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Full-Text Articles in Law
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Warren Court And Criminal Procedure, A. Kenneth Pye
The Warren Court And Criminal Procedure, A. Kenneth Pye
Faculty Scholarship
No abstract provided.
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
Faculty Scholarship
The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …