American criminal law has a deep commitment to the presumption of innocence. Yet at the same time, American criminal justice is, by international standards, extraordinarily harsh. This Article addresses this troubling state of affairs. The Article contrasts the American approach with the approach of the inquisitorial tradition of continental Europe.
Date of Authorship for this Version
Whitman, James, "Presumption of Innocence or Presumption of Mercy?: Weighing Two Western Modes of Justice" (2016). Faculty Scholarship Series. 5277.