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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Presumption of Innocence - Evidential and Human Rights Perspectives (Hardcover)
Loot Price: R3,298
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The Presumption of Innocence - Evidential and Human Rights Perspectives (Hardcover)
Series: Criminal Law Library
Expected to ship within 12 - 17 working days
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The presumption of innocence is universally recognized as a
fundamental human right and a core principle in the administration
of criminal justice. Nonetheless, statutes creating criminal
offences regularly depart from the presumption of innocence by
requiring defendants to prove specific matters in order to avoid
conviction. Legislatures and courts seek to justify this departure
by asserting that the reversal of the burden of proof is necessary
to meet the community interest in prosecuting serious crime and
maintaining workable criminal sanctions. This book investigates the
supposed justifications for limitation of the presumption of
innocence. It does so through a comprehensive analysis of the
history, rationale and scope of the presumption of innocence. It is
argued that the values underlying the presumption of innocence are
of such fundamental importance to individual liberty that they
cannot be sacrificed on the altar of community interest. In
particular, it is argued that a test of 'proportionality', which
seeks to weigh individual rights against the community interest, is
inappropriate in the context of the presumption of innocence and
that courts ought instead to focus on whether an impugned measure
threatens the values which the presumption is designed to protect.
The book undertakes a complete and systematic review of the United
Kingdom and Strasbourg authority on the presumption of innocence.
It also draws upon extensive references to comparative material,
both judicial and academic, from the United States, Canada and
South Africa.
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