Presumption Of Innocence Research Articles

Truth or doubt: questioning legal outcomes in true-crime documentaries

ABSTRACT Within the last decade, true crime stories have increasingly concerned cases of possible wrongful conviction. Many of these podcasts and documentary series about wrongful conviction look at specific and known factors that contribute to the bad outcomes, and, in different ways, champion the defendants whose cases they explore. This paper looks beyond the contributing factors of wrongful conviction to consider the way truth becomes problematized within the context of the law and the trial. It examines four series (Serial, Atlanta Monster, The Staircase, and Making a Murderer) and the ways the knowability of truth is framed in journalistic and legal discourse, focusing on how knowability itself is questioned in some series; how journalistic bias can compromise truth claims; how the presumption of innocence and reasonable doubt are key to framing truth and innocence; and how Alford pleas offer an unsatisfying way of compromising legal truths. Taken together, we see that series-makers challenge legal outcomes and critique injustices by destabilizing notions of truth.

Pioglitazone, Bladder Cancer, and the Presumption of Innocence

Thiazolidinediones are potent exogenous agonists of PPAR-γ that augment the effects of insulin to its cellular targets, mainly at the level of adipose tissue. Pioglitazone, the main thiazolidinedione in clinical practice, has shown cardiovascular and renal benefits in patients with type 2 diabetes, durable reduction of glycated hemoglobulin levels, important improvements of several components of the metabolic syndrome, and beneficial effects of non-alcoholic fatty liver disease. Despite all of its established advantages, the controversy for an increased risk of developing bladder cancer, combined with the advent of newer drug classes that achieved major cardiorenal effects, have significantly limited its use spreading a persistent shadow of doubt for its future role. Pubmed, Google, and Scope databases have been thoroughly searched, and relevant studies were selected. This paper thoroughly explores both in vitro and in vivo (animal models and humans) studies that investigated the possible association of pioglitazone with bladder cancer. Currently, the association of pioglitazone with bladder cancer cannot be based on solid evidence. This evidence cannot justify its low clinical administration, especially in the present era of individualised treatment strategies. Definite clarification of this issue is imperative and urgently anticipated from future high quality and rigorous pharmacoepidemiologic research, keeping in mind its unique mechanism of action and its significant pleiotropic effects.

“BERÂET-İ ZİMMET ASILDIR” KAİDESİNİN TEMELLERİ, KAPSAMI VE EVRENSELLİĞİ

Öz İslam dininin esasları genel olarak iman, amel, ahlak kısımlarına ayrılmıştır. Amel, fıkhın kapsamında ele alınmıştır. Fıkıh da usûl ve füru‘ şeklinde ifade edilen iki yazım türüne sahip olmuştur. Fıkıh ilminin bu yazım türleriyle birçok alt edebi türler ortaya çıkmıştır. Bu alt türlerden birisi de kavâid edebiyatı denilen genel kurallardır. Bu kurallara “küllî kâideler” denilmektedir. Küllî kâidelerin kaynağı dinî naslar, fıkhî miras ve kültürel unsurlardır. İslam hukukundaki genel kurallardan bir tanesi de “Berâet-i zimmet asıldır” kâidesidir. Bu kâideye göre kişi asıl olarak doğuştan, suçsuzdur, borçsuzdur. Bu kural aynı zamanda “Asli berâet ilkesi” olarak tanımlanmaktadır. Kişi suçu ispat edilirse suçlu, borcu ispat edilirse borçlu olur. Kişinin zimmetinin boş olması temel olarak Kur’ân-ı Kerim ve Sünnete dayanmaktadır. Asli berâet ilkesi ibadetlerde, borçlar hukukunda, ceza hukukunda geçerlidir. İslam hukukunun temel prensiplerinden birisi olan kişinin borçsuzluğu ve suçsuzluğu ilkesi esasen, evrensel bir kuraldır. Bütün hukuk sistemlerinde yeri vardır. İnsan Hakları Evrensel Beyannamesi’nde de mevcuttur. Bu beyannameye göre; kişi kamuya açık olarak suçu ispatlanıncaya kadar suçsuzdur. Kendisini savunma hakkı vardır. Asli berâet ilkesi günümüzde uygulanan hukuk sistemlerinde de mevcuttur. Bu ilkeye güncel hukukta “masumiyet (suçsuzluk) karinesi” denilmektedir. ABSTRACT The principles of the religion of Islam are generally separated as faith, deeds and morals. Deeds are covered within the scope of Islamic Law (Fiqh). Islamic Law also has two types of writing: method (usûl) and issue (füru'). Many sub-literary genres have emerged with these writing types of the science of Islamic Law. One of these sub-genres is called regulations (kavaid) literature which is a general rule. These rules are called "universal rules". A person becomes guilty if his guilt is proven, a debtor if his debt is proven, and a sinner if he commits a sin. Contrary to Christianity’s claim about the existence of the original sin, there is no original sin in Islam. If there is doubt about the proof of crime and debt, the situation is evaluated in favor of the accused, in a manner that is essentially based on the Qur'an and the Sunnah. The principle of “everyone is innocent until proven guilty” is valid in criminal law, in the law of obligations and in worship. This principle is also related to some other general rules as well. It is a universal rule that a person should be essentially debt-free and guilt-free; and this rule has its place in all legal systems. This principle is also present in the Universal Declaration of Human Rights. According to this declaration, the person is publicly innocent until proven guilty; and everyone has the right to defend themselves. The principle of essential acquittal is also present in the legal systems applied today. Currently in law, this principle is called “presumption of innocence (guiltlessness)”.

