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1

Conti, Carlotta. "Processo penale mediatico e diritti fondamentali." La Nuova Giuridica 2, no. 2 (January 19, 2023): 1–36. http://dx.doi.org/10.36253/lng-1971.

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Il d.lgs. n. 188 del 2021 in attuazione della presunzione di innocenza ha introdottonuove norme in tema di comunicazione giudiziaria. Soltanto un’interpretazioneinformata all’etica della responsabilità può porre rimedio al problema (invero piùampio) del c.d. processo mediatico.The d.lgs. n. 188 of 2021, in implementation of the presumption of innocence,introduced new rules on judicial communication. Only an informed interpretation ofthe ethics of responsibility can remedy the (indeed broader) problem of the so-calledmedia process.
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2

Villa, Angelo. "La clinica e il suo oltre. La questione del maltrattamento infantile." COSTRUZIONI PSICOANALITICHE, no. 21 (April 2011): 93–106. http://dx.doi.org/10.3280/cost2011-021006.

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La questione del maltrattamento infantile non puň e non deve essere ridotta ad una procedura di ricostituzione di una supposta innocenza infantile. Questo in effetti serve a rassicurare la societŕ sulle proprie buone intenzioni, ma ferma il bambino nella sua condizione di inferioritŕ senza riuscire ad introdurlo nella dinamica del divenire un adulto, la quale non puň essere un tragitto privo di ogni turbamento. I concetti di trauma, di cura, e la stessa idea di infanzia vanno considerati nella loro storia e complessitŕ e non in un'ottica che riduce tutto ad un fatto acclarato.
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3

Stamm, Heinz-Meinolf. "Il giuramento di innocenza nel processo canonico medievale: storia e disciplina della „purgatio canonica‟." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 184, no. 1 (November 27, 2015): 273–76. http://dx.doi.org/10.1163/2589045x-184-01-90000027.

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4

Innamorati, Marco. "Innocenza di Edipo. L'interpretazione del mito come mito e la psicoanalisi come cultura orale." Quaderni Urbinati di Cultura Classica 49, no. 1 (1995): 161. http://dx.doi.org/10.2307/20547287.

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5

Tilley, Terrence W. "The Principle of Innocents' Immunity." Horizons 15, no. 1 (1988): 43–63. http://dx.doi.org/10.1017/s0360966900038433.

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AbstractThis essay claims that some recent discussions of moral positions based on a principle of innocents' immunity, “The direct killing of an innocent person is never morally justifiable,” ignore two different meanings of “innocence”: “innocence” as applied to agents and “innocence” as applied to those upon whom the agents act (“patients”). It shows how neglecting this distinction distorts some discussions about abortion and justifiable war. Some recent philosophical analyses are used and developed (1) to argue that “patient innocence” is not dependent on “agent innocence,” but on how the role of “;patients” relates those “patients” to prospective or actual agents, and (2) to show the theoretical importance of distinguishing “excuses” from “justifications” of actions. This approach provides an alternative to traditionalist and revisionist accounts by suggesting how Catholicism's “inconsistent ethic” might be developed into a more coherent, multifaceted vision.
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6

D'Angelo, Lorenzo. "Feticismo, violenza e Stato Passaggi benjaminiani nell'antropologia di Michael Taussig." COSTRUZIONI PSICOANALITICHE, no. 23 (May 2012): 121–35. http://dx.doi.org/10.3280/cost2012-023009.

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Michael Taussig č uno dei rappresentanti piů originali e provocatori della cosiddetta "etnografia postmoderna". I suoi scritti sono stati influenzati dalla teoria critica della Scuola di Francoforte ed, in particolar modo, dalla prospettiva "micrologica" di Walter Benjamin. In questo articolo prendo in esame alcune delle questioni che sono centrali nelle riflessioni sviluppate da questo antropologo tra gli anni Ottanta e la prima metŕ degli anni Novanta. Piů nello specifico, mi soffermo su tre questioni, tra di loro interrelate, che riassumo in tre parole chiave: feticismo, violenza e Stato. L"obiettivo č mostrare come Taussig ha elaborato una proposta teorica coerente con l"idea che l"antropologia debba abbandonare ogni pretesa di innocenza e di oggettivitŕ per farsi critica culturale radicale.
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7

Snowden, John Rockwell. "Innocents and Innocence." Business and Professional Ethics Journal 9, no. 1 (1990): 129–39. http://dx.doi.org/10.5840/bpej199091/214.

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8

Barenghi, Mario. "«I just want to talk»." LawArt 1, no. 1 (January 30, 2020): 61–77. http://dx.doi.org/10.17473/lawart-2020-1-4.

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La fortuna della narrativa d’investigazione non cessa di stupire: è probabile che nella nostra cultura il tema dell’indagine abbia preso gran parte del posto che nella cultura premoderna era tenuto dal tema del combattimento. Una variante del combattimento è il confronto verbale, che alimenta il sottogenere delle storie giudiziarie. Questo articolo prende in esame il primo film di Sidney Lumet, La parola ai giurati (12 Angry Men, 1957), mettendo in evidenza la cellula germinale dell’intreccio. In una giuria dove tutti sono convinti della colpevolezza dell’imputato, un giurato si dissocia, non perché abbia solide ragioni per sostenere la sua innocenza, ma per una ragione di principio: la giuria non può decidere del suo destino senza dedicargli il giusto tempo. Un monito più che mai attuale, in tempi di comunicazioni precipitose e superficiali: e insieme, l’avvio di una riflessione molto simile ai procedimenti della critica letteraria.
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9

Giuliani, Adolfo. "Fior i , Antonia, Il giuramento di innocenza nel processo canonico medievale. Storia e disciplina della purgatio canonica." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 100, no. 1 (August 1, 2014): 690–93. http://dx.doi.org/10.7767/zrgka-2014-0128.

