Please use this identifier to cite or link to this item:
Appears in Collections:Law and Philosophy Book Chapters and Sections
Title: Presuming Innocence
Author(s): Duff, R A
Contact Email:
Editor(s): Zedner, L
Roberts, JV
Citation: Duff RA (2012) Presuming Innocence. In: Zedner L & Roberts J (eds.) 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
Date Deposited: 8-Jul-2015
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.
Licence URL(s):

Files in This Item:
File Description SizeFormat 
Duff Presuming Innocence.pdfFulltext - Published Version115.29 kBAdobe PDFUnder Embargo until 3000-12-01    Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.

This item is protected by original copyright

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.