Criminal Labels, the European Convention on Human Rights and the Presumption of Innocence

36 Pages Posted: 18 Oct 2012 Last revised: 30 Jan 2015

See all articles by Liz Campbell

Liz Campbell

Monash University - Faculty of Law

Date Written: October 17, 2012

Abstract

This article explores whether the presumption of innocence is compromised by State declarations that a person is other than innocent, but which are neither predicated on nor equivalent to a criminal conviction. The task ultimately is threefold: in a descriptive sense, to establish the existing parameters of the presumption, in particular tracing its incremental expansion by the European Court of Human Rights; secondly, to present a normative argument as to what I believe the presumption should also entail, drawing on its recent doctrinal extension but moving beyond this in certain respects; and then finally to ascertain whether any labels or declarations by the State either before or absent a finding of criminal liability are problematic as regards the presumption of innocence as I propose it should be construed, and what ought to be done about this.

Keywords: Presumption of innocence, criminal law, European Convention on Human Rights

Suggested Citation

Campbell, Liz, Criminal Labels, the European Convention on Human Rights and the Presumption of Innocence (October 17, 2012). Edinburgh School of Law Research Paper No. 2012/25, Available at SSRN: https://ssrn.com/abstract=2163139 or http://dx.doi.org/10.2139/ssrn.2163139

Liz Campbell (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

HOME PAGE: http://https://research.monash.edu/en/persons/liz-campbell

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