• Presumption Of Innocence In Peril

Presumption Of Innocence In Peril

Presumption Of Innocence In Peril

( from 245 reviews )
  • Author
    Anthony Gray
  • Publisher
    Lexington Books
  • Publication date
    08 November 2017

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Book Description

This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

Book Detail

  • Book Title

    Presumption Of Innocence In Peril

  • Author

    Anthony Gray

  • Date Published

    08 November 2017

  • Publisher

    Lexington Books

  • Pages

    208 pages

  • ISBN

    9781498554114

Book Reviews

  • User294785

    4.5 starsThanks to EUROBOOK and my winning this book, I was able to get an advanced look into Anthony Gray's newest book Presumption Of Innocence In Peril. Having been very much spooked by his Presumption Of Innocence In Peril, I was quite happy to once again enter the world of "spookdom" and read this story. Teenagers are quite impressionable. They often believe a lot of things and try to grab onto concepts and ideas that at times seems quite out of the norm. They often make ready partners, easily led, and make decisions that oftenti.

  • User392855

    A short but w lovely book for fans of both authors, but also a lot of insight into freedom of speach, creativity and the importance of libraries. Some words to take to heart, some words to live by, some words to get (more) liberated in the pursuit of artistic endeavours. Definitely a good thing to read. You don't know it yet, but it's likely you need this book.

  • User345211

    I'm pretty sure Anthony Gray books just exist to capture and devour your entire SOUL AND IMAGINATION. I just went on such a wild adventure omg, I feel actually drained. Like this duology has totally filled my creative well. I am heart eyes and my heart so so full and !!!! my emotions are just !!! which is exactly how a professionally reviewer would summarise a book.

  • User95812

    I know a lot of us were expecting Presumption Of Innocence In Peril to be good, but I have to say, this book actually exceeded my expectations. I have a lump in my throat and I can't stop thinking about it. I usually spend time making detailed notes while reading a book but, at one point, I opened Notes on my computer just to type "oh fucking god, this is so good".

  • User192812

    DANG THIS BOOK IS GOOD. Full review coming, just need to collect my thoughts. I LOVED this - absolutely worth adding to your summer TBR!!.

  • Mary

    not going to lie, i'm feeling PRETTY special for receiving an advance copy of this(okay yes i haven't read Presumption Of Innocence In Peril but still)

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