NDLI: Loss of Innocence in Common Law Presumptions

Content Provider	Springer Nature Link
Author	Roberts, Paul
Copyright Year	2013
Abstract	This review article of Stumer (The presumption of innocence: evidential and human rights perspectives. Hart Publishing, Oxford, 2010) explores the concept, normative foundations and institutional implications of the presumption of innocence in English law. Through critical engagement with Stumer’s methodological assumptions and normative arguments, it highlights the narrowness of common lawyers’ traditional conceptions of the presumption of innocence. Picking up the threads of previous work, it also contributes to on-going debates about the legitimacy of reverse onus clauses and their compatibility with European human rights law and general principles of criminal jurisprudence.
Starting Page	317
Ending Page	336
Page Count	20
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	2013-05-09
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Presumption of innocence European human rights law Woolmington principles Reverse onus clauses Affirmative defences Common law criminal jurisprudence 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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Loss of Innocence in Common Law Presumptions