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10

zur Nieden, Gesa. "Pasticcio, Arrangement, or Adaptation? Georg Philipp Telemann's Pasticcio Judith Based on Fortunato Chelleri's dramma per musica Innocenza difesa." Musicology Today 18, no. 1 (December 1, 2021): 99–113. http://dx.doi.org/10.2478/muso-2021-0010.

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Abstract In musicological research on the eighteenth-century operatic pasticcio it has often been discussed how pasticci can be distinguished from dramme per musica. The article examines the evolution of Fortunato Chelleri's opera Innocenza difesa in the course of its adaption for several performance venues (Florence 1720, Venice 1722, Kassel 1725, Wolfenbüttel/Brunswich 1731), as well as pasticcio projects based on Chelleri's score (Hamburg 1732). By analysing the surviving libretti, scores, and sheet music related to Chelleri's opera, it can be shown that Chelleri as well as the arranger of the Hamburg pasticcio-production, Georg Philipp Telemann, paid attention to the overarching dramaturgical principles as well as to new forms of music publishing in large metropolises such as London. Telemann not only chose some arias by George Frederic Handel from among the most celebrated numbers in the opera Lotharius (composed by Handel, printed by John Walsh in London, 1730), but he also fostered Chelleri's focus on Judith as a main character. Within these musical-dramaturgical perspectives, based on very loose networks of connections between librettists, composers, singers, and probably stage designers, requests for specific arias from individual singers could also be accommodated.
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11

McPherson, Lionel K. "Innocence and Responsibility in War." Canadian Journal of Philosophy 34, no. 4 (December 2004): 485–506. http://dx.doi.org/10.1080/00455091.2004.10716576.

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Innocence is a notion that can prove controversial. Claims of innocence typically support not imposing burdens on the innocent when their conduct is relevantly unobjectionable. This paper examines innocence in the context of violent conflict between states or groups. Many thinkers about the morality of such violence want to establish a principle that would protect innocent civilians. Yet the common view in just war theory does not affirm the moral innocence of civilians. Similarly, the common view that soldiers have an equal right to kill does not affirm their equal moral culpability.Talk of innocence usually Starts from the idea that a kind of moral appraisal makes sense. We assume that persons can be innocent or not by virtue largely of the choices they have made. I will accept this assumption and set aside metaphysical doubts about our capacity for freedom. There is, of course, no issue of moral innocence if in fact we cannot be morally responsible for our actions.
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12

Moslemani, Fadil. "“Come un pesce entro due acque”. Alcune annotazioni sull’intima duplicità del fanciullo penniano." Forum Italicum: A Journal of Italian Studies 52, no. 1 (February 1, 2018): 181–92. http://dx.doi.org/10.1177/0014585817746642.

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La poesia di Sandro Penna costituisce un caso letterario sui generis nel Novecento poetico italiano. Fedele a un monotematismo incentrato sulla figura del personaggio-mito del fanciullino, il poeta perugino, a partire dalla sua prima raccolta ( Poesie, 1939), perviene efficacemente a “riesumare”, rielaborandola attraverso la propria soggettività di uomo-poeta, l’immagine multiforme del fanciullo di pascoliana memoria. Prendendo in esame la vasta produzione lirica di Penna, il saggio che qui proponiamo intende porre in evidenza alcuni dei punti salienti della poetica penniana del fanciullo in rapporto all’“archetipo” elaborato da Giovanni Pascoli e, più in generale, rispetto alla tradizione critica e poetica del Novecento. Dai contorni talvolta arcani, la figura del fanciullo, in Penna, si contraddistingue sovente per la sua duplicità, in quanto opera sia da vero e proprio oggetto dei desideri del poeta, sia da intima “presenza interiore” (di pascoliana memoria) volta a conferire allo scrittore un’aura di apparente ingenuità e bambinesca innocenza. Nella convinzione che la duplice natura del fanciullino costituisce uno dei maggiori elementi di interesse riscontrabili nella lirica considerata, il presente contributo, attraverso un tentativo di analisi di tale doppiezza, si prefigge pertanto di scrutare la “poetica del fanciullo” allo scopo di meglio contestualizzarla all’interno dell’intero corpus poetico penniano.
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13

Bach, Jonathan, and Benjamin Nienass. "Introduction." German Politics and Society 39, no. 1 (March 1, 2021): 1–14. http://dx.doi.org/10.3167/gps.2021.390101.

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Innocence is central to German memory politics; indeed, one can say that the German memory landscape is saturated with claims of innocence. The Great War is commonly portrayed as a loss of innocence, while the Nazis sought, in their way, to reclaim that innocence by proclaiming Germany as the innocent victim. After World War II, denazification and courts established administrative and legal boundaries within which claims of innocence could be formulated and adjudicated, while the “zero hour” and “economic miracle” established a basis for a different form of reclaiming innocence, one roundly critiqued by Theodor W. Adorno in his essay “What Does Coming to Terms with the Past Mean?”1 In the 1980s, Chancellor Helmut Kohl’s famous pronouncement of the “grace [Gnade] of a late birth” (also translatable as “mercy,” “pardon,” or “blessing”) became the touchstone for a resurgence of war children’s (Kriegskinder) memory. In the 1990s, the myth of the Wehrmacht as largely innocent of atrocities was publicly challenged. Today, rightwing critiques that cast Holocaust remembrance as a politics of shame draw upon tropes of innocence, of German air war victims and post-war generations, while right-wing images of migrants are cast in classic forms of threats to the purity of the “national body” (Volkskörper). The quickening pace of contemporary debates over Germany’s colonial past pointedly questions the innocence of today’s beneficiaries of colonialism, drawing attention to the borders and contours of implication.
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14

Zalman, Marvin, and Robert J. Norris. "Measuring Innocence." New Criminal Law Review 24, no. 4 (2021): 601–54. http://dx.doi.org/10.1525/nclr.2021.24.4.601.

