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Journal articles on the topic 'The presumption of innocence'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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1

Giezek, Jacek. "Fakty oraz ich ocena jako przedmiot materialnoprawnych domniemań w procesie karnym." Przegląd Prawa i Administracji 114 (August 10, 2018): 77–94. http://dx.doi.org/10.19195/0137-1134.114.4.

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FACTS AND THEIR ASSESSMENT AS THE SUBJECT OF THE SUBSTANTIVE PRESUMPTION IN THE CRIMINAL TRIALThe fundamental problem of the article can be expressed in two sequentially asked questions, namely — firstly — whether the subject of substantive presumption may be not only facts, but also assessments formulated on their basis, and — secondly — whether in the case of limiting the essence of presumptions exclusively to facts, it would be possible to include into the presumptions these elements of the dogmatic structure of crime, the occurrence of which requires, first and foremost, a series of normative assessments based on normative criteria. It is diffi cult to imagine a situation in which a subject reconstructing reality would make the subject of presumption, and therefore only “guess” that he values its elements. It would have to mean that the court must use a presumption to assess whether the realization of the signs of a prohibited act was socially harmful, unlawful and culpable. A constitutional principle of the presumption of innocence, according to which the accused should be regarded as innocent until his guilt is proved and confi rmed by a valid sentence, does not authorize to conclude that the evidence emerging from successively collected evidence indicates innocence, but it only means that before the fi nal termination of the proceedings, there is no factual and legal basis for verifying the fault and bringing to criminal responsibility.

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2

Bodlović, Petar. "Presumptions, and How They Relate to Arguments from Ignorance." Argumentation 33, no. 4 (September 11, 2019): 579–604. http://dx.doi.org/10.1007/s10503-019-09498-8.

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Abstract By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher (negative) standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance.

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3

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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4

Scurich, Nicholas, and Richard S. John. "Jurors’ Presumption of Innocence." Journal of Legal Studies 46, no. 1 (January 2017): 187–206. http://dx.doi.org/10.1086/690450.

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5

Mackor, Anne Ruth, and Vincent Geeraets. "The Presumption of Innocence." Netherlands Journal of Legal Philosophy 42, no. 3 (November 2013): 167–69. http://dx.doi.org/10.5553/njlp/221307132013042003001.

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6

Nenadić, Svetlana. "The presumption of innocence in EU law: One step forward, two steps backwards." Crimen 12, no. 1 (2021): 38–52. http://dx.doi.org/10.5937/crimen2101038n.

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The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive on certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The second part of the paper analyzes the case law of the Court of Justice EU in the application of the Directive with special reference to the presumption of innocence standards of the European Court of Human Rights. The paper points out the minimalistic orientation of the CJEU regarding the presumption of innocence, which in some elements lowers the standards of protection offered by ECtHR. Low standards threaten to produce a domino effect on the criminal courts in EU member states, which could create a risk to the presumption of innocence as a guarantee of the legitimacy of criminal proceedings.

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7

Lipiński, Konrad. "Zasada domniemania niewinności — próba spojrzenia materialnoprawnego." Nowa Kodyfikacja Prawa Karnego 41 (October 19, 2017): 55–71. http://dx.doi.org/10.19195/2084-5065.41.4.

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The perspective of substantial criminal law on presumption of innocenceThe article concerns the relationship between presumption of innocence and elements of the dogmatic structure of crime, particularly guilt. It appears that the presumption of innocence has nothing to do with guilt conceived as personalized blame, and it is doubtful to what extent — if at all — it extends to other elements of criminal act. The presumption of innocence seems to be domain of facts, not necessarily law.

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8

Quattrocolo, Serena. "Forecasting the future while investigating the past. The use of computational models in pre-trial detention decisions." Revista Brasileira de Direito Processual Penal 7, no. 3 (October 31, 2021): 1859. http://dx.doi.org/10.22197/rbdpp.v7i3.633.

