Overview

Every American knows the phrase. Innocent until proven guilty. Judges recite it. Prosecutors acknowledge it. Juries are instructed on it before every deliberation. It is called the foundation of American criminal justice - traced through two thousand years of legal history, enshrined in the Constitution, and recognized in international human rights law as a universal guarantee that no just legal system can deny. And then the system does the opposite. On any given day, more than 400,000 people sit in American jails who have not been convicted of any crime. They are there because they could not afford bail. More than 97 percent of federal criminal cases never reach a jury - resolved through guilty pleas entered in a system where exercising the right to trial carries a sentencing premium so severe that innocent defendants routinely plead guilty to crimes they did not commit. The National Registry of Exonerations has recorded more than 3,300 wrongful convictions formally recognized since 1989. This is what innocent until proven guilty looks like in practice. Presumption of Innocence: Guilty Until You Can Prove Otherwise maps the complete gap between what the presumption promises and what the system delivers. It traces the principle from its origins in Roman law and English common law through the Supreme Court decisions that established it as a constitutional requirement. It documents every mechanism through which the system erodes the presumption - the money bail apparatus, the plea bargaining machine, the pretrial publicity environment, the courtroom practices that communicate guilt before evidence is presented, and the prosecutorial practices that hide the evidence most likely to support innocence. Then it hands every reader the tools to fight back. Every chapter closes with a practical guide to the specific motions, objections, voir dire strategies, and appellate arguments that give any defendant the strongest possible protection of a right the system routinely erodes while proclaiming its sanctity. For defendants. For defense attorneys. For jurors. For every American who believes the government must prove guilt before it takes liberty.

Full Product Details

9798195904272

Table of Contents

Reviews

Author Information

Tab Content 6

Countries Available