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Title The Presumption of Innocence
Author Andrew Stumer
Publisher Bloomsbury Publishing
Release Date 2010-06-14
Category Law
Total Pages 258
ISBN 9781847315878
Language English, Spanish, and French
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Book Summary:

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Title The Presumption of Innocence in Irish Criminal Law
Author Claire Hamilton (Barrister)
Publisher Unknown
Release Date 2007
Category History
Total Pages 252
ISBN IND:30000116860028
Language English, Spanish, and French
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Book Summary:

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Title Taming the Presumption of Innocence
Author Richard L. Lippke
Publisher Oxford University Press
Release Date 2016-03-01
Category Presumption of innocence
Total Pages 288
ISBN 9780190469191
Language English, Spanish, and French
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Book Summary:

The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Title Presumption of Innocence in Peril
Author Anthony Gray
Publisher Lexington Books
Release Date 2017-11-08
Category Political Science
Total Pages 208
ISBN 9781498554114
Language English, Spanish, and French
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Book Summary:

This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.

Presumption Of Innocence by Stephen Penner

Title Presumption of Innocence
Author Stephen Penner
Publisher Unknown
Release Date 2012-07
Category Fiction
Total Pages 246
ISBN 061566461X
Language English, Spanish, and French
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Book Summary:

LEGAL THRILLER. Homicide prosecutor David Brunelle faces the most difficult case of his career. An innocent young girl is murdered in a heinous, unforgivable way. The only evidence against the killer is the full confession of his accomplice--another young girl he also victimized. But the accomplice is charged with the murder as well, which means she has the right to remain silent. And she's so scared of the killer, she refuses to take a deal to testify against him. Brunelle can't just let the murderer walk, but how can he get a conviction when he has no admissible evidence and the killer is protected by the PRESUMPTION OF INNOCENCE?

Title Presumption of Innocence in Eu Anti Cartel Enforcement
Author Aistė Mickonytė
Publisher BRILL
Release Date 2018-12-03
Category Law
Total Pages 248
ISBN 9789004384651
Language English, Spanish, and French
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Book Summary:

In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

Title Chinese Legal Reform and the Global Legal Order
Author Yun Zhao
Publisher Cambridge University Press
Release Date 2017-11-09
Category Law
Total Pages 326
ISBN 9781107182004
Language English, Spanish, and French
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Book Summary:

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Presumed Innocent by Scott Turow

Title Presumed Innocent
Author Scott Turow
Publisher Farrar, Straus and Giroux
Release Date 1986-12-31
Category Fiction
Total Pages 448
ISBN 1429962607
Language English, Spanish, and French
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Book Summary:

The novel that launched Turow's career as one of America's pre-eminent thriller writers tells the story of Rusty Sabicch, chief deputy prosecutor in a large Midwestern city. With three weeks to go in his boss' re-election campaign, a member of Rusty's staff is found murdered; he is charged with finding the killer, until his boss loses and, incredibly, Rusty finds himself accused of the murder.

Title Guilty Until Proven Innocent
Author Jon Robins
Publisher Biteback Publishing
Release Date 2018-05-08
Category Political Science
Total Pages 352
ISBN 9781785903908
Language English, Spanish, and French
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Book Summary:

Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the ‘bad old days’ of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain’s legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.

Constitution by United States

Title Constitution
Author United States
Publisher Unknown
Release Date 1893
Category
Total Pages 58
ISBN PRNC:32101050870540
Language English, Spanish, and French
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Book Summary:

Not Guilty by Daniel Givelber

Title Not Guilty
Author Daniel Givelber
Publisher NYU Press
Release Date 2012-06-11
Category Social Science
Total Pages 211
ISBN 9780814732175
Language English, Spanish, and French
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Book Summary:

“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

Combating Economic Crimes by Ndiva Kofele-Kale

Title Combating Economic Crimes
Author Ndiva Kofele-Kale
Publisher Routledge
Release Date 2013-03-01
Category Law
Total Pages 248
ISBN 9781136594427
Language English, Spanish, and French
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Book Summary:

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.

Title Prevention and the Limits of the Criminal Law
Author Andrew Ashworth
Publisher OUP Oxford
Release Date 2013-01-31
Category Law
Total Pages 320
ISBN 9780191630750
Language English, Spanish, and French
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Book Summary:

Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

In Doubt by Dan Simon

Title In Doubt
Author Dan Simon
Publisher Harvard University Press
Release Date 2012-06-30
Category Law
Total Pages 420
ISBN 9780674065116
Language English, Spanish, and French
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Book Summary:

Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

The Bail Book by Shima Baradaran Baughman

Title The Bail Book
Author Shima Baradaran Baughman
Publisher Cambridge University Press
Release Date 2017-12-21
Category Law
Total Pages 352
ISBN 9781107131361
Language English, Spanish, and French
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Book Summary:

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

The Presumption Of Guilt by Charles Ogletree

Title The Presumption of Guilt
Author Charles Ogletree
Publisher St. Martin's Press
Release Date 2012-04-10
Category Social Science
Total Pages 256
ISBN 0230110134
Language English, Spanish, and French
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Book Summary:

Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.

Title Outrage The Five Reasons Why O J Simpson Got Away with Murder
Author Vincent Bugliosi
Publisher W. W. Norton & Company
Release Date 2008-02-17
Category True Crime
Total Pages 512
ISBN 0393075702
Language English, Spanish, and French
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Book Summary:

"Provocative and entertaining…A powerful and damning diatribe on Simpson’s acquittal." —People Here is the account of the O. J. Simpson case that no one dared to write, that no one else could write. In this #1 New York Times bestseller, Vincent Bugliosi, the famed prosecutor of Charles Manson and author of Helter Skelter, goes to the heart of the trial that divided the country and made a mockery of justice. He lays out the mountains of evidence; rebuts the defense; offers a thrilling summation; condemns the monumental blunders of the judge, the "Dream Team," and the media; and exposes, for the first time anywhere, the shocking incompetence of the prosecution.

Title Truth Error and Criminal Law
Author Larry Laudan
Publisher Cambridge University Press
Release Date 2006-06-05
Category Philosophy
Total Pages 86
ISBN 9781139457088
Language English, Spanish, and French
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Book Summary:

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Title Big Data Crime and Social Control
Author Aleš Završnik
Publisher Routledge
Release Date 2017-09-20
Category Social Science
Total Pages 230
ISBN 9781315395760
Language English, Spanish, and French
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Book Summary:

From predictive policing to self-surveillance to private security, the potential uses to of big data in crime control pose serious legal and ethical challenges relating to privacy, discrimination, and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self-surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality, and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, sociology, politics and socio-legal studies.

Appraising Strict Liability by A. P. Simester

Title Appraising Strict Liability
Author A. P. Simester
Publisher Oxford University Press on Demand
Release Date 2005
Category Law
Total Pages 286
ISBN 0199278512
Language English, Spanish, and French
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Book Summary:

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of the fundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions. The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.