Presumption of innocence in peril: a comparative critical perspective
Authored book
Book Title | Presumption of innocence in peril: a comparative critical perspective |
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Book Category | Authored book |
ERA Publisher ID | 2482 |
Authors | |
Author | Gray, Anthony |
Number of Pages | 234 |
Year | 2017 |
Publisher | Lexington Books |
Place of Publication | Maryland, USA |
ISBN | 9781498554107 |
9781498554114 | |
Abstract | This book documents the increasing rate at which the presumption of innocence is being abrogated in criminal process, through use of reverse onus provisions, deeming provisions, and permitting some facts to be assumed from proof of others. It argues that the law must re-assert the fundamental principle that an accused should not be convicted of a crime where there is reasonable doubt as to their guilt. If the law is not sure about a person's guilt, the default position should be to do nothing. This protects public confidence in the criminal justice system, essential to its continued efficacy, as well as respecting an individual's dignity, liberty and freedom. |
Keywords | presumption of innocence, reverse onus provision, deeming provision, rational connection, substantive criminal law, onus of proof, burden of proof, mens rea |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q4706/presumption-of-innocence-in-peril-a-comparative-critical-perspective
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