Essay On Presumption Of Innocence

705 Words3 Pages
Some of the central ideas such as crime control and precaution are much more straight forward that they might appear. Arguments for the changes in criminal and evidence procedure and often underpinned by claims in order to protect the public interest. With presumption of innocence supported in the way, we have claims of reducing the risk of public safety under the absence of clear evidence. Thus, the so called “rebalancing of the system” in favour of victim are such an unfortunate record of injustice. The fact that the presumption of innocence finds a place in every of the Human Rights document, it is well known that it lead to one of the least controversial rights. The presumptions are to carry on at two different levels: criminal trial and criminal process. When a person is charged with a criminal offence, the prosecution automatically bears the burden of proof to prove the guilt of the offence and the proof must be proof…show more content…
What obligations, if any, should a person reasonably suspected of crime have? We have noted that the presumption of innocence is sometimes expressed as ‘the right to put the prosecution duty to proof or, more fully, the right to require the prosecution to prove the case without assistance from the accused person but is that a necessary implication? It is taken for granted in human rights documents that such a person may be detained for questioning, within limits of time. The privilege against self-incrimination makes it clear that there is no obligation to speak to the police or other investigators, and the right of silence declares that no adverse inference may be drawn from a failure to speak unless the circumstances ‘call for an explanation’. Therefore, this can be seen in the case of Woolmington and some other criminal cases on the impact of Human Rights Act
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    Introduction In the administration of criminal justice, the presumption of innocence is widely identified as a fundamental human right. It tilts the scales of justice towards the favour of the defendant by compelling the prosecution to establish guilt to a high degree of certainty. However, a subsequent result is an increased probability of the guilty escaping imprisonment due to an increased difficulty to secure such a conviction. There is a clear, ever-present tension between protecting the rights

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