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The paper focuses on the traditional purpose of pre-trial detention (and other precautionary measures) to prevent specific risks. While liberty is the rule, before conviction, pre-trial detention is an absolute exception, competing with the opposite principle of the presumption of innocence: providing valuable and accurate justification for balancing the interest to prevent risk with the presumption of innocence is an overarching difficulty for judges, in the whole western world. Which the solutions? The paper reflects and compares the traditional solution of legal presumptions with the newer trend of actuarial assessment tools, based on psycho-criminological theories, based on the Italian and the uS federal systems.

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9

Scurich, Nicholas, Kenneth D. Nguyen, and Richard S. John. "Quantifying the presumption of innocence." Law, Probability and Risk 15, no. 1 (November 16, 2015): 71–86. http://dx.doi.org/10.1093/lpr/mgv016.

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10

Obidzinski, Marie, and Yves Oytana. "Presumption of Innocence and Deterrence." Journal of Institutional and Theoretical Economics 176, no. 2 (2020): 377. http://dx.doi.org/10.1628/jite-2020-0025.

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11

London, Jeffrey M. "Book Review: Presumption of Innocence." International Criminal Justice Review 13, no. 1 (May 2003): 227–28. http://dx.doi.org/10.1177/105756770301300139.

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12

Cacho, Lisa Marie. "The Presumption of White Innocence." American Quarterly 66, no. 4 (2014): 1085–90. http://dx.doi.org/10.1353/aq.2014.0078.

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13

Gray, Anthony. "Presumption of innocence in peril." Alternative Law Journal 42, no. 2 (June 2017): 96–101. http://dx.doi.org/10.1177/1037969x17710613.

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This article discusses statutory incursions on the presumption of innocence, using existing drugs offence provisions in the Commonwealth Criminal Code as an example. It argues such laws are problematic because they allow a person to be convicted despite the existence of reasonable doubt as to their guilt, and that through use of the Chapter III concept of ‘institutional integrity’, such laws may be open to constitutional challenge. By permitting a court to preside over a trial where an accused may be convicted despite the existence of reasonable doubt, the court’s institutional integrity is undermined.

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14

Tadros, Victor. "Rethinking the presumption of innocence." Criminal Law and Philosophy 1, no. 2 (November 15, 2006): 193–213. http://dx.doi.org/10.1007/s11572-006-9016-8.

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15

Campbell, Liz, James Chalmers, and Antony Duff. "Preface: The Presumption of Innocence." Criminal Law and Philosophy 8, no. 2 (February 25, 2014): 283–84. http://dx.doi.org/10.1007/s11572-014-9300-y.

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16

Wulandari, Oktavia, Ali Imron, Briliyan Ernawati, and Nazar Nurdin. "Presumption of Innocence Against Criminal Offenders in the Police: A Critical Study." Walisongo Law Review (Walrev) 2, no. 1 (April 30, 2020): 17. http://dx.doi.org/10.21580/walrev.2020.2.1.5506.

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<p>The purpose of this paper is to conduct a critical study of the application of the presumption of innocence to the perpetrators of criminal acts (suspects) investigated by the police. Implementation of the principle is important to study because the suspect must not be considered guilty before the criminal act is proven. A review of this case was carried out at the Kendal Police Department in mid-2019-2020. Writing texts are written with a normative-empirical approach. The non-doctrinal approach was chosen because it can clearly examine the application of the principle of presumption of innocence in more depth. Therefore, the author considers it necessary to carefully examine the application of these principles in the process of law enforcement at the police level. The results showed that the application of the principle of presumption of innocence in the Kendal Police Department was not optimal, because some of its applications were colored by threats and acts of violence. The suboptimal application of this principle is influenced by various factors, including the lack of legal knowledge of suspects and threats and acts of violence that are not reported. As we know the presumption of innocence is a fundamental principle in the criminal justice system, where a person must be positioned innocent before his guilt is proven in an honest and open trial.</p>

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17

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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18

Khalid, Nasirullah. "Presumption of Innocence in the Islamic Law." Volume-3: Issue- 1 (January) 3, no. 1 (January 14, 2021): 11–16. http://dx.doi.org/10.36099/ajahss.3.1.2.