A Commitment to Religious Freedom as the Bond that Makes Us Free: Reinvigorating Security, Religious Autonomy, and the Good Society

This article is a continuation of my search for a better metaphor than “balancing” to seek mutual vindication of the important values of security and religious freedom. Here I suggest the metaphor of how resin helps hold together layers of fabric to create fiberglass or Kevlar. The resin, I suggest, that binds the sheets of material together are the basic fundamental values that underly liberal constitutionalism—including the rule of law, due process, the presumption of innocence, and equal protection. I focus particularly on important messages from George Washington to religious communities upon his election as President and his message to his fellow countrymen upon his retirement for guidance about the importance of religious freedom to the democratic experiment in self-government.

Closure of criminal proceedings through the decriminalization of criminal offense: analysis of the decision of the Constitutional Court of Ukraine in the case regarding the presumption of innocence

The article is devoted to the doctrinal analysis of the positions of the Constitutional Court of Ukraine, set out in Decision No. 3-р(II)/2022 of June 8, 2022, and the formulation of a proposal to improve criminal procedural legislation in terms of introducing effective mechanisms for the legal protection of a person whose proceedings are closed on the basis of Clause 4 Part 1 of Art. 284 of the Criminal Procedure Code of Ukraine and the practice of its application.
 A number of theoretical and practical aspects of the application of Clause 4 Part 1 of Art. 284 of the Criminal Procedure Code of Ukraine in the light of the positions set forth in the Decision of the Constitutional Court of Ukraine in the case regarding the presumption of innocence were examined, in particular: compliance of this provision of the Criminal Procedure Code of Ukraine with the principle of presumption of innocence; delineation of various grounds for decriminalization of an act; possible mechanisms for protecting the rights of a person who wishes to be rehabilitated. The authors defend the position according to which decriminalization is not a uniform legal procedure and in fact should entail different legal consequences. Accordingly, the closure of criminal proceedings due to the decriminalization of a criminal offense by the Verkhovna Rada of Ukraine is a non-rehabilitative reason for closure, and decriminalization by the Constitutional Court of Ukraine is a rehabilitative one, because the norm is recognized as unconstitutional throughout its existence. It is noted that used by the legislator in Clause 4 Part 1 of Art. 284 of the Criminal Code of Ukraine, the wording «committed by a person» does not necessarily indicate the involvement of a specific person in a criminal offense, but only states the mandatory presence of the subject in any criminal offense.
 Directions for improvement of the Code of Criminal Procedure of Ukraine in terms of implementation of effective remedy for person against whom the proceedings are closed in connection with the decriminalization of criminal offence are proposed.

