The Presumption of Innocence in International Human Rights and Criminal Law

by Michelle Coleman

Overview

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed.

The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected.

The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Product Details

ISBN-13:	9780367512088
Publisher:	Taylor & Francis
Publication date:	03/04/2021
Series:	Human Rights and International Law
Pages:	216
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Dr Michelle Coleman is a Lecturer in Law at Swansea University School of Law, UK

Table of Contents

Acknowledgements viii

1 Introduction 1

The presumption of innocence in practice 3

The presumption of innocence in theory 5

Outline of the book 6

Conclusion 8

2 The presumption of innocence in context 9

What is 'innocence?' 9

Factual innocence (and guilt) 11

Legal innocence (and guilt) 12

What is a presumption? 14

The presumption of innocence exists within national and international law 19

What is the presumption of innocence meant to protect? 25

Conclusion 32

3 Who has the right and when does it become operable? 34

Every human has the right to the presumption of innocence 35

The presumption of innocence only applies in criminal proceedings 38

The statutes dictate that the presumption of innocence only applies in criminal proceedings 38

What are criminal proceedings? 40

When the right to the presumption of innocence becomes operable 44

Conclusion 54

4 Who carries the duty to uphold the presumption of innocence? 56

The presumption of innocence requires a duty 56

The fact-finder must uphold the duty 60

Public authorities have a duty 64

Non-public entities have a limited duty to uphold the presumption of innocence 68

Non-public entity's duty limited by criminal law and proceedings 69

The media's duty regarding the- presumption of innocence 69

The individual's duty regarding the presumption of innocence 72

How is the duty expressed? 75

Conclusion 76

5 The procedural aspect of the presumption of innocence 78

The presumption of innocence is a presumption of law 78

The presumption of innocence is mandatory: the relationship between the presumption of innocence and the burden of proof 80

Affirmative defences 84

Fudiciul notice 87

The right to silence and adverse inferences 92

The presumption of innocence is rebuttable: the relationship between the presumption of innocence and the standard of proof 96

In dubio pro reo 98

Strict liability 100

Waiver 103

Conclusion 105

6 The non-procedural aspect of the presumption of innocence 106

The presumption of innocence is more than a legal presumption 106

Public statements of guilt 111

What is a public statement of guilt? 111

How do public statements of guilt impact the presumption of innocence? 117

Shows pre-judgment 118

Taints the opinion of the fact-finder 120

May cause the public to believe the accused is guilty 122

Treats the accused as guilty 123

The media must avoid 'undermining' the presumption of innocence 124

Legally innocent people must not be subjected to the same treatment as those who have been convicted of a crime 127

The presumption of innocence and post-trial proceedings 131

Conclusion 133

7 The relationship between the presumption of innocence and pre-determination detention 136

What is pre-determination detention? 137

Does the presumption of innocence apply to pre-determination detention? 140

The presumption of innocence and length of pre-determination detention 145

The justifications or reasons for pre-determination detention 147

Type of crime 150

Crime prevention 154

Ensuring presence at trial 159

Special considerations for international courts and tribunals 163

Conclusion 167

8 Conclusion 169

Bibliography 173

Index 200