presumption of innocence

• Discovering child pornography: the death of the presumption of innocence.

INTRODUCTION Child pornography cases, by their very nature, create a tension between protecting the child-victim's natural innocence and preserving ...

• Ave Maria Law Review
• Vol. 6 Nbr. 2, March 2008

• Kilpatrick Entitled to Presumption of Innocence

It's one thing for the council to be upset that the mayor may have persuaded them to approve an $8.4 million settlement of a police whistleblower lawsuit without disclosing a confidentiality agreement he worked out with the plaintiffs. That agreement was allegedly intended to keep hidden text messages exposing the affair between Mayor [Kwame M. Kilpatrick] and Ms. [Christine Beatty]. It is understandable that the council is concerned that the city is showing advanced signs of paralysis as a result of the scandal. But even if the resolution had passed, there appears to be no mechanism for the City Council to remove the mayor from office. And it's highly unlikely that Gov. Jennifer M. Granholm will intervene to do so based on the available information. Moreover, council members who refuse...

• Michigan Chronicle
• August 25, 2009

• The Commerce Power and Criminal Punishment: Presumption of Constitutionality or Presumption of Innocence?

The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. The conflict between legislative findings and the constitutional requirements for criminal prosecutions is ignored in the vast literature on the commerce power, which focuses overwhelmingly on whether Congress can reach certain activities but pays scant attention to how Congress legislates. As this article demonstrates, findings-based statutes generate unique costs in criminal prosecutions by depriving defendants of procedural protections designed to make it harder for the government to send an individual to jail than to regulate her conduct by civil means. Given the considerable costs of findings-based criminal prohibitions and the absence of any coun...

• Texas Law Review
• Vol. 84 Nbr. 5, April 2006

• Name Suppression And Presumption Of Innocence.

In its report Delivering Justice for All - A Vision for New Zealand Courts and Tribunals (NZLC R85, Wgtn.,.2004) the Law Commission addresses the issu...

• Mondaq Business Briefing
• Nbr. 2007, January 2007

• Presumption of innocence -- Securing accused persons

• Rhode Island Constitution

• Presumption of Innocence

A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to pr...

• West's Encyclopedia of American Law
• Po–San

• State v. McDonald, (Ohio 2011)

PLEA; CRIM.R. 11(C) DOES NOT REQUIRE ADVISEMENT THAT A DEFENDANT ENJOYS A PRESUMPTION OF INNOCENCE OR THAT A DEFENDANT HAS THE RIGHT TO BENCH TRIAL; RESTITUTION MUST BEAR A REASONABLE RELATIONSHIP TO THE ACTUAL LOSS SUFFERED BY THE VICTIM AS A RESULT OF THE OFFENSE FOR WHICH A DEFENDANT IS CONVICTED.

• Ohio Supreme Court

• Soundoff: Presumption of Innocence

We say innocent before guilty but, nowadays, I don't know about people. Bob West Haven

• New Haven Register
• March 17, 2010

• The right of silence, the presumption of innocence, the burden of proof, and a modest proposal: a reply to O'Reilly.

It is inappropriate to use US law to criticize the UK for changing the inference that may be drawn from exercise of criminal defendants' "right to silence" because the UK does not operate under the Fifth Amendment, but it may be appropriate to question US adherence to the privilege. The US may wish to consider an alternative that would promote the exculpatory statements by defendants without eroding the privilege against self-incrimination. The burden of production, but not the burden of proof, could be shifted to the defense after a prima facie case is made by the prosecution.

• Journal of Criminal Law and Criminology
• Vol. 86 Nbr. 2, January 1996

• A presumption of innocence, not of even odds.

Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use ...

• Stanford Law Review
• Vol. 52 Nbr. 4, April 2000