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The principle of the Presumption of Innocence is one of the main principles of all modern legal systems. It is also an important right of the accused mentioned in the human rights documents. The principle simply means that an accused considered innocent until proved guilty by a competent court. Using the descriptive-analytical method, this article studies this principle from the Islamic Law perspective exploring its meaning, basis, and exceptions. The article finds that Islamic law recognizes this principle in its highest sources, That are the Holy Quran and Hadith (sayings and actions of the Holy Prophet Mohammad). The Prophet Mohammad (PBUH) himself and so Muslim jurist applied this principle in both civil and criminal cases. Furthermore, the article identifies two main exceptions of the Presumption of Innocence in Islamic law that are: transferring burden of proof from the plaintiff to the accused when there are reasonable doubts against him/her such as strangely enrichment of a public servant after employment and the second exception is the precautionary imprisonment; however the Muslim jurist have different views regarding the application of the precautionary imprisonment which shows their doubts towards this measure specially when there are not enough proofs.

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19

Shishkov, S. N., S. V. Polubinskaya, and N. V. Skibina. "Presumption of mental health, presumption of innocence and presumption of legal sanity." Russian Journal of Psychiatry, no. 4 (2021): 4–12. http://dx.doi.org/10.47877/1560-957x-2021-10401.

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20

Ardiansyah, Rezza, Eddy Rifa’i, and Nikmah Rosidah. "Law Enforcement towards Money Laundering Prepertrators Reviewed From the Presumption of Innocence." Corruptio 2, no. 1 (May 3, 2021): 23–32. http://dx.doi.org/10.25041/corruptio.v2i1.2258.

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Law enforcement against perpetrators of money laundering crimes has recently become a separate polemic for many law enforcers who have problems, especially about the confiscation of assets suspected of being the result of money laundering, not guided by the presumption of innocence. This writing problem is how law enforcement is against money laundering perpetrators based on the presumption of innocence and how law enforcers should confiscate assets resulting from money laundering based on the presumption of innocence. Penelitian ini menggunakan pendekatan Yuridis Normatif dan Empiris. Normative research is carried out on theoretical matters in legal principles, while the empirical approach is carried out to study the law that occurs in the field. The results showed that law enforcement against money laundering perpetrators who have money laundering proceeds based on the presumption of innocence is carried out by law enforcement through confiscation. The confiscation process does not violate the principle of presumption of innocence because this is a security measure so that the suspected items do not move and transfer to a third party until the trial process is completed and has permanent legal force. Law enforcers should take action in confiscating the assets of money laundering proceeds based on the presumption of innocence must be proportional and prioritize the principles of prudence and prudence as long as it does not violate human rights and is carried out objectively by looking at whether the assets have anything to do with money laundering.

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21

Coleman, Michelle. "The Tension between the Presumption of Innocence and Victims’ Participation Rights at the International Criminal Court." International Criminal Law Review 20, no. 2 (April 23, 2020): 371–93. http://dx.doi.org/10.1163/15718123-01906004.

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This article explores where participation rights of victims and the presumption of innocence come into conflict within the context of the International Criminal Court (icc) and whether this causes either set of rights to be violated. First it discusses the development of the right to the presumption of innocence at the icc and explains victims’ participation rights. Next it outlines how conflict between these two rights should be resolved. The article then examines three areas in which there is tension between victims’ participation and the presumption of innocence. These areas are: calling victims ‘victims’; evidence submission; and participation by questioning witnesses. Finally, the article concludes that the rights of victims and the accused can come into conflict and that in order to ensure that the right to the presumption of innocence is protected, and to provide victims with a meaningful right to participation, victims’ rights must be more clearly defined.