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What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.
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15

Duthoy, Leander. "‘I Became Much Wiser over Time’: Readers’ Use of Innocence and Wisdom as Age Norms in Responses to Children’s Literature." International Research in Children's Literature 15, no. 3 (October 2022): 279–93. http://dx.doi.org/10.3366/ircl.2022.0467.

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Age norms are the social norms that, within a specific socio-cultural environment, operate as the expectations about the appearance and behaviour of members of various age groups (Radl 758). In addition, age is ‘relational’ (Pickard 203), meaning that age groups are defined in relation to other age groups. In that context, children are often described as ‘innocent and inexperienced’ (Nodelman 157) and adults as wise (Woodward 187). However, scholars have also criticised childhood innocence and adult wisdom as problematic generalisations (Kitzinger 79; Woodward 206). In this article I discuss how child and adult readers of children’s literature use innocence and wisdom as age norms to reflect both on their own age and the age of characters. Data was gathered through fifty-seven one-on-one interviews and four focus-group conversations with readers aged nine to seventy-five, based on two Dutch language children’s books: Iep! (1996), written by Joke van Leeuwen, and Voor altijd samen, amen (1999), written by Guus Kuijer. Young readers demonstrated an awareness of adult discourse surrounding child innocence, which some adopted without criticism, while others admitted to ‘performing’ innocence to escape adult ire. Furthermore, these same young readers also used innocence to ‘age’ young characters. For late adolescent and early adult readers, both young and old characters were sometimes deemed innocent. In contrast, older readers emphasised their own wisdom and reflected on the age of characters through that lens. Wisdom therefore emerged as a key age norm older readers used not only to praise older characters, but also to give positive meaning to their own experience of older adulthood. Notably, some characters that were perceived as especially wise by older readers were thought of as naïve and innocent by younger readers. Thus, the complexity of the readers’ responses challenged straightforward age-bound generalisations of wisdom and innocence.
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Smith, Bruce P. "The Presumption of Guilt and the English Law of Theft, 1750–1850." Law and History Review 23, no. 1 (2005): 133–71. http://dx.doi.org/10.1017/s0738248000000079.

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When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread…runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference—one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused.No principle in Anglo-American criminal law is more vaunted than the so-called “presumption of innocence”: the doctrine that the prosecution must bothproduceevidence of guilt andpersuadethe fact-finder “beyond a reasonable doubt.” The claim that “every man is presumed to be innocent until he is proved guilty” has been described as “dear to the hearts of Englishmen” and as an omnipresent feature of English criminal law. In 1895, the United States Supreme Court declared the “presumption of innocence in favor of the accused” to be “the undoubted law, axiomatic and elementary”—a protection that “lies at the foundation of the administration of our criminal law.” Befitting its lofty stature in Anglo-American legal culture, the presumption has become associated, over time, with that most famous of Blackstonean maxims: “[I]t is better that ten guilty persons escape, than that one innocent suffer.”
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Kowalik-Olubińska, Małgorzata. "Jeśli nie naiwność, to co? Próba rekonstrukcji idei dziecka u J.J. Rousseau." Problemy Wczesnej Edukacji 30, no. 3 (September 30, 2015): 63–74. http://dx.doi.org/10.5604/01.3001.0008.9216.

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Categories of childlike innocence, immaturity and helplessness, which constitute the idea of a child accepted in Western societies, are regarded as obvious and undisputed. However, more and more often their obviousness is questioned by modern researchers, particularly the representatives of the new sociology of childhood, including A.W. Corsaro, A. James, C. Jenks, A. Prout, J. Qvortrup. They move away from the universal vision of an innocent child and emphasize the variety of ways of experiencing and understanding the world by children living in different social and cultural contexts. Therefore, they present the possibility to include such categories as competence and autonomy in the considerations on the construction of the image of a child. The author, assuming the above mentioned research perspective, attempts to read Rousseau’s idea of a child in the context of three pairs of contradictory categories: innocence/corruption, immaturity/competence and dependence/ autonomy. Going out of the category of child innocence makes it possible to notice that children are not only victims of aggression, but sometimes they are aggressors; that they not only submit to others, but also influence what is happening to them and around them; that they are endowed with the ability to cause events and in the same time, to be innocent and helpless beings to some extent. Such findings prove that going beyond innocence in the considerations on the child’s nature and examining it in the context of a wider range of categories is valid and legitimate. They also point at the ambiguity and complexity of the child’s nature, which allows us to question the obviousness and universalness of the idea of a child as a being that is innocent, immature, dependent and devoid of the ability to influence events.
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18

Montague, Phillip. "Self-Defence and Innocence: Aggressors and Active Threats." Utilitas 12, no. 1 (March 2000): 62–78. http://dx.doi.org/10.1017/s0953820800002612.

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Although people generally agree that innocent targets of culpable aggression are justified in harming the aggressors in self-defence, there is considerable disagreement regarding whether innocents are justified in defending themselves when their doing so would harm other innocent people. I argue in this essay that harming innocent aggressors and active innocent threats in self-defence is indeed justified under certain conditions, but that defensive actions in such cases are justified as permissions rather than as claim rights. This justification therefore differs from that of self-defence against culpable aggressors, since defensive acts of the latter type are justified as claim rights rather than mere permissions. I argue, however, that the two justifications are alike in that both rest on considerations of distributive justice.
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Lupu, Diana-Gabriela. "The Innocent American Girl in Henry James’s International Novel." Gender Studies 11, no. 1 (December 1, 2012): 258–69. http://dx.doi.org/10.2478/v10320-012-0044-3.

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Abstract In his international novels, Henry James used the idea of innocence and loss of innocence in connection to his American characters, especially American girls, as opposed to the personality of the Europeans. He explored the differences between the two civilizations and the effect that these have on the identity of the innocent coming from the New World. Being presented by the author as childlike, unaware human beings, Henry James’s heroines come to Europe to learn something of ‘life’, but they can’t preserve their innocence as they are forced to recognize that the world is ambiguous, divided. Their drama is a result of their resistance to acknowledging the foreignness of the Other.
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Hoffmann, Joseph L. "Innocence and Federal Habeas after AEDPA: Time for the Supreme Court to Act." Federal Sentencing Reporter 24, no. 4 (April 1, 2012): 300–307. http://dx.doi.org/10.1525/fsr.2012.24.4.300.

