The Presumption of Innocence: Evidential and Human Rights Perspectives: 8 (Criminal Law Library)

Andrew Stumer

ISBN 10: 1849460361 / ISBN 13: 9781849460361

Published by Hart Publishing, 2010

About this Item

This book investigates the supposed justifications for limitation of the presumption of innocence by analysing its history, rationale and scope. Series: Criminal Law Library. Num Pages: 258 pages, black & white illustrations. BIC Classification: LNFX3. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 240 x 166 x 20. Weight in Grams: 564. . 2010. 1st Edition. hardcover. . . . . Books ship from the US and Ireland.

Seller Inventory # V9781849460361

Bibliographic Details

• Title: The Presumption of Innocence: Evidential and Human Rights Perspectives: 8 (Criminal Law Library)
• Publisher: Hart Publishing
• Publication Date: 2010
• Language: English
• ISBN 10: 1849460361
• ISBN 13: 9781849460361
• Binding: Hardcover
• Condition: New

About this title

Synopsis

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

About the Author

Andrew Stumer is a practising barrister in Brisbane, Australia. He obtained his DPhil in law from the University of Oxford in 2008.