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 Common Law written by Oliver Wendell Holmes (Jr.) and published by . This book was released on 1923 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Innocent Common Law written by Brian Starr and published by Lulu.com. This book was released on 2018-08-30 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Common Law, Repressed for Centuries by the Noble, But Freedom of the Press is in the United States, where this is published. Galilee, Bethsaida, the relationships in Charts, Text Graphics, The Mirrors of Galilee, and Mary Magdalene, Suggested to Not Print this by Many, But Printed just the same. Many People Rejected, and Reverends, Guarded. This book explains how complicated it really is. Mostly left for the Priest and Reverend, and rowed by the Knight, This is not the Gospel or the Letters of Paul, but the Characters are the Same. Please enjoy.
Download or read book Not Guilty written by Daniel Givelber and published by NYU Press. This book was released on 2012-06-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.
Download or read book Presumption of Innocence written by Pamela-Jane Schwikkard and published by Juta and Company Ltd. This book was released on 1999 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presumption of innocence is widely accepted as a fundamental principle of criminal justice. This work is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.
Download or read book The Common Law written by Holmes and published by . This book was released on 1881 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Download or read book Convicting the innocent written by Edwin Montefiore Borchard and published by Рипол Классик. This book was released on 1961 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law written by Oliver Wendell Holmes Jr. and published by Routledge. This book was released on 2020-02-19 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining society's current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.
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 Three Felonies a Day written by Harvey Silverglate and published by Encounter Books. This book was released on 2011-06-07 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner and then goes to sleep, unaware that he or she has likely committted several federal crimes that day ... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.
Download or read book The Common Law written by Wendell Oliver Holmes, Jr and published by Start Classics. This book was released on 2024-03-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Law is a book about common law in the United states including torts property contracts and crime written by Supreme Court Justice Oliver Wendell Holmes Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book The Privilege Against Self Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Download or read book The Common Law Annotated written by Oliver Wendell Holmes and published by . This book was released on 2020-04-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differentiated book* It has a historical context with research of the time-The Common Law is a book written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an associate justice of the United States Supreme Court. The book is about customary law in the United States, including tort, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms in this book appears on the first page: "The life of the law has not been logical: it has been experience." Holmes's pronouncement is a subtle qualification of an opinion by the famous seventeenth-century English jurist Sir Edward Coke: "Reason is the life of the law." Oliver Wendell Holmes Jr. (March 8, 1841 - March 6, 1935) was an American jurist who served as Associate Justice of the United States Supreme Court from 1902 to 1932, and as President of the Acting Supreme Court of the United States in January - February 1930.Noted for his long service, his concise and concise opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited Supreme Court justices in history, particularly for his "perilous" opinion clear and present. " for a unanimous court in the case of Schenck v. United States of 1919, and is one of the most influential American common law judges, honored throughout his life in Britain and in the United States.
Download or read book Guilty Until Proven Innocent written by Jon Robins and published by Biteback Publishing. This book was released on 2018-05-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the 'bad old days' of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain's legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.
