The Meaning of the Presumption of Innocence for Pre-Trial Detention: An Empirical Approach
10 Pages Posted: 7 Dec 2013
Date Written: December 5, 2013
Abstract
The presumption of innocence is considered to be an important principle for regulating pre-trial detention. The idea is that pre-trial detention should be a last resort. However, pre-trial detention practice demonstrates that pre-trial detention does not function on the basis of a presumption of innocence but rather from a presumption of guilt and dangerousness. It must be concluded that, with regard to pretrial detention, the PoI has a rather limited normative effect.
Keywords: presumption of innocence, pre-trial detention
Suggested Citation: Suggested Citation
Stevens, Lonneke, The Meaning of the Presumption of Innocence for Pre-Trial Detention: An Empirical Approach (December 5, 2013). Available at SSRN: https://ssrn.com/abstract=2363957 or http://dx.doi.org/10.2139/ssrn.2363957
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