. "You're just coming to me now?" "My other attorney is not working out."



Taming the Presumption of Innocence

Author : Richard L. Lippke

Publisher : Oxford University Press

Page : 289 pages

File Size : 42,57 MB

Release : 2016

Category : Law

ISBN : 0190469196

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Book Description

Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.



The Presumption

Author : D. Marvin Jones

Publisher : Bloomsbury Publishing USA

Page : 291 pages

File Size : 10,8 MB

Release : 2024-05-02

Category : Law

ISBN :

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Book Description

This powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems. Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality. In chapters on slavery, urban spaces, the drug war, media portrayals, and white spaces, he shows how the presumption of guilt continues to shape the treatment of Black people in the United States. Arguing that this presumption is not simply a matter of hate on the part of individuals, but instead a social process linked to a widely shared racial ideology, The Presumption points out the continuation of racial caste in the United States as a crisis for democracy and provides a blueprint for a kind of second Reconstruction.



The Presumption of Guilt

Author : Charles Ogletree

Publisher : Macmillan + ORM

Page : 291 pages

File Size : 23,70 MB

Release : 2010-06-20

Category : Social Science

ISBN : 0230110134

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Book Description

Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.



The Presumption of Innocence

Author : Andrew Stumer

Publisher : Bloomsbury Publishing

Page : 258 pages

File Size : 14,98 MB

Release : 2010-06-14

Category : Law

ISBN : 1847315879

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Book Description

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 in Peril

Author : Anthony Gray

Publisher : Lexington Books

Page : 209 pages

File Size : 50,84 MB

Release : 2017-11-08

Category : Political Science

ISBN : 1498554113

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Book Description

This 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, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.



Restoring the Lost Constitution

Author : Randy E. Barnett

Publisher : Princeton University Press

Page : 448 pages

File Size : 37,32 MB

Release : 2013-11-24

Category : Law

ISBN : 0691159734

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Book Description

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.



A Presumption of Death

Author : Jill Paton Walsh

Publisher : Minotaur Books

Page : 388 pages

File Size : 13,31 MB

Release : 2007-04-01

Category : Fiction

ISBN : 142998211X

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Book Description

Sixty years after Dorothy L. Sayers began her unfinished Lord Peter Wimsey novel, Thrones Dominations, Booker Prize finalist Jill Paton Walsh took on the challenge of completing the manuscript---with extraordinary success. "The transition is seamless," said the San Francisco Chronicle; "you cannot tell where Sayers leaves off and Walsh begins." "Will Paton Walsh do it again?" wondered Ruth Rendell in London's Sunday Times. "We must hope so." Jill Paton Walsh fulfills those hopes in A Presumption of Death. Although Sayers never began another Wimsey novel, she did leave clues. Drawing on "The Wimsey Papers," in which Sayers showed various members of the family coping with wartime conditions, Walsh has devised an irresistible story set in 1940, at the start of the Blitz in London. Lord Peter is abroad on secret business for the Foreign Office, while Harriet Vane, now Lady Peter Wimsey, has taken their children to safety in the country. But war has followed them there---glamorous RAF pilots and even more glamorous land-girls scandalize the villagers, and the blackout makes the nighttime lanes as sinister as the back alleys of London. Daily life reminds them of the war so constantly that, when the village's first air-raid practice ends with a real body on the ground, it's almost a shock to hear the doctor declare that it was not enemy action, but plain, old-fashioned murder. Or was it? At the request of the overstretched local police, Harriet reluctantly agrees to investigate. The mystery that unfolds is every bit as literate, ingenious, and compelling as the best of original Lord Peter Wimsey novels.



Presumption and the Practices of Tentative Cognition

Author : Nicholas Rescher

Publisher : Cambridge University Press

Page : 166 pages

File Size : 16,81 MB

Release : 2006-06-19

Category : Philosophy

ISBN : 1139457187

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Book Description

Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy.