The "Presumption of Innocence" as Constitutional Doctrine
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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...
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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...
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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...
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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...
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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...
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