David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 1 (2):193-213 (2007)
This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence. It explores the idea that interference is justified if it is necessary in a democratic society and considers the presumption in relation to the aims of the criminal trial. It is concluded that no good grounds have been provided for interference with the right, and that the right should be regarded as inviolable
|Keywords||Presumption of innocence Democracy Human rights Fair trial Reverse burden of proof|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.
Douglas Husak (2014). Social Engineering as an Infringement of the Presumption of Innocence: The Case of Corporate Criminality. [REVIEW] Criminal Law and Philosophy 8 (2):353-369.
R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.
Paul Roberts (2014). Loss of Innocence in Common Law Presumptions. Criminal Law and Philosophy 8 (2):317-336.
Patrick Tomlin (2014). Could the Presumption of Innocence Protect the Guilty? Criminal Law and Philosophy 8 (2):431-447.
Similar books and articles
Aaron Holland (2001). Consistency in Presuming Agnosticism. Philo 4 (1):82-89.
David Godden & Douglas Walton (2007). A Theory of Presumption for Everyday Argumentation. Pragmatics and Cognition 15 (2):313-346.
Madison Powers, Ruth Faden & Yashar Saghai (2012). Liberty, Mill and the Framework of Public Health Ethics. Public Health Ethics 5 (1):6-15.
David Christensen & Hilary Kornblith (1997). Testimony, Memory and the Limits of the a Priori. Philosophical Studies 86 (1):1-20.
Yehudis Samet (2000). It Wasn't How It Seemed: Short Stories About People Who Jumped to Conclusions. Distributed by Mesorah Publications.
Patrick Tomlin (2013). Extending the Golden Thread? Criminalisation and the Presumption of Innocence. Journal of Political Philosophy 21 (1):44-66.
Serge Mouraviev (2005). Zeno's Cosmology and the Presumption of Innocence. Interpretations and Vindications. Phronesis 50 (3):232-249.
George P. Fletcher (1984). The Ongoing Soviet Debate About the Presumption of Innocence. Criminal Justice Ethics 3 (1):69-75.
Added to index2010-08-10
Total downloads42 ( #39,885 of 1,100,975 )
Recent downloads (6 months)6 ( #44,199 of 1,100,975 )
How can I increase my downloads?