|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Title:||Pre-Trial Detention and the Presumption of Innocence|
|Author(s):||Duff, R A|
|Citation:||Duff RA (2013) Pre-Trial Detention and the Presumption of Innocence. In: Ashworth A, Zedner L & Tomlin P (eds.) Prevention and the Limits of the Criminal Law. Oxford: Oxford University Press, pp. 115-132. http://ukcatalogue.oup.com/product/9780199656769.do|
|Abstract:||This chapter examines the pre-trial detention of those denied bail. Pre-trial detention is problematic because it treats the defendant as guilty ahead of trial, fails to treat the individual as a responsible agent, and seems to be inconsistent with the presumption of innocence. It examines the ‘instrumental, consequentialist rationale’ for pre-trial detention. It explores whether it is possible to provide principled justifications; and, in particular, whether it is possible to reconcile pre-trial detention with the presumption of innocence. While acknowledging that becoming a defendant in the criminal process attracts ‘certain new duties or responsibilities’ that, in turn, justify different kinds of restriction of which detention is only the most onerous, the chapter concludes that pre-trial detention is morally problematic in ways we rarely acknowledge.|
|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.|
|Duff Pre-Trial Detention.pdf||Fulltext - Published Version||131.38 kB||Adobe PDF||Under Embargo until 3000-01-01 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 https://creativecommons.org/publicdomain/zero/1.0/
If you believe that any material held in STORRE infringes copyright, please contact firstname.lastname@example.org providing details and we will remove the Work from public display in STORRE and investigate your claim.