Tax procedural proof: problems of theory and practice

The subject of this study is the legal norms contained in legislation, other legal acts, as well as materials of law enforcement practice that determine the specifics of tax procedural evidence. This article also analyzes the experience of legal regulation of the mechanism of tax procedural evidence, examines the gaps in tax legislation directly related to the topic under consideration.The purpose of the study is to identify and analyze the features of evidence in the tax process, to study the application of evidence theory in the activities of tax authorities, to develop new ways, means and simplified procedures for effective proof, as well as to prepare appropriate regulatory changes. The objectives of the study are to identify and analyze the advantages and disadvantages of the current state of the regulatory regulation of the means and procedures of tax procedural proof; to study the distribution of the duty of proof from the position of the presumptions proclaimed in tax legislation, the established grounds for exemption from proof, as well as the blocks of circumstances formed by law enforcement practice that are subject to proof, respectively, by the tax authority and a participant in the tax process controlled by it; formulation of the author 's position on the general rule of burden of proof distribution and proposals for adaptation in the Tax Code of the Russian Federation constructions of grounds for exemption from proof according to the presented concept; allocation of stages of evidentiary activity carried out within the framework of the tax process.Methodology. Within the framework of this article, general scientific methods were applied in the framework of comparative, logical and statistical research and analysis of law enforcement and judicial practice in the field of tax process.The main results. Within the framework of the study, a number of issues related to the chosen topic were considered. First of all, it is necessary to understand that by proving in the tax process, one should consider the procedural activities of authorized participants in the tax process for collecting, researching and evaluating evidence, ensuring the adoption of legitimate and justified procedural decisions on issues that are subject to the regulation of tax legislation. The general subject of proof in the tax process is the circumstances relevant to the decision of the tax authority in the cases provided for by the legislation on taxes and fees, determined by the tax authority based on the substance of the relationship and the positions of its participants in accordance with the applicable rules of substantive law in cases where such circumstances are not defined by the legislation on taxes and fees. For the general the rule for distributing the burden of tax procedural proof is to adopt the following judgment: "Each participant in the relationship regulated by the legislation on taxes and fees, in order to comprehensively and most fully establish the facts relevant to the decision of the tax authority in the cases provided for by the legislation on taxes and fees, must prove the circumstances to which he refers as the basis of his procedural position (claims, objections)."Conclusions. The interests of the state in replenishing the budget should not lead to violations of the rights of an unlimited number of taxpayers. To do this, it is necessary to apply the norms on the presumption of innocence and increased standards for proving an offense committed by a taxpayer in tax disputes. The imposition by the tax authorities of their approach to regulating tax legal relations is going beyond the powers of the tax authorities. The application in practice of the presumption of taxpayers' guilt in committing a tax offense, which is not provided for by law, violates not only the private interests of taxpayers, but also represents an encroachment on public interests, on public order, since obvious injustice is being done.

Putting the ‘presumption’ back in the ‘presumption of innocence’

This article tackles the question: can the Presumption of Innocence (PoI) be a presumption? Whereas many criminal law theorists rejection such a notion, I draw inspiration from argumentation theorists and philosophers—in particular, Petar Bodlović and Edna Ullmann-Margalit—and argue in favour of it; indeed, argumentation theory often holds the PoI out as a paradigmatic presumption. My argument proceeds in three sections. I first show that criminal law theorists writing on the PoI have understood presumptions as evidentiary devices in the form of a modus ponens. On that understanding, the PoI cannot be a presumption. Attention is then drawn to the field of argumentation theory, which teaches us that there are other types of presumptions that are non-evidentiary, not in the form of a modus ponens, require a tentative commitment to q, and require an agent to proceed (act) as if q; viz practical presumptions. The PoI can be understood as such. Finally, it is argued that the PoI, insofar as it requires a tentative commitment to q (here, ‘the defendant is innocent’), can be thought of as a propositional imagining of q (ie, an agent presuming innocence is to propositionally imagine the defendant's innocence).

PRINCIPLES, METHODS, FORMS AND TYPES OF THE ORGANIZATION OF STUDENT SELF-GOVERNMENT IN THE UNIVERSITIES OF UKRAINE IN THE 19TH – EARLY 20TH CENTURIES

