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Groundwork for a jurisprudence of criminal procedure

In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 379--408 (2011)

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  1. Loss of Innocence in Common Law Presumptions.Paul Roberts - 2014 - Criminal Law and Philosophy 8 (2):317-336.
    This review article of Stumer (The presumption of innocence: evidential and human rights perspectives. Hart Publishing, Oxford, 2010) explores the concept, normative foundations and institutional implications of the presumption of innocence in English law. Through critical engagement with Stumer’s methodological assumptions and normative arguments, it highlights the narrowness of common lawyers’ traditional conceptions of the presumption of innocence. Picking up the threads of previous work, it also contributes to on-going debates about the legitimacy of reverse onus clauses and their compatibility (...)
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  • Social Engineering as an Infringement of the Presumption of Innocence: The Case of Corporate Criminality. [REVIEW]Douglas Husak - 2014 - Criminal Law and Philosophy 8 (2):353-369.
    I examine how deferred-prosecution agreements employed against suspected corporate criminality amount to a form of social engineering that infringes the presumption. I begin with a broad understanding of the presumption itself. Then I offer a brief description of how these agreements function. Finally I address some of the normative issues that must be confronted if legal philosophers who hold retributivist views on punishment and sentencing hope to assess this device. My judgment tends to be favorable. More importantly, I caution against (...)
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