You are here

The threat of terrorism versus the presumption of innocence

Dr Amir A Majid says the Rolls Royce legal principle is under attack from politicians and law enforcement

27 August 2015

The most basic legal precept is: 'It is better that ten guilty persons escape than that one innocent suffer.' Otherwise known as 'the presumption of innocence.'

Western states safeguard the human right of their citizens to walk free. For example, US police are obliged to give a Miranda warning to all suspects. In 1996, the US Supreme Court overturned a conviction due to the omission of this warning (Miranda v Arizona). Police officers have since been advised not to give the Miranda warning to deaf persons unless a lawyer is present.

Many Americans have vilified the presumption of innocence, arguing that the world has changed since 9/11. The civil liberty of walking free is undermined by the zeal of those who do not care about fair and lawful detention of citizens.

Delivering a speech on 21 May 2014 in reaction to the nomination of the now United States ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.