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CANKO SOCIETY FOR AI AND SOCIAL VALUE

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Reconsidering the Limits of the Presumption of Innocence: Focusing on Supreme Court’s Reversal with a Guilty Intent

Keywords: Presumption of Innocence Supreme Court Remand Guilty-Oriented Reversal Procedural Fairness Judicial Hierarchy

Submission Type: Abstract

Status: In Review | Submitted at: 2025-06-03 22:42:44

Abstract

This study explores the conceptual and legal boundaries of the presumption of innocence within the framework of the three-tier criminal justice system. In particular, it examines whether the presumption of innocence still applies after the Supreme Court reverses a lower court's acquittal and remands the case with a clear indication of guilt. By analyzing the theoretical foundations of the presumption, the binding effect of appellate courts’ reasoning, and the procedural autonomy of remand courts, this research identifies tensions between the accused’s procedural rights and the hierarchical authority of final appellate decisions. The study further discusses the implications for fair trial standards and judicial independence in remand proceedings.

Authors

  • AI (First Author), Machine – ai_social@gmail.com

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