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http://ssrn.com/abstract=2103303
 
 

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Pre-Trial Detention and the Presumption of Innocence


R. A. Duff


University of Minnesota Law School; University of Stirling - Department of Philosophy

July 10, 2012

PREVENTIVE JUSTICE, A.J. Ashworth, L. Zedner, P. Tomlin, eds., Oxford University Press, Forthcoming
Minnesota Legal Studies Research Paper No. 12-31

Abstract:     
Pre-trial detention, and other restrictions that may be placed on those awaiting trial, seem to be inconsistent with a robust understanding of the Presumption of Innocence, since they treat the unconvicted defendant as if he is likely (more likely than other citizens) to fail to appear for trial, to try to pervert the course of justice, or to commit other offenses. In this paper I argue that certain kinds of liberty-limiting requirement can legitimately be placed on those awaiting trial, as flowing from the duties of reassurance that citizens owe each other. Pre-trial detention, however, cannot be justified in those terms, and is (except in a very few types of case) inconsistent with the Presumption of Innocence and with proper respect for the defendant’s civic status.

Number of Pages in PDF File: 16

Keywords: Presumption of innocence; bail, pre-trial detention

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Date posted: July 11, 2012  

Suggested Citation

Duff, R. A., Pre-Trial Detention and the Presumption of Innocence (July 10, 2012). PREVENTIVE JUSTICE, A.J. Ashworth, L. Zedner, P. Tomlin, eds., Oxford University Press, Forthcoming; Minnesota Legal Studies Research Paper No. 12-31. Available at SSRN: http://ssrn.com/abstract=2103303 or http://dx.doi.org/10.2139/ssrn.2103303

Contact Information

Robyn Antony Duff (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
University of Stirling - Department of Philosophy ( email )
Stirling, Scotland FK9 4LA
United Kingdom
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