CFP: Presumption of innocence

The Netherlands Journal of Legal Philosophy (NJLP) (formerly known as Rechtsfilosofie & Rechtstheorie) is an international, double-blind peer reviewed journal which aims to encourage the study of legal philosophy, legal theory and the foundations of the legal sciences. The Journal publishes articles and reviews in Dutch and in English.

Deadline for submission of abstracts: 1.6.2013

Further information:

http://www.verenigingrechtsfilosofie.nl/?page_id=121   

[email protected]

The Netherlands Journal of Legal Philosophy is pleased to announce its bi-annual international conference on legal philosophy and legal theory. The conference theme is the presumption of innocence.

The presumption of innocence is considered to be a fundamental and inviolable principle of criminal law. Over the past decades, however, the emphasis on the rights of suspect and defendant has given way to a more one-sided instrumental view of criminal law as a means to reduce risk and attain safety. This instrumental view puts fundamental principles such as nulla poena, ne bis in idem, nemo tenetur, in dubio pro reo, nullum crimen sine culpa, as well as the presumption of innocence under pressure.

One can think, for example, of recent Acts on Terrorism that do not require suspicion but merely indications of a terrorist crime, thereby lowering the level of suspicion required for investigative activities; of the verdict of the ECtHR in Salabiaku v. France where the ECtHR allows for a reversal of the burden of proof in the trial phase; and of the possibility of review after wrongful acquittals in the post-trial phase.

In another respect, however, the presumption of innocence, or at least evidentiary requirements, has been strengthened over the last two decades. Partly as a reaction to serious miscarriages of justice, research has been done with a focus on, among others, Bayesian statistics and argumentation theory. The aim of this research is to strengthen the analysis of the evidence and therewith the motivation of judgements.Papers are welcomed on the presumption of innocence and papers related to the topics mentioned. 

Submissions

Researchers interested in presenting a paper at the conference are asked to submit an abstract of 400 words and a short cv.

Researchers interested in organising a 1,5 hour workshop on a specific theme are asked to submit an abstract of 800 words explicating the theme and the papers and a list of three speakers plus cv. Send your submissions before 1.6.2013 to: [email protected] For more information: [email protected]

Important data

Submission of abstracts before: 1.6.2013

Notification of acceptance: 15.7.2013

Conference registration before: 1.10.2013

Conference: Friday 29 and Saturday 30.11.2013

Conference fee

The fee for the conference is €150. The fee for PhD students and for subscribers of NJLP (including members of the VWR) is €100. The fee includes coffee, lunch and tea on Friday and Saturday and the special issue of the NJLP (2013-3) on the presumption of innocence with articles of all keynote speakers. Travelling expenses and accommodation costs are not included.

Location

VU University is conveniently located at 20 (public transport) minutes from Schiphol International Airport, 10 minutes from train station Amsterdam South and 10 minutes from the centre of Amsterdam.

Possible topics

Innocence in the pre-trial phase

The level of suspicion required for investigative acts

Pre-trial detention and bail

Innocence in the trial phase

Reversal of the burden of proof

Presumptions of fact or law

Execution of punishment during a pending appeal

Innocence in the post-trial phase

Review after wrongful acquittals

Indefinite punishments and treatment measures

Innocence and substantive law

From culpability to substantive strict liability?

The administrative/civil handling of traditional criminal offences

Innocence and evidence

Truth in criminal trial

Beyond reasonable doubt: can Bayes help us?

The role of alternative scenario’s

Innocence, communication and reputation

What can be said by whom to and about suspect and defendant?

Distinguishing honourable-neutral-dishonourable acquittals

PRELIMINARY PROGRAM

Keynote speakers (confirmed)

Antony Duff (University of Minnesota Law School, University of Stirling)

Alwin van Dijk (University of Groningen)

Lonneke Stevens (VU University Amsterdam)

Magnus Ulväng (University of Uppsala)

Thomas Weigend (University of Cologne)

Friday 29 November

Morning session: keynote lectures on the presumption of innocence

Afternoon session: parallel workshops

Saturday 30 November

Morning session: keynote lectures on the presumption of innocence

Afternoon session: parallel workshops

Organizing committee

Anne Ruth Mackor (University of Groningen, member of the editorial board NJLP, editor of the special issue on the presumption of innocence)

Vincent Geeraets (VU University Amsterdam, co-editor of the special issue on the presumption of innocence)

Alwin van Dijk (University of Groningen)