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http://hdl.handle.net/1893/21996| Appears in Collections: | Law and Philosophy Book Chapters and Sections |
| Title: | Presuming Innocence |
| Author(s): | Duff, R A |
| Contact Email: | r.a.duff@stir.ac.uk |
| 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. http://ukcatalogue.oup.com/product/9780199696796.do |
| 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.’ |
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| URL: | http://ukcatalogue.oup.com/product/9780199696796.do |
| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
| File | Description | Size | Format | |
|---|---|---|---|---|
| Duff Presuming Innocence.pdf | Fulltext - Published Version | 115.29 kB | Adobe PDF | Under Embargo until 3000-12-01 Request a copy |
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