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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".
Philosophically, guilt in criminal law reflects a functioning society and its ability to condemn individuals' actions. It rests fundamentally on a presumption of free will, such as from a compatibilist perspective (as in the U.S.A.), in which individuals choose actions and are, therefore, subjected to the external judgement of the rightness or wrongness of those actions.
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole ...
The proportion of not proven acquittals, in general, is higher in the more severe cases; but so then are the proportion of acquittals versus convictions. This might have many different reasons, for example that on average it might be more difficult to establish guilt beyond a reasonable doubt in the more severe cases. [3]
A consciousness of guilt may, for example, be evinced by a false alibi or explanation for one's actions, intimidation of a witness, destruction or concealment of evidence or flight. Haim Cohn explains the concept: [6] First and foremost, there is "guilt" within the meaning of criminal law.
Motive cannot normally be a defense. If, for example, a person breaks into a laboratory used for the testing of pharmaceuticals on animals, the question of guilt is determined by the presence of an actus reus, i.e. entry without consent and damage to property, and a mens rea, i.e. intention to enter and cause the damage. That the person might ...
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions.
However, "innocence" is a factual question, and once a fact-finder—judge or jury—makes a factual determination, appellate and post-conviction courts generally are bound by those factual determinations. Appeals and post-conviction cases, by their very nature, focus on legal errors, not factual disputes.