In the process of scientific research, it was found that the following bodies of student self-government were active during the studied period: Stage I (1804–1863) – student economic organizations, scientific societies, society of lovers of domestic literature, Bible society, literary circles, public intellectual circles, Slavophile circles, student theater, Kharkiv-Kyiv secret society, social court (court of honor), student libraries and reading rooms, private libraries, Lithuanian Corporation of Kyiv University, mutual aid funds, communes; Stage ІІ (1863–1884) – mutual aid societies, compatriots, student canteens, mutual aid funds, educational circles and public educational organizations, self-education circles, libraries, self-education circles; Stage ІІІ (1884–1900) – fellowships, library associations, cash registers and mutual aid societies, scientific circles, student canteens, Union Councils, Kharkiv Union Council of United Organizations and Fellowships, Ukrainian Student Community, Union Council of United Fellowships and Organizations, and the Executive Committee of the Imperial Novorossiysk University; Stage IV (1900–1917) – elders, student military wives, canteens, professional unions, cash registers and mutual aid societies, student shops, scholarship commissions, social courts, fellows, scientific circles, student senate, Council of Student Deputies of Kharkiv Imperial University.
 The principles of student self-government (democracy, legality, openness, equality, accountability, responsibility, etc.) are highlighted; methods (communication, introspection, conversation, discussion, the example of an older person, self-control, etc.); forms (associations, communes, communities, mutual aid funds, circles, library associations, partnership courts, etc.); types (general meetings, congresses, gatherings, gatherings, classes, meetings, etc.).
 Students (the “eternal students” certainly played a special role in it) by combining the traditions and customs of their educational institution, created rules of behavior in the student environment, which were strictly followed, appealed to these rules at student courts of honor. These rules were called “codes of honor”. They were never rigidly fixed and were mostly fixed conventionally. They included a list of the so-called “natural rights of a student”. They are: the right to be called a student and wear a student uniform (the main feature of corporate style); the right to inviolability and impunity; recognition of guilt and punishment for it belonged to the competence of the court of honor only (“presumption of innocence”); the right to board; the right to corporate assistance; the right to create student organizations.

The Ontario Court of Appeal Takes a New Look at Automatism in R v. Sullivan.

Automatism has long been a significant topic of discussion between forensic psychiatry and the courts. In a recent case, the Ontario Court of Appeal addressed this concept in the setting of a Canadian law, s. 33.1 of the Criminal Code, that limits the defense of self-induced intoxication for any offense involving violence. The court found that s. 33.1 violated the presumption of innocence and the principles of fundamental justice and could not be saved by the Canadian Charter of Rights and Freedoms, as it was not demonstrably justifiable in a free and democratic society. Therefore, the court declared s. 33.1 to be of no force and effect. In this article, we describe the legal history of automatism in Canadian courts and the reasoning behind this important decision. Finally, we discuss some implications for forensic practice.

The Principle of Respecting the Rights of the Suspect/Accused, the Principle of Equality of Arms and the Principle of Immediacy - Basic Principles of the Criminal Trial

By the basic principles of the criminal trial, we understand those rules of a general nature based on which the entire development of the criminal trial is regulated. The fundamental principles of the criminal trial are written as basic rules in the Criminal Procedure Code. Apart from these principles, procedural doctrine, judicial practice and other legal provisions enshrine other fundamental ideas that can be considered principles. Among these, the principle of equality of arms and the principle of immediacy are among the most important, because along with the presumption of innocence, they are the guarantors of the rights of the suspect or the accused.

Artificial intelligence through the prism of fundamental human rights

The article analyzes the development of artificial intelligence and its impact on human rights. The ways of introducing artificial intelligence technologies into various spheres of human life are determined. It is considered how different artificial intelligence systems are used today in the world and how they can help and harm society. The analysis of the impact of artificial intelligence on human rights is based on documents widely used in Europe and containing a wide range of human rights, the General Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights, economic, social and cultural rights of 1966 and the Charter of Fundamental EU rights. The misuse of artificial intelligence algorithms creates many problems, such as violation of the right to life, the right to privacy, restriction of freedom of speech and opinion, violation of the right to a fair trial and the presumption of innocence, the right to equal opportunity and non-discrimination, the right to work, etc. Since artificial intelligence technologies use certain data sets, the violation of the rights of certain groups of the population is most often observed. These may include women and children, as well as certain ethnic, racial or religious groups. The article concludes that the introduction of artificial intelligence technologies in various areas of life can qualitatively change them and increase the effectiveness of any human work. However, the rapid development of technology can have a negative impact on human rights. Risks to fundamental human rights stem from the inability to foresee the consequences of such new technology. Governments of the world and companies using artificial intelligence technologies should be aware of the imperfection of the data on which the technology is trained, and take care to prevent discrimination and violations of human rights, be ready to provide timely and effective remedies in cases where decisions made by machines, turn out to be wrong.

