|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Authors:||Duff, R A|
|Citation:||Duff RA (2012) Presuming Innocence. In: Zedner L, Roberts JV (ed.). Principles and Values in Criminal Law and Criminal Justice: Essays in honour of Andrew Ashworth , Oxford: Oxford University Press, pp. 51-66.|
|Keywords:||Presumption of innocence|
burdens of proof
legal and moral innocence
|Abstract:||I discuss two questions about the meaning and implications of the Presumption of Innocence. First, is it consistent with laying either an evidential or a persuasive burden on the defendant at trial? I argue that it can be consistent with laying an evidential burden, once the prosecution proves the commission of what can properly be counted as a presumptive wrong. Second, should we understand ‘innocence’ in this context in purely legal terms, as innocence of what the law defines as an offense; or in more moralised terms? I argue for a strict formal reading of ‘innocence.’|
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