Extending the Golden Thread? Criminalisation and the Presumption of Innocence
Bibliographic Data
| ID | 12274649 |
|---|---|
| Authors | Patrick Tomlin (0000-0002-6258-2988, Corpus Christi College, corresponding author) |
| Year | 2012 |
| Volume | 21 |
| Issue | 1 |
| Pages | 44-66 |
| Publication date | 2012-02-06 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Political Philosophy (JOURNAL) |
| Journal identifiers | ISSN: 0963-8016 • E-ISSN: 1467-9760 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9760.2011.00411.x |
| OpenAlex | W1528399442 |
| Language | EN |
| Citations received | 9 |
It seems to be widely accepted that the presumption of innocence, and the attendant standard of 'beyond reasonable doubt' properly apply in the courtroom as a procedural principle directly grounded in the moral imperative to avoid punishing those who should not be punished. In this article I argue that if this is correct, then we ought be as careful about what we criminalise, as we are about who we punish, since people can be wrongfully punished by criminalisation errors as well as by conviction errors
Innocence · Political science · Politics · Presumption · Presumption of innocence · Sociology · Swift · Criminal Justice and Corrections Analysis · Free Will and Agency · Law · Political Philosophy and Ethics
Sentencing and Human Rights
Retributivism and Public Opinion
Justice before Expediency
Surveillance Technologies, Wrongful Criminalisation, and the Presumption of Innocence
Rethinking the relationship between reverse burdens and the presumption of innocence
Presumptuous or pluralistic presumptions of innocence? Methodological diagnosis towards conceptual reinvigoration
Immigration enforcement and justifications for causing harm
Young People, Antisocial Behavior and Unemployment
Injustice and the right to punish
| Citations per year | 1 |
|---|---|
| Citation span | 2017 - 2024 (8) |
| Highly cited | No |