Who Must Presume Whom to Be Innocent of What?

Netherlands Journal of Legal Philosophy, Forthcoming

Minnesota Legal Studies Research Paper 12-65

19 Pages Posted: 19 Dec 2012  

R. A. Duff

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

Date Written: December 17, 2012

Abstract

This paper considers the roles that may be played by a “presumption of innocence” outside the criminal trial — a presumption that reflects a general principle of civic trust. We can understand the significance of this presumption, and the ways in which it can be qualified (without being defeated) by attending to some of the normative roles that citizens might take on, or have imposed on them, in relation to the criminal law, and the responsibilities or duties that attach to those roles. Particular attention is paid to the distinctive roles of “defendant” and of “ex-offender”, and to the question of whether it can be consistent with the presumption of innocence to treat either defendants or those who have completed their punishments as, if not guilty, at least far from unqualifiedly innocent.

Keywords: presumption of innocence, civil trust, defendants' rights and responsibilities, bail, ex-offenders

Suggested Citation

Duff, R. A., Who Must Presume Whom to Be Innocent of What? (December 17, 2012). Netherlands Journal of Legal Philosophy, Forthcoming; Minnesota Legal Studies Research Paper 12-65. Available at SSRN: https://ssrn.com/abstract=2190593

Robin 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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