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New empirical research shows that, since AEDPA, the likelihood of success in non-capital federal habeas corpus has dropped to less than one percent. Federal habeas courts continue to be concerned about the wrongful conviction of innocent defendants, but their role in such cases must be redefined. Habeas courts are structurally incapable of effectively screening and investigating claims of wrongful conviction; these responsibilities are better performed by extrajudicial actors such as innocence projects, innocence commissions, law school clinics, volunteer lawyers, and the media. The proper role of habeas is to provide a clear path to relief, unencumbered by procedural restrictions, for petitioners who can produce clear and convincing new evidence of innocence. The Supreme Court should help to create such a path by finally acknowledging the constitutional status of “bare innocence” claims based on new evidence.
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21

Parkin, Nicholas. "Moral Tragedy Pacifism." Journal of Moral Philosophy 16, no. 3 (June 12, 2019): 259–78. http://dx.doi.org/10.1163/17455243-20182479.

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Conditional pacifism is the view that war is morally justified if and only if it satisfies the condition of not causing serious harm or death to innocent persons. Modern war cannot satisfy this condition, and is thus always unjustified. The main response to this position is that the moral presumption against harming or killing innocents is overridden in certain cases by the moral presumption against allowing innocents to be harmed or killed. That is, as harmful as modern war is, it can be morally justified as a lesser evil when it alone can prevent great harm to innocents. This paper proposes that extreme cases in which only war can prevent great harm to innocents may be morally tragic. In some cases it may be both wrong to wage war to prevent great harm and wrong to fail to prevent that great harm.
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Laurence, Jennifer, and David McCallum. "On Innocence Lost: How Children Are Made Dangerous." International Journal for Crime, Justice and Social Democracy 7, no. 4 (November 19, 2018): 148–64. http://dx.doi.org/10.5204/ijcjsd.v7i4.930.

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This article explores continuities of despotism within liberal governance. It introduces recent government investments in the need to protect children from institutional and organisational abuse in the context of which loss of innocence is conceptualised as a moment in a biography, following exposure to violence. The article contrasts those investments with contemporaneous claims by the state that as other-than-innocent, certain children in its care are legitimately exempted from moral-ethical norms embedded elsewhere in the logic of governing childhood proper. The article turns to historical understandings of the welfare of children in the state of Victoria, Australia, to explore the conditions and the means by which children in state care came to be figured as other-than-innocent exceptions, rightly exposed to forms of authoritarian violence. Loss of innocence is explored as an enduring achievement of government in the context of aspirations to do with population, territory and national security.
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Acker, James R. "Taking Stock of Innocence." Journal of Contemporary Criminal Justice 33, no. 1 (October 7, 2016): 8–25. http://dx.doi.org/10.1177/1043986216673008.

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This article offers a brief overview of the current state of the Innocence Movement. It begins by reviewing what we know, and do not know, about the incidence of wrongful convictions and their correlates and causes. It then explores select issues that should receive greater attention to help sustain the Innocence Movement and ensure its advancement. Acknowledging that much has been learned about wrongful convictions and that important reforms have been enacted, the article concludes by observing that significant challenges remain and must be addressed before efforts to guard against convicting the innocent are relaxed.
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Grumet, Madeleine R. "The Lie of the Child Redeemer." Journal of Education 168, no. 3 (October 1986): 87–97. http://dx.doi.org/10.1177/002205748616800310.

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This essay describes the image of the child in educational theory and argues that the image of the child redeemer is, in its emphasis on isolation from others and from the surrounding world, a spurious image for reform. It suggests that we attend to the redeeming lies of our daughters instead of the pronouncements of our innocent sons. It argues, however, that both innocence and deceit are properties of relations, not of individual persons. Curriculum and teaching must acknowledge the child's experience rather than constraining it in innocence or labeling it a lie.
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Scherr, Kyle C., Kimberly M. Alberts, Andrew S. Franks, and Ian Hawkins. "Overcoming Innocents' Naiveté: Pre-interrogation Decision-making Among Innocent Suspects." Behavioral Sciences & the Law 34, no. 4 (June 14, 2016): 564–79. http://dx.doi.org/10.1002/bsl.2247.

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26

Schehr, Robert Carl, and Jamie Sears. "Innocence Commissions: Due Process Remedies and Protection for the Innocent." Critical Criminology 13, no. 2 (January 2005): 181–209. http://dx.doi.org/10.1007/s10612-005-4798-x.

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Miza, Indra, Eriyantouw Wahid, and Gunawan Djajaputra. "Optimizing The Application of The Presumption of Innocence In Indonesia's Enforcement Against Terrorist." Indonesian Journal of Multidisciplinary Science 1, no. 3 (December 28, 2021): 224–39. http://dx.doi.org/10.55324/ijoms.v1i3.39.

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In the law enforcement against perpetrators of criminal acts of terrorism, protection of human rights must be prioritized even though the act constitutes an extraordinary crime which must be condemned regardless of the reasons and motives. The principle of presumption of innocence must also be upheld because the principle of presumption of innocence is a norm or rule that contains provisions that must be implementedby law enforcement officials to treat a suspect or defendant like an innocent person even though the evidence indicates the fault of a suspect or defendant. In the application of the presumption of innocence principle, law enforcers must really be able to implement it even though sometimes in the field implementation there are pro and contra when making decisions to take action against terrorists. Therefore, it is necessary to optimize law enforcement based on the presumption of innocence, both as stated in the Criminal Procedure Code (KUHAP) and the terrorism law so that law enforcement can prioritize the presumption of innocence and can avoid abuse of authority by law enforcement.
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Khanjani, Mohammad Kazem, and Atoosa Bahadori. "Damage compensation for innocent defendants and Convicts in Iran and the Canadian legal system." Technium Social Sciences Journal 23 (September 9, 2021): 370–79. http://dx.doi.org/10.47577/tssj.v23i1.4137.