Is there a penalty for going to trial in Spain? Plea bargaining and courtroom efficiency

The plea bargain is now the most frequent mode of conviction in many countries, yet several problems have been highlighted, such as loss of rights, enhanced sentencing disparities or increased false confessions. A central element to many of the issues is the sentence discount obtained by pleading or the penalty associated with going to trial. However, outside the United States and the United Kingdom, there have been few attempts to analyse plea-trial disparities, and in Spain research is almost non-existent. To help fill this gap, the present article provides the first quantitative examination of plea discounts and trial penalties in Spain. Regression models, covariate balancing propensity score and counterfactuals are estimated to show that, in comparison to going to trial, agreeing to a plea in the initial stage of the process is associated with shorter sentences and, more importantly, the results demonstrate that the probability of entering prison is significantly greater for those convicted at trial compared to both plea types analysed. In addition, evidence of concerning inequalities is found between Spanish nationals and foreigners. The findings indicate courtroom actors may be working conjointly to expedite the criminal process and we discuss the implications of this in relation to the fundamental principles of criminal justice systems, such as proportionality, equality and the presumption of innocence.

Defendant anonymity until charge, the presumption of innocence and the taxonomy of misuse of private information

ABSTRACT This note welcomes the judgment in ZXC and in particular the humane and nuanced recognition of reality. The general public do not draw the technical distinctions that professionals and carefully guided juries do on the presumption of innocence. The extension of anonymity until charge is a welcome outcome. The note also considers the taxonomy of the area, responding to the note by Tom Bennett in this volume. It suggests that the ‘hippogriffian’ aspects of the tort of MPI can be explained and justified with a little work.

Presunción de Inocencia, Juicios Previos y Juicios Paralelos

El proceso penal en los sistemas procesales democráticos está basado, de forma esencial, en la garantía de presunción de inocencia de los sujetos sospechosos, investigados o procesados. Sin esta garantía no podría entenderse que se cumplen las exigencias del proceso justo. La presunción de inocencia tiene, como garantía procesal, dos manifestaciones: como regla de trato implica que los individuos sometidos al proceso han de ser considerados inocentes hasta que se dicte sentencia condenatoria en su contra; y como regla de juicio exige, esencialmente, que exista prueba de cargo suficiente para destruir la presunción.
 La vigencia de esta garantía se justifica en la necesidad de proteger la imparcialidad del juzgador y en la necesidad de asegurar que las personas sometidas al proceso penal no parten de una posición de desventaja derivada de la propia situación procesal. Garantizar que un sujeto es inocente hasta que se dicte sentencia condenatoria es una necesidad que se ha puesto de manifiesto de forma especial en los últimos tiempos por el aumento de informaciones referidas a procesos penales y difundidas en medios de comunicación y redes sociales. En este artículo estudio los aspectos esenciales de la garantía de presunción de inocencia en España y cómo puede resultar afectada por las publicaciones realizadas antes y durante el proceso, analizando reciente jurisprudencia sobre estas cuestiones para ofrecer algunas soluciones prácticas.
 Tras el análisis de la legislación, la jurisprudencia y la evolución de nuestro sistema de garantías procesales y vista la situación actual de excesiva exposición del proceso penal en los medios de comunicación, las conclusiones que se alcanzan en este artículo están dirigidas a subrayar la vigencia de las garantías procesales en relación a esas amenazas que provienen de una conducta inadecuada de los sujetos que ejercen la opinión y la información. Las garantías han de ser especialmente contundentes en relación a la protección de la presunción de inocencia de los sujetos sometidos a investigaciones, instrucciones y procesos penales de todo tipo: se trata de buscar un equilibrio entre las legítimas funciones desempeñadas por la prensa en relación al proceso y a la forma de administrarse justicia y la posición de los sujetos sometidos al proceso penal.

Presumption of Innocence: Comparing Vietnamese Law with Established International Jurisprudence

Presumption of Innocence: Comparing Vietnamese Law with Established International Jurisprudence

Presumption of innocence in the scope of national judicial practice and practice of the European Court of Human Rights.

Presumption of innocence in the scope of national judicial practice and practice of the European Court of Human Rights.