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22

Golikov, K. N. "Presumption of Innocence in Criminal Proceedings." RUSSIAN JUSTICE 1 (December 2017): 91–98. http://dx.doi.org/10.17238/issn2072-909x.2018.1.91-98.

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23

Blau, C. Anthony. "Erythropoietin in Cancer: Presumption of Innocence?" Stem Cells 25, no. 8 (August 2007): 2094–97. http://dx.doi.org/10.1634/stemcells.2007-0229.

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24

Scheer, Heleen. "Publicity and the Presumption of Innocence." Cambridge Law Journal 52, no. 1 (March 1993): 37–39. http://dx.doi.org/10.1017/s0008197300017207.

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25

Gray, Anthony Davidson. "The Presumption of Innocence Under Attack." New Criminal Law Review 20, no. 4 (2017): 569–615. http://dx.doi.org/10.1525/nclr.2017.20.4.569.

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This Article documents the increasing range of instances in which the presumption of innocence has been abrogated by legislation. Legislatures are responding to fears around terrorism and general community anxiety about law and order issues by increasing resort to reverse onus provisions. While the right of the legislature to enact laws thought to further public safety is acknowledged, the presumption of innocence is a long-standing, fundamental due process right. This Article specifically considers the extent to which reverse onus provisions are constitutionally valid in a range of jurisdictions considered comparable. It finds that the approach in use in some jurisdictions studied, testing the constitutionality of reverse onus provisions on the basis of whether they practically permit an accused to be found guilty although there is reasonable doubt about their guilt, has much to commend it. However, this is part-solution only, since legislatures may then be driven to redefine crimes to seek to effectively cast the burden of proof onto an accused by redefining what is in substance an element of a defense. Thus, it favors a substantive approach to determining what the prosecutor must show to obtain a conviction, utilizing concepts such as moral blameworthiness and actus reus/mens rea.

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26

Shiner, Roger A. "Corporations and the Presumption of Innocence." Criminal Law and Philosophy 8, no. 2 (December 18, 2013): 485–503. http://dx.doi.org/10.1007/s11572-013-9287-9.

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27

Borzunova, N. Yu, K. L. Maksimova, and A. M. Tsechoev. "The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation." Sociology and Law, no. 4 (December 31, 2020): 86–91. http://dx.doi.org/10.35854/2219-6242-2020-4-86-91.

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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.

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28

Borzunova, N. Yu, K. L. Maksimova, and A. M. Tsechoev. "The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation." Sociology and Law, no. 4 (December 31, 2020): 86–91. http://dx.doi.org/10.35854/2219-6242-2020-4-86-91.

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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.

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29

Tuyiyevich, Mavlanov Kamoliddin. "Ensuring The Presumption Of Innocence By Respecting The Suspect’s Rights." American Journal of Political Science Law and Criminology 03, no. 01 (January 23, 2021): 30–36. http://dx.doi.org/10.37547/tajpslc/volume03issue01-05.

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The article studies into reassessment of the status of a suspect and his rights in criminal process, provision of the rights of suspects in developed countries, the presumption of innocence and its importance in ensuring rights and legal interests of suspect.

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30

Sokurenko, V. V. "Police Officers’ Presumption of Innocence: History, Contemporaneousness and Possibility to Implement into Ukrainian Legislation." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 162–69. http://dx.doi.org/10.32631/v.2021.3.14.

