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Taming the Presumption of Innocence$
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Richard L. Lippke

Print publication date: 2016

Print ISBN-13: 9780190469191

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780190469191.001.0001

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The Presumption of Innocence Postpunishment

The Presumption of Innocence Postpunishment

Chapter:
(p.213) Chapter 9 The Presumption of Innocence Postpunishment
Source:
Taming the Presumption of Innocence
Author(s):

Richard L. Lippke

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190469191.003.0010

Once individuals convicted of crimes fully serve their sentences, are they to be presumed innocent again, and for what purposes? Chapter 9 focuses on our treatment of ex-offenders. The discussion is split into two parts. The first examines whether collateral consequences should be treated as mere adjuncts to legal punishment, not inherent parts of it. This chapter proposes that the restrictions and legal disabilities imposed on ex-offenders should be counted as integral aspects of their official sanctions. They should be assigned prospectively by sentencing judges, not added on after offenders have served their sentences. . The second part of the chapter examines collateral consequences through the lens of the presumption of innocence. This chapter argues that they should be understood as unjustified infringements of the rights of full and equal citizenship, to which those who have completed their sentences are, once again, entitled.

Keywords:   collateral consequence, presumption of innocence, proportionality, risk, equal citizenship

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