Preventive Justice and the Presumption of Innocence

The "Presumption of Innocence" as Constitutional Doctrine

The Presumption of Innocence and the Human Rights Act

There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal lawof England andWales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues.The ¢rst is how the courts should address the question of wh...

How the Presumption of Innocence Renders the Innocent Vulnerable to Wrongful Convictions

This article argues, contrary to a straightforward reading, that the presumption of innocence and accompanying principles the burden of proof on the prosecution to prove its case beyond a reasonable doubt acts in reality against the interests of those who might be innocent at every stage of the criminal justice process. This is because the „presumption‟, in effect, renders suspects of crime pas...

Innocent until Primed: Mock Jurors' Racially Biased Response to the Presumption of Innocence

BACKGROUND Research has shown that crime concepts can activate attentional bias to Black faces. This study investigates the possibility that some legal concepts hold similar implicit racial cues. Presumption of innocence instructions, a core legal principle specifically designed to eliminate bias, may instead serve as an implicit racial cue resulting in attentional bias. METHODOLOGY/PRINCIPAL...

Actual Innocence : The Justice System Confronts Wrongful Convictions

In some abstract, impersonal way, all of us are aware that mistakes are made in our justice system. It is, after all, a human institution, and human beings make mistakes. Even as we read occasional stories about the release of an innocent person, the issues raised by that apparent mistake may remain abstract, without a sense of urgency attached to them. After all, this may have been an isolated...