Innocence, the burden of proof and fairness in the criminal trial: revisiting Woolmington v DPP (1935)

Farmer, L. (2018) Innocence, the burden of proof and fairness in the criminal trial: revisiting Woolmington v DPP (1935). In: Jackson, J. D. and Summers, S. J. (eds.) Obstacles to Fairness in Criminal Proceedings. Hart Publishing, pp. 57-74. ISBN 9781782258353 (doi:10.5040/9781782258384.ch-004)

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Publisher's URL: https://www.bloomsburyprofessional.com/uk/obstacles-to-fairness-in-criminal-proceedings-9781782258353/

Abstract

Introduction: Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt … If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge, or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.

Item Type:Book Sections
Status:Published
Glasgow Author(s) Enlighten ID:Farmer, Professor Lindsay
Authors: Farmer, L.
College/School:College of Social Sciences > School of Law
Publisher:Hart Publishing
ISBN:9781782258353
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