Taming the Presumption of Innocence

by Richard L. Lippke

Overview

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.

Product Details

ISBN-13:	9780190601065
Publisher:	Oxford University Press
Publication date:	02/01/2016
Series:	Studies in Penal Theory and Philosophy
Sold by:	Barnes & Noble
Format:	eBook
Pages:	256
File size:	405 KB

About the Author

Richard L. Lippke is Professor in the Department of Criminal Justice at Indiana University, Bloomington

Table of Contents

Chapter 1: The Presumption of Innocence: Sorting the Claims Chapter 2: The Human Right to Be Presumed Innocent Chapter 3: Non-Proceduralism and the Presumption of Innocence Chapter 4: The Presumption of Innocence in the Trial Setting Chapter 5: Justifying the Proof Structure of Criminal Trials Chapter 6: Do We Really Need a Pre-Trial Presumption of Innocence? Chapter 7: Pre-Trial Detention and the Presumption of Innocence Chapter 8: Incomplete Prosecutions and the Presumption of Innocence Chapter 9: The Presumption of Innocence Post-Punishment Epilogue

Editorial Reviews

"engaging and thoughtful ... This book's careful analysis will make it of interest to a wide range of readers thinking about the legitimacy and improvement of the criminal justice system." — Gabriel Chin, Criminal Justice Ethics

"The presumption of innocence is a central, but relatively under-explored, tenet of the criminal law. Richard L. Lippke's welcome analysis of the philosophical issues it raises is penetrating and provocative. In a wide-ranging exploration, this book examines the nature of the presumption, what it means to talk of innocence, upon whom the burden of the presumption falls, and what it requires. Lippke offers a stimulating critique of the existing literature and a persuasive challenge to the overly extensive claims made for the presumption of innocence. Tackling a presumption at the very heart of the criminal justice system, this brilliant exemplar of applied philosophy will be of great interest to academics and practitioners alike." -Lucia Zedner, Faculty of Law, University of Oxford

"Lippke's book offers a clear and multi-dimensional analysis of a concept that is universally recognized but whose content is widely misunderstood, even by prominent judges and lawyers. It is indisputably the definitive effort to date to lay bare the multiple meanings—and numerous confusions—associated with the presumption of innocence." -Larry Laudan, Law & Philosophy, University of Texas at Austin

"Richard L. Lippke's Taming the Presumption of Innocence is a major contribution to our theoretical understanding of criminal procedure. Founding his argument in the basic rights of life, liberty, and equality, Lippke advances a strong case for confining the presumption to the trial process. A thorough scrutiny of the presumption of innocence, this book argues that some of the work that the presumption has been said to do outside the trial, such as treating criminal suspects with respect and dignity, should be accomplished with legal principles directly aimed at those goals." -Hamish Stewart, University of Toronto

From the Publisher