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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Presuming Innocence

Presuming Innocence

(p.51) 4 Presuming Innocence
Principles and Values in Criminal Law and Criminal Justice

RA Duff

Oxford University Press

This chapter discusses some aspects of the Presumption of Innocence (PoI) — a topic to which Ashworth has returned several times in recent years. It focuses on two questions about the meaning and implications of the PoI in the criminal trial: one concerns its implications for the allocation of persuasive or evidential burdens; the other concerns the meaning of ‘innocence’.

Keywords:   presumption of innocence, criminal trial, persuasive burden, evidential burden, innocence

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