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Title: Presuming Innocence
Authors: Duff, R A
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Editors: Zedner, L
Roberts, JV
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
reverse burdens
reasonable doubt
legal and moral innocence
Issue Date: 2012
Publisher: Oxford University Press
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.’
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Type: Part of book or chapter of book
Affiliation: Philosophy

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