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In the field of innocent defendants and convicts' damage compensation who have endured further losses due to issue criminal supply contracts or orders execution, their innocence has been cleared by issuing acquittance sentences. It counted as one of the most challenging issues in private and criminal law. In these recent years, based on positive changes in the rules of Iran, a lot of works done for innocent defendants and convicts' damage compensation have endured different and unfair punishments. But no integration or constructive work has been done for guiltless convicts' damage compensation who have endured some parts or all their punishments, and their innocence has been proved but not predicted. The reverse of this matter is true in the Canadian law system. Only a guilty convict who has tolerated some or all parts of unfair punishment deserves to receive damage compensation. This study attempted to research the subject's international binding rules, and many practical strategies for guiltless convicts' damage compensation will be considered in both systems by a comparative study.
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Hong, Yu Na, Min Jin Jin, Hyoen Gi Hong, Hee Song Kim, Hyung Ki Ji, and Myoung-Ho Hyun. "Attentional bias of guilty and innocent participants in a concealed information test." Social Behavior and Personality: an international journal 45, no. 10 (November 7, 2017): 1585–94. http://dx.doi.org/10.2224/sbp.6303.

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We examined the attentional bias between guilt and innocence in a concealed information test using a dot-probe task. The participants were 20 individuals in a guilty group, who were told they had committed a crime, 21 individuals in an innocent group, who were told they had not committed a crime, and 19 individuals in an informed-innocent group, who were told they had not committed a crime but who were given crime-relevant information. Participants in the guilty group were instructed to try to deceive the examiner so that their crime would not be detected, whereas those in the 2 innocent groups were told to be open and frank. The avoidance response of the guilty group was much stronger than that of the 2 innocent groups at an exposure duration of 1,250 ms. We also confirmed that a group not involved in a criminal act, but with crime-relevant information, could be distinguished effectively at an exposure duration of 1,250 ms. Thus, it is possible to distinguish between not only the guilty versus innocent group, but also the guilty group versus the innocent group with crime-related information.
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Doxtater, Amanda. "Terror melodrama, race and the nation: Ulaa Salim’s Sons of Denmark." Journal of Scandinavian Cinema 12, no. 1 (March 1, 2022): 47–56. http://dx.doi.org/10.1386/jsca_00063_1.

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Ulaa Salim's 2019 film, Sons of Denmark, employs terror melodrama, an iteration of the melodramatic mode related to 9/11 that represents the nation as innocent and violated. This allows the film to raise questions about masculinity, systemic racism and white innocence in the decades-long rise of far-right political parties in Denmark.
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Bradley, M. T., and M. E. Black. "A Control Question Test Oriented towards Students." Perceptual and Motor Skills 87, no. 2 (October 1998): 691–700. http://dx.doi.org/10.2466/pms.1998.87.2.691.

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Control Question Tests were altered for 12 of 24 students who were examined with a polygraph about a mock crime which half of them had committed. The altered tests substituted control questions about students' cheating and plagiarism for the standard questions about crime issues. Responses to the altered tests were compared with those from tests using regular control questions which are usually about criminal issues. All tests were conducted by a professor. Detection scores derived from response magnitudes of skin resistance differed between innocent ( M = 2.0) and guilty participants ( M = −1.9). Guilt and innocence interacted with the type of test. Those examined with control questions oriented towards students scored as more innocent when actually innocent ( M = 4.3) than guilty students examined with the student form ( M = −3.0) or the crime form ( M = −0.8) of the test and innocent students ( M = −0.3) examined with control questions oriented towards crimes. The discussion is augmented by results from a direct analysis of magnitude of scores.
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Kassin, Saul M. "On the Psychology of Confessions: Does Innocence Put Innocents at Risk?" American Psychologist 60, no. 3 (2005): 215–28. http://dx.doi.org/10.1037/0003-066x.60.3.215.

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33

Zalman, Marvin. "Edwin Borchard’s Innocence Project." Wrongful Conviction Law Review 1, no. 1 (May 12, 2020): 124–46. http://dx.doi.org/10.29173/wclawr6.

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The article recognizes the life and work of Edwin Montefiore Borchard, the founder of US innocence scholarship, as fitting for the Wrongful Conviction Law Review’s inaugural issue. The sources of his scholarship are located in his life and times in the early twentieth century US Progressive movement. The links between Borchard's other legal scholarship and his wrongful conviction writings are explained. Borchard's writings and advocacy leading to his main work, Convicting the Innocent, and passage of the federal exoneree compensation law are described. The article concludes that Borchard's lasting legacy is to refute innocence denial, a deeply help belief that wrongful convictions never occur or are vanishingly rare.
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Ravecca, Paulo, and Elizabeth Dauphinee. "What is Left for Critique? On the Perils of Innocence in Neoliberal Times." Las Torres de Lucca. International Journal of Political Philosophy 11, no. 1 (January 7, 2022): 37–49. http://dx.doi.org/10.5209/ltdl.77064.

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This essay explores the implications of what we call attachments to innocence for critical scholarship and progressive politics. After tracing the appearance of innocence in various strands of contemporary thought, we turn to how it shields individuals and groups from examining the depth of our own participation in oppression and harm. This evasion of responsibility works in our perspective as a hindrance to understanding power and engaging with others ethically. The essay more concretely examines how the reductionist and authoritarian dimensions of innocence dovetail with the neoliberal uptake of ‘progressive’ politics in university and activist settings. We are interested in how academics and activists of different kinds are rewarded for cultivating their innocent-selves through discursive and material interventions that leave power relations untouched. It is not merely monetary or status rewards that perpetuate this, but the crisis produced by our implication in the very violence we reject. Working with and through the mobility of agency, power, abuse, and justice, we explore what is at stake in shedding our attachments to innocence in the hope of a different sort of encounter – one that proceeds from the recognition that innocence is not a precondition for our engagement in political life.
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Golts, Edgars. "PRESUMPTION OF INNOCENCE OF LEGAL PERSONS." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 26. http://dx.doi.org/10.17770/acj.v4i77.2875.

