NDLI: The Prosecutor and the Presumption of Innocence

Content Provider	Springer Nature Link
Author	Lippke, Richard L.
Copyright Year	2013
Abstract	In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities to promote the integrity of this moral assurance procedure are then divided into pre-trial, during-trial, and post-trial phases. Since most charge adjudication is effected through plea bargaining, the ways in which plea procedures must be modified to conform to this moral assurance procedure, and thus honor the presumption of innocence, are also discussed.
Starting Page	337
Ending Page	352
Page Count	16
File Format	PDF
ISSN	18719791
Journal	Criminal Law and Philosophy
Volume Number	8
Issue Number	2
e-ISSN	18719805
Language	English
Publisher	Springer Netherlands
Publisher Date	2013-03-01
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Presumption of innocence Prosecutorial ethics Criminal procedure Theories of Law, Philosophy of Law, Legal History Philosophy of Law Criminal Law Ethics
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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The Prosecutor and the Presumption of Innocence