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The article is focused on the analysis of the legal category of police officers’ presumption of innocence. Accordingly, the purpose of the research is to provide comprehensive characteristics of police officers’ presumption of innocence, taking into account international practice of its formation and development. To achieve this purpose, the author has formulated the following tasks: 1) study of the historical aspect of the origin and formation of police officers’ presumption of innocence, including within the qualification immunity of police officers; 2) analysis of the practice of applying qualification immunity in the United States of America; 3) objective reveal of the content and essence of police officers’ presumption of innocence; 4) outlining the possibilities of introducing the police officers’ presumption of innocence into the legislation of Ukraine. The expediency of introducing police officers’ qualification immunity (police officers’ presumption of innocence) is based on a number of arguments, in particular: police officers need qualification immunity to perform their professional duties: they perform important tasks that may require immediate decisions in stressful situations, but lack of qualification immunity may lead that police officers do not dare to act when it is most needed; lack of qualification immunity can lead to unjustified police trials, when judges and jurors can review decisions, may lead to significant budget expenditures; police officers do not have absolute immunity and can be prosecuted for violating clearly established constitutional rights, despite the perspective of the availability of qualification immunity; police officers should not be forced to apply “abstract law”, i.e. those provisions that are not explicitly provided in the current legislation, but follow from its provisions, to specific circumstances, we cannot expect from police officers to be scholars in law sphere and use legal arguments during the arrest; police officers should be able to act professionally without worrying about prosecution.

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31

Sirotkina, Mariia. "Exemption of person from criminal liability and correlation with the principle of presumption of innocence." Legal Ukraine, no. 8 (October 2, 2020): 44–50. http://dx.doi.org/10.37749/2308-9636-2020-8(212)-5.

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This article examines the institution of exemption from criminal liability as an alternative to criminal prosecution and correlation with the principle of presumption of innocence on the basis of current criminal procedure legislation, scientific researches and judicial practice (case law). It is established that the initial position of scholars, who adhere to the opinion of contradiction of the institution of exemption from criminal liability with the principle of presumption of innocence, is that, in itself, the fact of exemption from criminal liability indicates a guilty plea and requires sentencing in accordance with Part 1 of the Article 62 of the Constitution of Ukraine. It was found out that reference of some scholars to commitment of a crime by a person is possible only due to availability of guilty verdict, not a court ruling. Because, there are many norms in legislation which may restrict certain citizens’ rights on the basis of ceasing a criminal case under «non-rehabilitative» circumstances. Other ones propose to abandon the institution of exemption from criminal liability in general and advocate expanding the scope of the institution of release from punishment, improving other means of criminal law regulation of the crime which is established by a guilty verdict of a court. It is being proved that the principle of presumption of innocence while exempting from criminal liability is not restricted: the prescriptions of presumption of innocence should be assessed, firstly, as not included into the mechanism of criminal liability, and secondly – as criminal law measures which are an alternative to punishment. Exemption of a person from criminal liability remains to be an effective means to resolve a criminal law dispute in cases prescribed by law. A person who has committed a criminally punishable act is, in no way, limited in their rights, much less in the right to implement the principle of the presumption of innocence. Key words: alternative, liability, exemption (release), punishment, presumption of innocence.

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32

Nobel, Artem R. "Presumption of Innocence as a Principle of Administrative Offense Proceedings." Administrative law and procedure 1 (January 21, 2021): 30–34. http://dx.doi.org/10.18572/2071-1166-2021-1-30-34.

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The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

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33

Ashworth, Andrew. "Four Threats to the Presumption of Innocence." International Journal of Evidence & Proof 10, no. 4 (July 2006): 241–79. http://dx.doi.org/10.1350/ijep.10.4.241.

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34

Weigend, Thomas. "There is Only One Presumption of Innocence." Netherlands Journal of Legal Philosophy 42, no. 3 (November 2013): 193–204. http://dx.doi.org/10.5553/njlp/221307132013042003003.

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35

Lippke, Richard L. "The Prosecutor and the Presumption of Innocence." Criminal Law and Philosophy 8, no. 2 (March 1, 2013): 337–52. http://dx.doi.org/10.1007/s11572-013-9208-y.

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36

Tadros, Victor. "The Ideal of the Presumption of Innocence." Criminal Law and Philosophy 8, no. 2 (September 5, 2013): 449–67. http://dx.doi.org/10.1007/s11572-013-9253-6.

