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Volokh considers two criminal cases in which the defense told the jury "that no innocent person should be convicted and that it is better that many guilty go unpunished than one innocent person be convicted" as references to a Blackstone's ratio with values of both "infinite" and "many" guilty men to an innocent one. [34]
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution , which must present compelling evidence to the trier of fact (a judge or a jury ).
Jury nullification may also occur in civil suits, in which the verdict is generally a finding of liability or lack of liability (rather than a finding of guilty or not guilty). [ 22 ] The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. [ 23 ]
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
Whether the mens rea is intent or wilfulness, or only negligence or recklessness, does not affect the incidence of guilt, but may well raise the question of degree of guilt. On the other hand, "guilt" is the result of a verdict to the effect that the accused is criminally responsible ("finding of guilty"), and it is in this sense that the ...
An Oklahoma man has been formally declared innocent after spending the longest amount of time in prison of anyone who has been wrongfully convicted in U.S. history.. Glynn Simmons has always ...
Maurice Hastings, who spent more than 38 years behind bars for a 1983 murder he did not commit, appears at a court in Los Angeles where a judge officially found him to be factually innocent on ...
The Alford guilty plea is "a plea of guilty containing a protestation of innocence". [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. [25]