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The Two Aspects of the Presumption of Innocence

Michelle Coleman Orcid Logo

Swansea University Author: Michelle Coleman Orcid Logo

Abstract

The presumption of innocence is a very old concept, with evidence suggesting that it has existed in one form or another since at least Hammurabi’s Code. It is present in every criminal justice system and is considered a fundamental principle within criminal justice. Problematically however, there is...

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Published: Criminal Justice Theory Blog 2022
Online Access: https://criminaljusticetheoryblog.wordpress.com/2022/10/14/the-two-aspects-of-the-presumption-of-innocence/
URI: https://cronfa.swan.ac.uk/Record/cronfa63113
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first_indexed 2023-04-11T16:05:48Z
last_indexed 2023-04-13T03:23:50Z
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spelling 2023-04-12T11:28:26.0490719 v2 63113 2023-04-11 The Two Aspects of the Presumption of Innocence 54f57826dde45d78478523c9c265a1ce 0000-0002-2615-1021 Michelle Coleman Michelle Coleman true false 2023-04-11 LAWD The presumption of innocence is a very old concept, with evidence suggesting that it has existed in one form or another since at least Hammurabi’s Code. It is present in every criminal justice system and is considered a fundamental principle within criminal justice. Problematically however, there is no settled normative definition of the presumption of innocence and the definitions within criminal codes are typically self-referential; saying something like, ‘The presumption of innocence is that the accused will be presumed innocent until proven guilty’. My experience, both formerly as a public defender and currently as an academic, has shown that everyone assumes they know what the presumption of innocence is but when pressed cannot define it, except perhaps by the circular logic of the criminal code. This experience led me to investigate the presumption of innocence to determine what it is, how it works, and whether it is being respected. This blog post is a short summary of the framework developed in my book The Presumption of Innocence in International Human Rights and Criminal Law (Routledge 2021). Website Content Criminal Justice Theory Blog presumption of innocence, legal theory, criminal law, evidence 14 10 2022 2022-10-14 https://criminaljusticetheoryblog.wordpress.com/2022/10/14/the-two-aspects-of-the-presumption-of-innocence/ COLLEGE NANME Law COLLEGE CODE LAWD Swansea University Not Required 2023-04-12T11:28:26.0490719 2023-04-11T17:02:33.6676963 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Michelle Coleman 0000-0002-2615-1021 1
title The Two Aspects of the Presumption of Innocence
spellingShingle The Two Aspects of the Presumption of Innocence
Michelle Coleman
title_short The Two Aspects of the Presumption of Innocence
title_full The Two Aspects of the Presumption of Innocence
title_fullStr The Two Aspects of the Presumption of Innocence
title_full_unstemmed The Two Aspects of the Presumption of Innocence
title_sort The Two Aspects of the Presumption of Innocence
author_id_str_mv 54f57826dde45d78478523c9c265a1ce
author_id_fullname_str_mv 54f57826dde45d78478523c9c265a1ce_***_Michelle Coleman
author Michelle Coleman
author2 Michelle Coleman
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publishDate 2022
institution Swansea University
publisher Criminal Justice Theory Blog
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
url https://criminaljusticetheoryblog.wordpress.com/2022/10/14/the-two-aspects-of-the-presumption-of-innocence/
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description The presumption of innocence is a very old concept, with evidence suggesting that it has existed in one form or another since at least Hammurabi’s Code. It is present in every criminal justice system and is considered a fundamental principle within criminal justice. Problematically however, there is no settled normative definition of the presumption of innocence and the definitions within criminal codes are typically self-referential; saying something like, ‘The presumption of innocence is that the accused will be presumed innocent until proven guilty’. My experience, both formerly as a public defender and currently as an academic, has shown that everyone assumes they know what the presumption of innocence is but when pressed cannot define it, except perhaps by the circular logic of the criminal code. This experience led me to investigate the presumption of innocence to determine what it is, how it works, and whether it is being respected. This blog post is a short summary of the framework developed in my book The Presumption of Innocence in International Human Rights and Criminal Law (Routledge 2021).
published_date 2022-10-14T04:23:37Z
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