The "Presumption of Innocence" as Constitutional Doctrine
نویسنده
چکیده
منابع مشابه
مروری بر مبانی مسؤولیت پزشک از دیدگاه فقهای شیعه با تأمل بر اصل برائت
Presumption of innocence is one of the fundamental principles of criminal law that has its roots in moral and religious principles. Presumption of innocence is consistent with human nature, and special attention has been paid to it in Islam. For this reason it has been included in our constitutional law as well as in the constitutions and ordinary laws of other nations, and this indicates its s...
متن کاملThe 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...
متن کاملHow 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...
متن کاملInnocent 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...
متن کاملBail Supervision and Young People: Pathway or Freeway
Over the past decade bail legislation reform has curtailed the presumption in favour of bail and enabled its therapeutic use. Arguably such changes transform the traditional role of bail as a means of ensuring a defendant’s return to court and balancing the presumption of innocence. These changes are likely to present challenges to those managing conditional bail and those subjected to it, part...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2016