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37

Ferzan, Kimberly Kessler. "Preventive Justice and the Presumption of Innocence." Criminal Law and Philosophy 8, no. 2 (November 21, 2013): 505–25. http://dx.doi.org/10.1007/s11572-013-9275-0.

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38

Djokovic, Lazar. "The media victimisation of the defendant through the violation of the presumption of innocence." Temida 23, no. 2 (2020): 271–91. http://dx.doi.org/10.2298/tem2002271d.

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The paper analyses the theoretical concept and legal framework of the presumption of innocence and the significance of the consequences of its violation by the media in Serbia, which leads to the victimization of the accused. An analysis of examples of reporting of selected electronic media is presented, in which the way the media violates the presumption of innocence is indicated. In order to draw the attention of the professional and general public to the consequences of unethical media reporting on crime, it is pointed out that they are reflected in the impossibility of proper development of the defendant?s personality, stigmatization as a direct consequence of media treatment to which he was exposed, and degradation of the right to privacy. The author concludes that it is necessary to work on raising public awareness of the unforeseeable harmful consequences for the personality of all those who are associated with a criminal event in the media and to more legally regulate the ban on violating the presumption of innocence by the media, and achieve a balance between the presumption of innocence, as a part of the corpus of the defendant?s rights, and the right of the public to be informed on time of the state of crime.

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39

Veselov, Mykola, Olena Bulhakova, and Daria Volkova. "CONTENT AND FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN THE FIELD OF JUVENILE JUSTICE." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 9–18. http://dx.doi.org/10.32366/2709-9261-2021-1-1-9-18.

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Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.

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Dryer, Mary. "Guilty Until Proven Innocent: The Abuse of Pretrial Detention in America." Pitt Political Review 12, no. 1 (October 24, 2017): 49–54. http://dx.doi.org/10.5195/ppr.2017.96.

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Although few principles of law are as widely lauded and universally accepted as the presumption of innocence, this principle is violated daily by a practice that has become standard in our justice system, exceptional only in how unexceptional it seems. Pretrial detention—the practice of holding a defendant in custody before trial while he or she is still entitled to the presumption of innocence—is, in its current status, a clear contradiction of this principle and a staple of the American legal system.

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Utami, Aulia Wisi Putri. "The Presumption of Innocentness in the Perspective of Human Rights (Case Study of Persecution of Tempo Journalist Nurhadi)." UMPurwokerto Law Review 3, no. 1 (April 4, 2022): 8. http://dx.doi.org/10.30595/umplr.v3i1.10349.

