The Prosecutor and the Presumption of Innocence

Criminal Law and Philosophy 8 (2):337-352 (2014)
  Copy   BIBTEX

Abstract

In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities to promote the integrity of this moral assurance procedure are then divided into pre-trial, during-trial, and post-trial phases. Since most charge adjudication is effected through plea bargaining, the ways in which plea procedures must be modified to conform to this moral assurance procedure, and thus honor the presumption of innocence, are also discussed

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,271

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Rethinking the presumption of innocence.Victor Tadros - 2006 - Criminal Law and Philosophy 1 (2):193-213.
Could the Presumption of Innocence Protect the Guilty?Patrick Tomlin - 2014 - Criminal Law and Philosophy 8 (2):431-447.
Innocence.Stephen R. Munzer - 2012 - Faith and Philosophy 29 (2):125-143.
Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.

Analytics

Added to PP
2013-03-09

Downloads
68 (#232,828)

6 months
6 (#470,955)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Richard Lippke
Indiana University, Bloomington

References found in this work

Trials and Punishments.R. A. Duff - 1986 - Cambridge University Press.
Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
Trials and Punishments.R. Duff - 1989 - Tijdschrift Voor Filosofie 51 (4):727-728.
Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.

View all 6 references / Add more references