Споры о признании «иностранным агентом» в зеркале судебных решений за 2020–2022 гг.

The paper addresses the “foreign agents” legislation of the RF and describes its main features. The focal point of the analysis is the extremely broad definition of “political activity”. Analyzing most recent Russian case law, the author comments on the cases of the Institute of Law and Public Policy, “No to Violence” (“Nasiliyu Net”) Center, the “Legal Initiative” and “Civil Initiative against environmental crimes” foundations and other NGOs that have been labeled “foreign agents”. The paper highlights two key problems: (1) absence of criteria for distinguishing between political activities and other types of activities and (2) in many cases courts offer an excessively broad interpretation of provisions of Art. 2 (6) of Federal law “On NGOs”, which state that it’s the fact of receiving foreign financial assistance that matters (irrespective of the goals of such financing). Status of foreign agents as envisaged in the Russian legislation brings up important issues of compliance of this legislation with the constitutional principles of legal certainty and presumption of innocence.

Enrico Ferri on the criminal process

The article examines the views of the outstanding Italian criminologist Enrico Ferri on various issues of criminal justice, expressed in “Criminal Sociology”. It analyzes his arguments concerning the goals of justice, stability of the criminal code, the need for unity of civil and military justice. The article offers counterarguments against Enrico Ferri’s list of exceptions to the principle of the presumption of innocence. At the same time the views of the thinker concerning the expediency of abandoning the principle of collegiality and the jury trial are of certain interest. His ideas on three types of sentences (acquittal, indictment and under suspicion) and on the need to reason the final act of justice have been considered. Enrico Ferri’s thoughts on the amnesty and pardon, rehabilitation, revision of acquittals, possibility of stricter sentence in verification proceedings, etc. are obviously enriching the science of the criminal process. This article may be of interest to anyone who is engaged in the issues of criminal procedure, criminal law, and criminology, as well as the history of these legal sciences.

Impact of the case law of the Constitutional Tribunal on the standard of detention on remand in Poland

Detention on remand is intrinsically linked to the fundamental rights and freedoms of the individual and, in particular, to personal freedom, the right to a fair trial and the principle of the presumption of innocence. This paper explores the constitutional dimension of the application of detention on remand in Poland. Its first part outlines the constitutional values that are violated as a result of detention on remand. The status of the principle of proportionality is pointed out, both in constitutional law and in the criminal law procedure. In further parts, the article presents the role of the Constitutional Tribunal in Poland and analyzes its case law on detention on remand. The jurisprudence of the Constitutional Tribunal in Poland emphasizes the directive to minimize the duration and the principle of proportionality of preventive measures, which imply that detention on remand may only be used ultima ratio. In particular, the paper focuses on the rulings concerning the premises for detention on remand, the access to the file of the pre-trial proceedings in the part concerning the decision to apply detention on remand, the access of the persons detained on remand to defense counsels, the duration of detention on remand, and the contact of the persons subject to the most severe preventive measure with their loved ones.

On the issue of the principle of the presumption of innocence in disciplinary proceedings

The article is devoted to a detailed analysis of national practice of disciplinary proceedings against judges, prosecutors and lawyers, as well as the legal positions of higher courts on the fact of the presence or absence of the principle of presumption of innocence in this category of proceedings. Particular attention is paid to the study of international law and thematic case law of the European Court of Human Rights, which highlights the distinction between criminal and disciplinary proceedings on certain characteristics and features of the principle of proof of guilt in each of them. The article formulates a claim conclusion about the need to rethink the essence of disciplinary proceedings in national law and to extend the basic principles of justice (in particular, criminal) to its sphere.The practice of prosecuting lawyers for disciplinary misconduct can serve as an example of a diametrically opposed approach to understanding the nature of disciplinary proceedings. Іn this case such features of justice (criminal and disciplinary proceedings) as competition, equality of the parties before the law and the court, proving the guilt of a person “beyond a reasonable doubt”, objectivity, justice and others are clearly demonstrated. Therefore, establishing the absence of the principle of presumption of innocence against judges and prosecutors as representatives of public authorities can be regarded not only as a manifestation of their discrimination in relevant disciplinary proceedings, but also as a violation of fundamental principles and constitutional rights of the person in the process of bringing them to this type of justice.