Presumption of innocence in peril: a comparative critical perspective

Gray, Anthony (2017) Presumption of innocence in peril: a comparative critical perspective. Lexington Books, Maryland, USA. ISBN 9781498554107

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.


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Item Type: Book (Commonwealth Reporting Category A)
Refereed: Yes
Item Status: Live Archive
Additional Information: Print version available in USQ Library at 345.056 Gra.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 23 Nov 2017 05:59
Last Modified: 21 Sep 2018 04:21
Uncontrolled Keywords: presumption of innocence, reverse onus provision, deeming provision, rational connection, substantive criminal law, onus of proof, burden of proof, mens rea
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/33192

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