Publication Type

Journal Article

Publication

Singapore Law Journal (Lexicon)

Publication Date

1-2021

Abstract

Although the presumption of innocence is fundamental to the modern criminal justice system, there is little clarity on what it is and how it applies. This essay argues that “innocence” in the criminal justice system should be confined to legal innocence and not factual innocence. Accordingly, the presumption of innocence should be confined to presuming the legal innocence of an accused. It follows then that the presumption of innocence cannot apply to any part of the criminal process apart from the trial itself. Further, jurisprudentially, given that the presumption of innocence is best understood as a procedural aspect of the right to a fair trial, the existing law needs to be reformed in some aspects so as to accommodate such a conception of the presumption. To that end, this essay proposes some possible reforms as a way to move forward.

Disciplines

Courts | Criminal Law

ISSN/ISBN

2737-5048

Publisher

SMU Lexicon, SMU School of Law

Version

publishedVersion

Copyright Holder

Singapore Management University

Format

application/PDF

Volume

1

Page

48

Additional URL

https://www.docdroid.com/el45RiF/lexicon-singapore-law-journal-jan-2021-edition-pdf

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