Publication Date
1-1-2005
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Presumption of innocence, Burden of proof, English common law
Abstract
Having long admired Norma Landau's pioneering work on the seventeenth- and eighteenth-century English magistracy, I am grateful to her for bringing her considerable expertise to bear on my article. Characteristically, Landau's criticism is extremely forceful. Unfortunately, the intriguing questions that Landau raises in her comment are obscured by a host of criticisms based on a misunderstanding of the claims that I advance. Landau attributes arguments to me that I do not make and ignores important ones that I do. In the process, she fails to engage with my central thesis: In summary proceedings that required suspects to “account” for materials found in their possession, the presumption of innocence did not exist.
Publication Statement
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Originally published as Did the Presumption of Innocence Exist in Summary Proceedings?, 23 LAW & HISTORY REVIEW 191 (2005)
Recommended Citation
Did the Presumption of Innocence Exist in Summary Proceedings?, 23 LAW & HISTORY REVIEW 191 (2005)