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Vol 22 No 7 July/August 2017

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Cover of Manual of Housing Law

Manual of Housing Law

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The Presumption of Innocence: Evidential and Human Rights Perspectives


ISBN13: 9781849460361
Published: June 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice.

Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions.

This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest.

In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect.

The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Subjects:
Evidence, Human Rights and Civil Liberties
Contents:
INTRODUCTION
1. THE PRESUMPTION BEFORE THE HUMAN RIGHTS ACT
2. RATIONALE FOR THE PRESUMPTION
3. SCOPE OF THE PRESUMPTION
4. THE PRESUMPTION IN STRASBOURG
5. PROPORTIONALITY AND THE PRESUMPTION
6. ALLOCATING THE BURDEN OF PROOF

Series: Hart Criminal Law Library

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Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights ISBN 9781849465502
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Case Management in Criminal Trials 2nd ed (eBook) ISBN 9781847318824
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Case Management in Criminal Trials 2nd ed ISBN 9781849463041
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Inquests ISBN 9781849460378
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Sexual Assault and the Justice Gap ISBN 9781841136707
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Homicide Law in Comparative Perspective
Edited by: Jeremy Horder
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Fair Trials: The European Criminal Procedural Tradition and the ECHR ISBN 9781841137308
Published August 2007
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Self-Defence in Criminal Law ISBN 9781841136073
Published July 2006
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