Presumption of Innocence
Surveillance technologies, wrongful criminalisation, and the presumption of innocence
... the presumption of innocence have been criticised by legal theorists who worry about the unintended consequences of expansive interpreta- ...the presumption of innocence as a legal principle ...
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The Presumption of Innocence in Europe: Developments in Substantive Criminal Law
... With this, obviously we do not want, to neglect the reasons for prevention on which these efficiency models are based, but the argument always goes back to the ideological issue set out in the incipit , that is the ...
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The presumption of innocence under attack
... the presumption of ...the presumption of innocence as an axiomatic and indispensable aspect of our legal ...the presumption is to free guilty parties, because the government is not able to ...
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Constitutionally protecting the presumption of innocence
... Bigelow History of Procedure in England From the Norman Conquest (Harvard University Press, 1880) 322; Karl Kunert ‘Some Observations on the Origin and Structure of Evidence Rules Under the Common Law System and the ...
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Could the presumption of innocence protect the guilty?
... the presumption of innocence by two opposing protagonists in this debate concerning the best interpretation of the presumption in positive ...the presumption, argues (with Stephen Tierney) ...
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Presumption of Innocence; Its Applicability to Prosecutions for Speeding Violations, The
... at 396, 31 N.E.2d at 502, that, "To rule that this inference may not be drawn from the established facts would be to deny to the trier of facts the right to use a common process of reaso[r] ...
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Presumption of Innocence
... The Court of Appeals sustained the following definition of a reasonable doubt by the trial judge: "A reasonable doubt, gentlemen, is not a mere whim, guess or surmise; nor is it a mere s[r] ...
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The Right of Silence, the Presumption of Innocence, the Burden of Proof, and a Modest Proposal: A Reply to O'Reilly
... The second paragraph proposes to shift the burden of production to the defendant in both criminal and civil tort cases to supply evidence and proof regarding any exonerating or mitigatin[r] ...
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Sliding Backwards: The Impact of California Evidence Code Section 1108 on Character Evidence, Rape Shield Laws and the Presumption of Innocence
... *Celia McGuinness is a trial attorney at the San Francisco Public Defender's Office. She is currently a Visiting Clinical Professor at the University of San Francisco Law [r] ...
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The People's Republic of China and the Presumption of Innocence
... onto proof of burden the shift to used be not must On the question of the right to silence, at the pretrial interrogation stage, the Chinese CP provides that the defendant "shall answer [r] ...
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Judicial Decisions on Criminal Law and Procedure
... .The presumption of innocence, evidentiary in character, attended the accused upon this trial, and the state's evidence in our opinion failed to overcome this presumption." The true effe[r] ...
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New Developments in 2001 Chinese Criminal Procedure Law
... a) First, no one shall be guilty of a crime unless a final judgment against him is rendered by the People's Court. This is based on the principle of presumption of innocence preva[r] ...
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Better information sharing, or 'share or be damned'?
... Campbell, ‘Criminal Labels, the European Convention on Human Rights and the Presumption of Innocence’ 2013 76 MLR 681 CQC Care Quality Commission, 2014a ' Behind the headlines: Using inf[r] ...
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Text ABSTRACT pdf
... Merupakan sesuatu yang menggembirakan, bahwa prinsip tersebut terdapat dalam perundang-undangan nasional kita, akan tetapi perlu diperingatkan, bahwa prinsip demikian jangan menjadi suatu prinsip yang abstrak dan bahwa ...
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Legal Responsibilities of the Boards of Directors of Persero State Owned Enterprises Agency towards Losses Conducted by Directors’ Loss
... An understanding of the Business Judgment Rule doctrine can be understood based on the principle of the Presumption of Innocence which is also known as the principle of "presumption of i[r] ...
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Understanding the Nature of the Presumption of Resulting Trusts
... the presumption will be made in equity that the gift is to be held on resulting trust for the person making that gift, in the absence of clear evidence to the ...
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After Kiobel: An Essential Step to Displacing the Presumption against Extraterritoriality
... After Kiobel An Essential Step to Displacing the Presumption against Extraterritoriality SMU Law Review Volume 67 | Issue 2 Article 7 2014 After Kiobel An Essential Step to Displacing the Presumption[.] ...
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Post Conviction Determination of Innocence for Death Row Inmates
... Post Conviction Determination of Innocence for Death Row Inmates SMU Law Review Volume 48 | Issue 1 Article 11 1995 Post Conviction Determination of Innocence for Death Row Inmates Kelli Hinson Follow[.] ...
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False Presumptions Counter to the Presumptions of Innocence
... If the act does not really mirror the motive, intent or state of mind presumed, the presumption is an offense to common sense and a danger to the public welfare.. Yet presumptions of thi[r] ...
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Innocence lost : a problem for punishment as duty
... Of course, telishment, framing, and indifference punishments are clearly something that any actual system of punishment must be designed to avoid. But there are extreme cases in which many of us would endorse them. ...
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