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There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.
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Baackmann, Susanne. "Undoing the Myth of Childhood Innocence in Gisela Elsner’s Fliegeralarm." German Politics and Society 39, no. 1 (March 1, 2021): 37–55. http://dx.doi.org/10.3167/gps.2021.390103.

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This article examines Gisela Elsner’s 1989 novel Fliegeralarm in light of Helmut Kohl’s politics of “normalization” and the Kriegskinder victimology that has recently gained traction. Fliegeralarm presents children as Hitler’s willing executioners and categorically refutes the notion of “liberation” (from fascism) as justification for normalizing German national identity. The text questions the entire edifice upon which West and now united Germany’s official memory culture is built. I argue that Elsner not only contests the concept of “historical innocence” but fundamentally refutes the possibility of an innocent historical subject position. Fliegeralarm provocatively casts remembering and childhood innocence as calculated performances that mirror the generational complicity of those born into a legacy of perpetration. It offers a prescient intervention in post-Wende discourses and rethinks childhood innocence along the lines of historical implication, that is, in dialectical tension with knowledge and denial, marked by the traffic between knowing and not knowing.
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Pangaribuan, Aristo. "INNOCENT UNTIL PRESENTED." Jurnal Hukum & Pembangunan 50, no. 2 (September 28, 2020): 344. http://dx.doi.org/10.21143/jhp.vol50.no2.2582.

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This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual is a violation of the fundamental rights of being presumed innocent until found guilty. Two issues will be examined to answer this question: The purported objectives for the practice and the accused’s right to be presumed innocent. The term innocence here is a presumptively innocent and not factually innocent. With that in mind, to some degree, this article realizes it would be permissible to deprive their liberty if it has a higher purpose.
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Erentzen, Caroline, Regina Schuller, and Kimberley Clow. "Advocacy and the Innocent Client." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 1–21. http://dx.doi.org/10.29173/wclawr40.

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Much of our knowledge about wrongful convictions is derived from known exonerations, which typically involve serious violent offences and lengthy sentences. These represent only a small proportion of offences prosecuted in Canada each year, and little is known about how often innocent defendants may be wrongfully convicted of less serious offences. Recent discussions have begun to focus on the problem of false guilty pleas, in which defendants choose to plead guilty to a lesser offence to avoid the time and cost required to defend their innocence. The majority of our knowledge of the factors contributing to wrongful convictions is based on American scholarship, with less empirical research exploring wrongful convictions within the Canadian context. The present research surveyed Canadian criminal defence lawyers about their experiences representing innocent clients, including their perspective on the underlying causes of wrongful convictions in Canada and their recommendations for reform to the criminal justice system. Nearly two-thirds of defence counsel in this study reported that they had represented at least one client who was convicted despite credible claims of innocence. Many reported that they regularly see innocent clients choose to enter a strategic false guilty plea, perceiving no meaningful or realistic alternative. Counsel described a system designed to elicit a guilty plea, with lengthy pre-trial delays, routine denial of bail, inadequate funding of Legal Aid, costly defence options, padded charges, and false evidence ploys. This research expands our knowledge of wrongful convictions in Canada, their hidden prevalence, and systemic problems that increase the likelihood of their occurrence.
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Krieger, Steven A. "Why Our Justice System Convicts Innocent People, and the Challenges Faced by Innocence Projects Trying to Exonerate Them." New Criminal Law Review 14, no. 3 (2011): 333–402. http://dx.doi.org/10.1525/nclr.2011.14.3.333.

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Despite the prominence and success of the over sixty innocence projects in the United States, there is almost no empirical literature discussing how these organizations operate, what resources or factors contribute to their success, and what challenges they must overcome. This article is a foundational step to fill this void. Following a brief introduction, Part I of the article surveys the reasons why innocent individuals get convicted, including: inaccuracy of eyewitnesses, perjured testimony, availability of DNA testing, accuracy of DNA testing and scientific evidence, prosecutorial misconduct, ineffective defense representation, ineffective capital representation, police misconduct: false confessions, and pretrial criminal procedure processes. Part II reviews the institutional development of innocence projects. Part III, based on unprecedented empirical research, analyzes the resources and factors that contribute to an innocence project's success to determine if a relationship exists between particular factors and an increase in exonerations when compared to other innocence projects. The factors discussed are: finances, staff and volunteers, time distribution per task, age of the innocence project, number of cases seriously reviewed, and state characteristics. The results found a "sweet spot" for each characteristic or resource evaluated, which demonstrated two conclusions: (1) a medium level of resources can achieve success equal to or greater than the success of projects with more resources; and (2) increasing the resources beyond the sweet spot did not necessarily correlate to greater success for the particular innocence project. This part also discusses the issues that innocence projects must overcome to free their clients. Part IV provides modest recommendations for improvements—even though the innocence projects have been exceedingly successful despite their lack of resources.
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Bradley, M. T. "Choice and the Detection of Deception." Perceptual and Motor Skills 66, no. 1 (February 1988): 43–48. http://dx.doi.org/10.2466/pms.1988.66.1.43.

