Trim: 6¼ x 9⅜
978-1-4985-5410-7 • Hardback • November 2017 • $105.00 • (£81.00)
978-1-4985-5411-4 • eBook • November 2017 • $99.50 • (£77.00)
Anthony Gray is professor at The University of Southern Queensland.
Chapter 1: History of Presumption of Innocence
Chapter 2: United States Case Law
Chapter 3: Comparative Case Law
Chapter 4: What is a Crime and What is a Defense?
Chapter 5: Civilizing Criminal Behavior
The spread of fundamental rights against criminal accusations has a long history and broad spread, but the very countries that nourished and championed those rights now are retreating and ignoring the reasons for needed protections. In this highly readable and compelling text, an acclaimed legal scholar brings together numerous developments that threaten the core of the right to be presumed innocent. Presumption of Innocence in Peril expertly traces many ways through which legislatures across common law jurisdictions actively undermine, circumvent and limit the presumption of innocence. These surprising developments go unchecked by judiciaries approving efforts that place the burden to prove innocence on defendants, remove the need to find guilt beyond reasonable doubt, eliminate mens rea requirements, and side-step criminal justice protections by using civil justice systems. This searing condemnation of legal developments will be of interest to anyone concerned about the authority of criminal law, contemporary challenges to justice, and the evisceration of rights previously assumed inviolable.
— Roger J.R. Levesque, Indiana University
This ambitious and timely work engages with history, theory, morality, and law to present a framework for understanding the presumption of innocence. Through extensive research and legal analysis, Gray draws attention to the overt and insidious ways in which the presumption of innocence has been undermined, and sheds light on what it will take for principle to reassert its central position in the criminal justice system. It’s a crucial read for lawyers, law-makers, and judges, and anyone interested in human rights and the future of law and justice.
— Rebecca Ananian-Welsh, The University of Queensland