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Book
xviii, 154 p. ; 24 cm.
Law Library (Crown)
Book
viii, 276 pages ; 25 cm.
  • Introduction
  • The presumption of innocence : sorting the claims
  • The human right to be presumed innocent
  • Nonproceduralism and the presumption of innocence
  • The presumption of innocence in the trial setting
  • Justifying the proof structure of criminal trials
  • Do we need a pretrial presumption of innocence?
  • Pretrial detention and the presumption of innocence
  • Incomplete prosecutions and the presumption of innocence
  • The presumption of innocence postpunishment.
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
(source: Nielsen Book Data)9780190469191 20161108
Law Library (Crown)
Book
v, 33 p. ; 23 cm.
Law Library (Crown)
Book
vii, 182 p. ; 23 cm.
Law Library (Crown)
Book
30 p. ; 26 cm.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
xl, 218 p. ; 24 cm.
  • The presumption before the Human Rights Act
  • Rationale for the presumption
  • Scope of the presumption
  • The presumption in Strasbourg
  • Proportionality and the presumption
  • Allocating the burden of proof.
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.
(source: Nielsen Book Data)9781849460361 20160609
Law Library (Crown)
Book
xix, 185 p. ; 25 cm.
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.
(source: Nielsen Book Data)9780702151446 20160528
SAL1&2 (on-campus shelving)
Book
174 p. ; 22 cm.
Law Library (Crown)
Book
174 p. ; 22 cm.
Green Library
Book
v, 54 p. ; 26 cm.
Green Library
Book
xix, 185 p. ; 25 cm.
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.
(source: Nielsen Book Data)9780702151446 20160528
Law Library (Crown)
Book
243 p. ; 21 cm.
Green Library
Book
xvi, 190 p. ; 23 cm.
Green Library
Book
vii, 370 pages ; 24 cm
  • Introduction
  • The foundations of the frenzy
  • Misleading through statistics
  • The realities of "rape culture"
  • Denying due process
  • Media malpractice
  • The witch-hunt mentality
  • College athletes : myths and realities
  • The witch hunt intensifies
  • From campus to criminal law
  • A new generation's contempt for civil rights
  • Conclusion.
"In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation's campuses as awash in a violent crime wave-and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing in reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama Administration and biased media coverage led by the New York Times. The panic about campus rape has helped stimulate-and has been fanned by-ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation's all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play. This book will use hard facts to set the record straight. It will, among other things, explore about two dozen of the many cases since 2010 in which innocent or probably innocent students have been branded as sex criminals and expelled or otherwise punished by their colleges. And it will show why all students-and, eventually, society as a whole-are harmed when our nation's universities abandon pursuit of truth and seek instead to accommodate the passions of the mob"-- Provided by publisher.
Law Library (Crown)
Book
xviii, 430 p. : 25 cm.
  • PREFACE -- INTRODUCTION -- 1. THE FOURTH AMENDMENT EXCLUSIONARY RULE -- 2. FIFTH AND FOURTEENTH AMENDMENT EXCLUSION OF CONFESSIONS -- 3. THE MIRANDA EXCLUSIONARY RULE -- 4. THE MASSIAH DOCTRINE: SIXTH AMENDMENT EXCLUSION OF CONFESSIONS -- 5. SIXTH AMENDMENT EXCLUSION OF EYEWITNESS IDENTIFICATIONS -- 6. DUE PROCESS EXCLUSION OF EYEWITNESS IDENTIFICATIONS -- 7. CONFRONTATION CLAUSE EXCLUSION OF HEARSAY -- CONCLUSION -- INDEX.
  • (source: Nielsen Book Data)9780195369243 20160605
Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction and punishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security. Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searches or seizures. It then addresses three distinct doctrines that suppress confessions--the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona's Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores the exclusion of hearsay commanded by the Sixth Amendment Confrontation Clause. Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.
(source: Nielsen Book Data)9780195369243 20160605
Law Library (Crown)
Book
vii, 370 pages ; 24 cm
  • Introduction
  • The foundations of the frenzy
  • Misleading through statistics
  • The realities of "rape culture"
  • Denying due process
  • Media malpractice
  • The witch-hunt mentality
  • College athletes : myths and realities
  • The witch hunt intensifies
  • From campus to criminal law
  • A new generation's contempt for civil rights
  • Conclusion.
"In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation's campuses as awash in a violent crime wave-and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing in reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama Administration and biased media coverage led by the New York Times. The panic about campus rape has helped stimulate-and has been fanned by-ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation's all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play. This book will use hard facts to set the record straight. It will, among other things, explore about two dozen of the many cases since 2010 in which innocent or probably innocent students have been branded as sex criminals and expelled or otherwise punished by their colleges. And it will show why all students-and, eventually, society as a whole-are harmed when our nation's universities abandon pursuit of truth and seek instead to accommodate the passions of the mob"-- Provided by publisher.
Law Library (Crown)
Book
iv, 416 p. ; 24 cm.
Green Library
Book
xxiii, 324 p. ; 24 cm.
  • The presumption of innocence
  • Defining the crime
  • The inquisitorial procedure
  • The mixed public accusatorial procedure
  • Crimen sollicitationis
  • The right of defence
  • The current universal legislation
  • The law in action
  • Local legislation
  • Appendix I: Crimen sollicitationis (1962 version)
  • Appendix II: Formula P : modus peragendi constituta (1962 version)
  • Appendix III: Formula P : modus peragendi constituta (1922 version).
Canon 1342 of the Code of Canon Law of the Roman Catholic Church presumes that a judicial procedure is the normal way to impose a legal penalty. Only when there are just reasons against its use are extra-judicial means to be employed. Perpetual penalties such as dismissal from the clerical state cannot be imposed except by means of judicial procedure. This was the author's presumption until he was faced with a direct question from a priest accused of the crime of child sexual abuse. "Do I have a right to a trial, if I am accused? Am I not presumed innocent until proven guilty?" This book is an attempt to answer the question. Given the rise of clerical child sexual abuse scandals in Belgium, Ireland, the Netherlands, North America and Germany, this book addresses a question of prime importance to the Church and civil society.
(source: Nielsen Book Data)9789042925489 20160612
Law Library (Crown)

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