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Laboratory simulations of polygraph lie detection typically involve random assignment of subjects to conditions of guilt or innocence. The present study allowed subjects to choose between stealing a larger sum of money or receiving a small sum as pay for being in the experiment. Prior to this choice subjects completed personality scales and estimated the effectiveness of the polygraph. Subjects were informed that, if they were found guilty of stealing, they would forfeit whatever money they had. Were they found innocent, they could keep the amount they had. Even though subjects' views of polygraph accuracy were related to their choice of conditions, detection scores were similar to those of studies in which subjects were randomly assigned to their conditions, that is, most guilty subjects were detected and most classification errors were made with innocent subjects. The various estimates of effectiveness made by guilty and innocent subjects were not related to polygraph accuracy in either of these groups.
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41

Dale, Rick. "Book Review: Henry, J.S., Smoke but No Fire: Convicting the Innocent of Crimes that Never Happened. University of California Press. 2020." Theory in Action 15, no. 3 (July 31, 2022): 79–87. http://dx.doi.org/10.3798/tia.1937-0237.2219.

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There are myriad reasons why innocent people become the target of an investigation then charged and convicted of a crime, and ultimately sentenced to prison. Instances such as these stem from factors that include witness misidentifications, forensic errors, mislabeling of natural and accidental events like crimes, official misconduct resulting in false confessions, and innocents’ acceptance of plea-bargaining deals to circumvent the possibility of a much harsher prison sentence if convicted in a trial setting (Alschuler, 2015; Reichart, 2016; Shaw & Porter, 2015). These reasons are but a few of the mitigating factors that serve to convict the innocent or may even encourage them into accepting the blame for crimes that they did not commit; and at times, being charged with or accepting responsibility for crimes that never existed in the first place (Henry, 2020). In her book, Smoke but No Fire: Convicting the Innocent of Crimes that Never Happened, Jessica S. Henry expounds upon
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42

Porinets, Yurii Yur'evich. "The Innocence in the Novels of Agatha Christie." Филология: научные исследования, no. 8 (August 2022): 33–46. http://dx.doi.org/10.7256/2454-0749.2022.8.38666.

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The author examines the motive of innocence in the detective novels of Agatha Christie. This motive is being analyzed in detail for the first time. The conceptual basis of the research was the works of W. H. Auden, G. K. Chesterton, D. Cavelty, D. Sayers devoted to the genre of detective literature. Using the example of many novels, the article traces the relationship between the motives of guilt, innocence, paradise lost and others. The motive of love is considered as a motive, in many ways the opposite of the motive of guilt. Special attention is paid in the article to the novel "The Trial of Innocence", on the example of which the motive of innocence and its significance in the motivic structure are revealed. Based on numerous examples, the article shows that the search for truth in Agatha Christie's detectives is essentially equivalent to the defense of innocence. The motive of innocence in Agatha Christie's novels is of great importance and is closely related to the motives of guilt, retribution, justice, good and evil, paradise, trust, and personality formation. The article shows that it is the protection of innocent characters (both victims of crime and those unjustly accused) that is the primary task for those who conduct the investigation. This is due to the idea inherent in the detective genre of restoring the original harmony destroyed as a result of the crime.
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McGinn, Laura, Nicole Stone, Roger Ingham, and Andrew Bengry-Howell. "Parental interpretations of “childhood innocence”." Health Education 116, no. 6 (October 3, 2016): 580–94. http://dx.doi.org/10.1108/he-10-2015-0029.

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Purpose Despite general recognition of the benefits of talking openly about sexuality with children, parents encounter and/or create barriers to such communication. One of the key barriers is a desire to protect childhood innocence. The purpose of this paper is to explore parental interpretations of childhood innocence and the influence this has on their reported practices relating to sexuality-relevant communication with young children. Design/methodology/approach In all, 110 UK parents and carers of children aged between four and seven years were involved in focus group discussions. The discussions were transcribed and thematic network analysis was subsequently applied to the data. Following the reading and re-reading of the transcripts for meaning, context and content, individual comments and statements were identified within the data set and grouped to generate themes. Findings Childhood innocence was commonly equated with non-sexuality in children and sexual ignorance. Parents displayed ambiguity around the conceptualisation of non-innocence in children. Parents desire to prolong the state of childhood innocence led them to withhold certain sexual knowledge from their children; however, the majority also desired an open relationship whereby their child could approach them for information. Originality/value UK parents have a strong desire to maintain the social construction of their children as inherently innocent. This discourse is affecting the way in which they communicate about sexually relevant information with their children.
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McQuillan, Martin. "Derrida in Prague: Poussin, Adami, Stoppard and the innocence of deconstruction." Derrida Today 10, no. 2 (November 2017): 197–215. http://dx.doi.org/10.3366/drt.2017.0156.

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This paper attends to the curious affair of Jacques Derrida in Prague when he was arrested by the Czechoslovakian police on charges of drug smuggling. It reads two images by Valerio Adami and Nicolas Poussin, entitled, ‘The Massacre of the Innocents’, Tom Stoppard's play, Professional Foul about dissident philosophers in Prague, and a section from Ken McMullen's film Ghost Dance on Kafka. It turns around the question of what ‘innocence’ might mean in politics and reading.
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Santoso, Slamet, Tofik Yanuar Chandra, and Santrawan Paparang. "Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan." JOURNAL of LEGAL RESEARCH 4, no. 2 (August 11, 2022): 527–36. http://dx.doi.org/10.15408/jlr.v4i2.27605.

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In Indonesia, the criminal justice system consists of numerous steps, including investigation, investigation, prosecution, and trial. The investigative stage consists of a series of measures taken by investigators in accordance with and according to the manner outlined in this statute in order to discover the suspect and collect evidence that clarifies the nature of the criminal act. In addition, the suspect is a person who, based on preliminary information, should be accused of committing a crime because of his behavior or circumstances. The idea of presumption of innocence stipulates that all parties engaged in a criminal case must be presumed innocent until a court determines guilt. This principle must be observed by law enforcement throughout the investigation, prosecution, and court examination processes. This right is guaranteed by Article 8, paragraph 1, of Law No. 48 of 2009 on Judicial Power, which states that any individual who is suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent until a court decision declares his guilt and acquires permanent legal force. Suspects have rights and are protected by the law, despite the fact that they are suspected of committing a crime. This research is normative legal in nature. This study provides input and opinions that law enforcers, in this case Police Investigators, must implement the Presumption of Innocence Principle and defend human rights, since everyone must be deemed innocent prior to a court ruling declaring his guilt and acquiring permanent legal force. In order to expedite the investigative examination process, suspects should submit truthful and uncomplicated information, so that there are no factors that can lead to violence against suspects or abuses of their human rights.
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Hoffmann, Eva. "“Innocent Objects:” Fetishism and Melancholia in Orhan Pamuk’s The Museum of Innocence." Konturen 8 (October 24, 2015): 155. http://dx.doi.org/10.5399/uo/konturen.8.0.3715.

