Corporations and the Presumption of Innocence

2013 ◽  
Author(s):  
Roger A. Shiner
Keyword(s):  
Presumption Of Innocence

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

Presumption of Innocence and Termination of Criminal Cases for Reasons Other Than Rehabilitation

1983 ◽  
Vol 22 (1) ◽  
pp. 50-63
Author(s):  
M. S. Strogovich
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Cases

THEORETICAL APPROACHES TO FORMATION OF PRESUMPTION OF INNOCENCE DOCTRINE

2018 ◽  
Vol 3 (3) ◽  
pp. 16-30
Author(s):  
Larisa Schennikova
Keyword(s):  
Presumption Of Innocence ◽  
Theoretical Approaches

The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation

2020 ◽  
pp. 86-91
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
A. M. Tsechoev
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Criminal Case ◽  
Football Players ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Plea Bargain ◽  
European Court ◽  
Theoretical Issues

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.

Terror Suspects and the Right to Presumption of Innocence: Alarming Violations by Kenya

2014 ◽  
Author(s):  
Rodger Owiso ◽  
Alefiyah Mohammed
Keyword(s):  
Presumption Of Innocence ◽  
The Right

scholarly journals Threats to the Presumption of Innocence in Irish Criminal Law: An Assessment

2011 ◽  
Vol 15 (3) ◽  
pp. 181-206
Author(s):  
Claire Hamilton
Keyword(s):  
Criminal Law ◽  
Presumption Of Innocence
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