Wednesday, December 18, 2013
Lonneke Stevens (VU University Amsterdam - Faculty of Law) has posted The Meaning of the Presumption of Innocence for Pre-Trial Detention: An Empirical Approach on SSRN. Here is the abstract:
The presumption of innocence is considered to be an important principle for regulating pre-trial detention. The idea is that pre-trial detention should be a last resort. However, pre-trial detention practice demonstrates that pre-trial detention does not function on the basis of a presumption of innocence but rather from a presumption of guilt and dangerousness. It must be concluded that, with regard to pretrial detention, the PoI has a rather limited normative effect.