Download or read book Presumption of Innocence in Peril written by Anthony Gray and published by Lexington Books. This book was released on 2017-11-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Download or read book The Presumption written by Dan Decker and published by . This book was released on 2021-07-21 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: AN UNSYMPATHETIC CLIENT. Criminal defense attorney Mitch Turner is tempted to turn down the most recent case that walks through his door because the prospective client, Candy Carlisle, sends out all the wrong vibes. He decides to take it, though, because he is concerned about Candy's children. The case has issues right from the beginning, and so does Candy. A MANIPULATIVE CLIENT. Mitch is not the first attorney on the case. The previous lawyer is only too happy to let him take over. Every time he thinks he knows something about Candy, he learns something new that makes him reassess. The former attorney was afraid of Candy, and Mitch starts to believe those fears are justified. Candy also swears she didn't kill her husband while their children slept upstairs, but the physical evidence says otherwise. AN INNOCENT CLIENT? The further Mitch digs, the more he dislikes his client, but he also becomes increasingly convinced Candy is innocent. Proving it is going to be tough. Is Mitch up for the task? Can he find the actual perpetrator to save Candy's children from having to see their mother go to prison? Can he put his feelings about Candy to the side in his search for justice? Pick up your copy today to find out! Sneak peek "Ms. Carlisle," I said, once I had taken a seat across from her behind my desk, "what is it that I can do for you?" The resemblance was remarkable. Barbara's nose was more petite, Candy's wider. The hair color was an exact match, as was the style. Candy had a mole just above her lip. There were some subtle differences around the eyes and chin. And some other physical differences as well. But it was like I was talking to my ex-girlfriend. "I have been charged with murder," Candy said as if the admission pained her. She sat her purse in the empty chair and clasped her hands in her lap, staring at me like she was trying to figure me out. "Who?" "My husband," Candy said, her voice catching slightly as if she still could not accept it. There was something behind her eyes as she spoke, but I couldn't make out what it was. Grief at his death? Relief he was gone? I could not tell. "When did this happen?" "Four months ago." I arched an eyebrow. Most clients contacted me right after their arrest. This meant Candy was already represented and not happy with her attorney. "You're just coming to me now?" "My other attorney is not working out."
Download or read book Presumption and the Practices of Tentative Cognition written by Nicholas Rescher and published by Cambridge University Press. This book was released on 2006-06-19 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy.
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Download or read book Presumed Incompetent written by Gabriella Gutiérrez y Muhs and published by University Press of Colorado. This book was released on 2012-06-15 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America.
Download or read book Faith Foolishness Or Presumption written by Frederick K. Price and published by Harrison House. This book was released on 1979-03-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Burden of Proof Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.
Download or read book A Presumption of Death written by Jill Paton Walsh and published by Minotaur Books. This book was released on 2007-04-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Dorothy L. Sayers began her unfinished Lord Peter Wimsey novel, Thrones Dominations, Booker Prize finalist Jill Paton Walsh took on the challenge of completing the manuscript---with extraordinary success. "The transition is seamless," said the San Francisco Chronicle; "you cannot tell where Sayers leaves off and Walsh begins." "Will Paton Walsh do it again?" wondered Ruth Rendell in London's Sunday Times. "We must hope so." Jill Paton Walsh fulfills those hopes in A Presumption of Death. Although Sayers never began another Wimsey novel, she did leave clues. Drawing on "The Wimsey Papers," in which Sayers showed various members of the family coping with wartime conditions, Walsh has devised an irresistible story set in 1940, at the start of the Blitz in London. Lord Peter is abroad on secret business for the Foreign Office, while Harriet Vane, now Lady Peter Wimsey, has taken their children to safety in the country. But war has followed them there---glamorous RAF pilots and even more glamorous land-girls scandalize the villagers, and the blackout makes the nighttime lanes as sinister as the back alleys of London. Daily life reminds them of the war so constantly that, when the village's first air-raid practice ends with a real body on the ground, it's almost a shock to hear the doctor declare that it was not enemy action, but plain, old-fashioned murder. Or was it? At the request of the overstretched local police, Harriet reluctantly agrees to investigate. The mystery that unfolds is every bit as literate, ingenious, and compelling as the best of original Lord Peter Wimsey novels.
Download or read book Presumed Criminal written by Carl Suddler and published by NYU Press. This book was released on 2020-09-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A startling examination of the deliberate criminalization of black youths from the 1930s to today A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In this revealing book, Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely. The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely controlling crime, and black teens bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates during the post–World War II period, providing justification for tough-on-crime policies. Questionable police practices, like stop-and-frisk, combined with media sensationalism, cemented the belief that black youth were the primary cause for concern. Even before the War on Crime, the stakes were clear: race would continue to be the crucial determinant in American notions of crime and delinquency, and black youths condemned with a stigma of criminality would continue to confront the overwhelming power of the state.
Download or read book Presumed Guilty written by Martin D. Yant and published by Prometheus Books. This book was released on 2009-12-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.
Download or read book The Presumption of Guilt written by Charles Ogletree and published by Macmillan + ORM. This book was released on 2010-06-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
Download or read book Presumption of Death written by Joy Ratcliff Cagle and published by Strategic Book Publishing. This book was released on 2013-05 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this stunning novel, premonitions or gut feelings-the inherent knowing without rational basis-play a starring role. Lynn Conley, a litigation paralegal, experiences this phenomenon recurrently. Visions of accidents and murders invade her mind far too often, creating chaos in her life. Sheri Noland, a young lawyer waiting for the results of her bar exam, is shaken by her husband's recent behavior. Terrified by a conversation overheard at a party, she seeks the advice of a psychic. The old woman warns Sheri not to go home. But disbelieving, Sheri signs her own death warrant when she opens her front door. When Lynn's computer monitor goes blank, she thinks it is malfunctioning. On the screen she sees a young woman bound and gagged. She watches with apprehension hoping the vision will go away. The hopelessness Lynn sees in the woman's eyes stirs a feeling deep within her soul that she does not understand. A week later, Lynn sees the woman's face on the evening news. Sheri Noland has been abducted from her home in a small town northeast of Atlanta. Lynn's prophetic visions continue, as horrifying pieces of the puzzle converge with Sheri's voice guiding her. Lynn's home is ransacked and she receives threatening telephone calls, but she cannot quit.
Download or read book Presumption written by Julia Barrett and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sequel to Jane Austen's Pride and Prejudice centers on Georgiana Darcy and her interest in both a naval officer and an architect.
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016-02-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
Download or read book The Presumption of Innocence written by Andrew Stumer and published by Bloomsbury Publishing. This book was released on 2010-06-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