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In this article, I place Orhan Pamuk’s novel The Museum of Innocence into dialogue with Sigmund Freud’s theory of the fetish. As Gerhard Neumann argues, the fetish provides the basic pattern for the modern subject and its experience of self and the world while performing the impossibility of narrating this experience. In a similar vein, the fetishized objects described in the novel and put on display in Pamuk’s actual museum in Istanbul complicate the narrator’s account of a lost love relationship. The fetish objects create an intertwinement of coalescing and contradicting narratives that point to “black melancholia” as a deeply ambiguous feeling in the collective memory of Istanbul and its people.
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Hauck, Nicholas. "“The Rain It Takes to Learn the Limits of the Self”." Journal of Bodies, Sexualities, and Masculinities 2, no. 1 (March 1, 2021): 68–81. http://dx.doi.org/10.3167/jbsm.2021.020106.

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Andrew McMillan’s poetics dissects the physical minutiae of love and desire, enacting ex post facto a sexual and sexualized innocent pleasure. The scenes play out places such as classrooms, trains, locker-rooms, phone booths, and attic bedrooms, and often reference liquids. Tears, sweat, rain, rivers, blood, and sperm are associated with loss and mourning, a wet erotic (childhood) innocence remembered from a dry(er) perspective of experience and awareness of masculinity. In a post-Thatcher neoliberal framework, McMillan explores scenes of masculinity. Playtime is divided into two parts; if these two parts can be provisionally labeled “before” and “after”—a facile distinction between innocence and experience—McMillan’s style and form break down this narrative and open up to fluidity, questioning the possibilities of pleasure (in)formed by neoliberal ideals.
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48

Shapiro, Robert Y. "The Politics of the Death Penalty." Perspectives on Politics 7, no. 4 (December 2009): 923–24. http://dx.doi.org/10.1017/s1537592709991897.

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This is one of the most interesting books I have read on the mass media, public opinion, and policymaking. Capital punishment is an important and compelling issue in its own right, which makes the first part of the book a great read, devoid of technical detail and filled with stunning descriptions of specific cases. Moreover, the rise and staying power of the idea of innocence—that innocent people sit on death row and may be executed—is clear. There continues to be a stream of news stories and commentaries about convicted murderers making plausible appeals for DNA tests that may set them free. While the overturning of murder convictions based in new evidence or faulty defenses preceded the use of DNA testing, this testing became important since it could confirm guilt or prove innocence.
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Eggemeier, Matthew. "Christianity or Nihilism? The Apocalyptic Discourses of Johann Baptist Metz and Friedrich Nietzsche." Horizons 39, no. 1 (2012): 7–26. http://dx.doi.org/10.1017/s0360966900008513.

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ABSTRACTThis paper explores the apocalyptic discourses of Johann Baptist Metz and Friedrich Nietzsche, examining in particular Metz's juxtaposition of Nietzsche's approach to time as eternal recurrence with biblical apocalyptic's approach to time with an end. While framing his criticism of Nietzsche in terms of these differing approaches to time, Metz's opposition focuses on Nietzsche's affirmation of even the most brutal experiences of suffering in the world as mere moments in the innocence of becoming. In contrast to attempts in Western thought to either justify (Leibniz, Hegel) or affirm (Nietzsche) suffering as a necessary byproduct of the creation of the best possible world (Leibniz), historical progress (Hegel), or the innocence of becoming (Nietzsche), Metz retrieves the biblical apocalyptic spirituality of protest, resistance, and political compassion as the authentic response to innocent suffering.
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Allen, David, and Agata Handley. "“Being Human”: Edward Bond’s Theories of Drama." Text Matters, no. 7 (October 16, 2017): 307–29. http://dx.doi.org/10.1515/texmat-2017-0017.

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The playwright Edward Bond has recalled the impact of seeing photographs of Nazi atrocities at the end of World War Two: “It was the ground zero of the human soul.” He argues we need a different kind of drama, based in “a new interpretation of what it means to be human.” He has developed an extensive body of theoretical writings to set alongside his plays. Arguably, his own reflections on “what it means to be human” are based in his reaction to the Holocaust, and his attempt to confront “the totality of evil.”Bond argues we are born “radically innocent.” There is a “pre-psychological” state of being. The neonate does not “read” ideology; it has to use its own imagination to make sense of the world. To enter society, however, the child must be corrupted; its imagination is “ideologized.” Bond claims that “radical innocence” can never wholly be lost. Through drama, we can escape “ideology” and recover our “autonomy.” It leads us to confront extreme situations, and to define for ourselves “what it means to be human.” The terms of Bond’s theory are Manichean (innocent-corrupt, autonomous-ideologized etc.). His arguments are based in the assumption that there is a fundamental “humanity” that exists prior to socialization. In fact, the process of socialization begins at birth. As an account of child development, “radical innocence” does not stand up to close scrutiny. Arguably, however, Bond’s work escapes the confines of his own theory. It can be read, not in terms of the “ideologized” vs. the “autonomous” mind, but rather, in terms of “conscious” and “unconscious.” In Coffee (2000), Bond takes character of Nold on a journey into the Dantean hell of his own unconscious. He does not recover his “innocence,” but, rather, he has to face the darkness of both history and the psyche.
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