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AbstractThe press is all mass communication media that transmit thoughts in written and spoken words made by journalists/journalists. Article 8 of Law no. 40 of 1999 concerning the Press and the Journalistic Code of Ethics for Indonesian journalists states that press freedom is guaranteed as a human right of citizens. Journalists in carrying out their profession are recorded in the law. That in carrying out their profession, journalists get legal protection. However, in reality, violence by investigators against journalists still occurred in May 2021, when journalists were interrogated with physical violence by investigators.In contrast, positive Indonesian law states that the presumption of innocence has been formulated in several other laws and regulations. This principle can serve as a guide for carrying out investigations by reasonable procedures. This issue is about the principle of presumption of innocence in Indonesia and how the presumption of innocence from a human rights perspective is in the case of persecution of journalist Nurhadi by the Police. The research method used is a normative juridical research method to obtain results regarding the Regulation of the presumption of innocence in detail in Indonesia and an understanding of the principle of the presumption of innocence as an embodiment of human rights that protect the overall dignity and worth that must uphold.Keywords: Principles of Presumption of Guilt, Human Rights, Law AbstrakPers adalah semua media mass communi cations yang memancarkan fikiran baik dengan kata-kata tertulis maupun dengan kata-kata lisan yang dibuat oleh wartawan/jurnalistik. Pasal 8 Undang-Undang No. 40 Tahun 1999 tentang Pers dan Kode Etik Jurnalistik wartawan Indonesia, mengatakan bahwa kemerdekaan pers dijamin sebagai hak asasi warga negara. Wartawan dalam menjalankan profesi yaitu tercatat di undang-undang bahwa dalam melaksanakan profesinya wartawan mendapatkan perlindungan hukum. Namun kenyataannya kekerasaan oleh penyidik kepada wartawan masih terjadi pada Mei 2021 saat wartawan di introgasi dengan kekerasan fisik oleh penyidik. Padahal hukum positif Indonesia menyatakan bahwa asas praduga tidak bersalah (presumption of innocence) telah dirumuskan dalam beberapa undang-undang dan peraturan lainnya, dimana asas tersebut dapat menjadi tuntunan untuk menjalankan penyidikan sesuai dengan prosedur yang baik. Sesuai dengan hal tersebut, maka timbulah sebuah masalah mengenai bagaimana pengaturan asas praduga tidak bersalah di Indonesia, dan bagaimana asas praduga tidak bersalah dalam perspektif hak asasi manusia pada kasus penganiayaan wartawan Nurhadi oleh oknum kepolisian. Metode penelitian yang digunakan adalah metode penelitian yuridis normatif untuk memperoleh hasil mengenai pengaturan asas praduga tidak bersalah secara rinci di Indonesia dan pemahaman asas praduga tak bersalah merupakan perwujudan hak asasi manusia yang memberikan perlindungan terhadap keseluruhan harkat dan martabat yang wajib dijunjung tinggi.Kata Kunci : Asas Praduga Tidak Bersalah, Hak Asasi Manusia, Undang-Undang

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Romadhan, Moh Lubsi Tuqo, Nur Khotimah, Shinta Widhaningroem, and Tekun Ibadata. "Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality." Musamus Law Review 4, no. 1 (October 31, 2021): 33–40. http://dx.doi.org/10.35724/mularev.v4i1.3794.

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The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.

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Jong, Ferry de, and Leonie van Lent. "The Presumption of Innocence as a Counterfactual Principle." Utrecht Law Review 12, no. 1 (January 30, 2016): 32. http://dx.doi.org/10.18352/ulr.324.

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VAN SLIEDREGT, Elies. "A contemporary reflection on the presumption of innocence." Revue internationale de droit pénal 80, no. 1 (2009): 247. http://dx.doi.org/10.3917/ridp.801.0247.

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Friedman, Richard D. "A Presumption of Innocence, Not of Even Odds." Stanford Law Review 52, no. 4 (April 2000): 873. http://dx.doi.org/10.2307/1229432.

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Kim, Mi-Ra. "Remand in Custody and the Presumption of Innocence." Institute for Legal Studies Chonnam National University 39, no. 3 (August 30, 2019): 169–86. http://dx.doi.org/10.38133/cnulawreview.2019.39.3.169.

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Shehu, Lola. "The Historical Meaning of the Presumption of Innocence." European Journal of Multidisciplinary Studies 7, no. 2 (March 2, 2018): 171. http://dx.doi.org/10.26417/ejms.v7i2.p171-171.

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Serebryakova, T. Yu. "On the presumption of innocence in tax relations." International Accounting 21, no. 12 (December 14, 2018): 1465–76. http://dx.doi.org/10.24891/ia.21.12.1465.

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Chin, Gabriel. "A Hard Look at the Presumption of Innocence." Criminal Justice Ethics 37, no. 2 (May 4, 2018): 182–88. http://dx.doi.org/10.1080/0731129x.2018.1498662.

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Lippke, Richard L. "The Presumption of Innocence in the Trial Setting." Ratio Juris 28, no. 2 (May 22, 2015): 159–79. http://dx.doi.org/10.1111/raju.12074.

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