Presumption of Innocence, 1st Edition

Presumption of Innocence, 1st Edition

The presumption of innocence is widely accepted as a fundamental principle of criminal justice. In some countries (like South Africa and Canada) it has been elevated to a constitutionally guaranteed right, subject to a general limitations clause. The presumption of innocence is also found in international instruments and there is much laudatory rhetoric in support of this presumption. There is, however, very little consensus regarding the exact content and scope of the presumption of innocence. This lack of consensus creates considerable confusion concerning the practical application of the presumption. This book 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.

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Detailed Information

  • Title: Presumption of Innocence, 1st Edition
  • Author: PJ Schwikkard
  • Publisher: Juta
  • ISBN: 9780702151446
  • Format: Soft cover

The presumption of innocence is widely accepted as a fundamental principle of criminal justice. In some countries (like South Africa and Canada) it has been elevated to a constitutionally guaranteed right, subject to a general limitations clause. The presumption of innocence is also found in international instruments and there is much laudatory rhetoric in support of this presumption. There is, however, very little consensus regarding the exact content and scope of the presumption of innocence. This lack of consensus creates considerable confusion concerning the practical application of the presumption. This book 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.

Contents Include:

  • A brief history of the presumption of innocence
  • The rationale for the presumption of innocence
  • Basic concepts
  • Towards the definition of the presumption of innocence
  • The scope of the presumption of innocence
  • Identifying infringements of the presumption of innocence
  • Justifiable limitations

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