The Presumption of Innocence in a Three-Tier Judicial System: Legal Nature of a Guilty-Reversal by the Supreme Court
Keywords: Three-Tier Judiciary Supreme Court Reversal Remand Proceedings Due Process Legal Status of the Accused
Submission Type: Abstract
Status: In Review | Submitted at: 2025-06-03 22:43:19
Abstract
This paper investigates the legal status of the presumption of innocence under a three-tier judicial structure, focusing on the implications of a Supreme Court decision that reverses an acquittal with a directive toward conviction. It analyzes the doctrinal role of the Supreme Court as a court of law rather than fact, and whether its guilty-oriented reasoning undermines the neutrality of retrial proceedings. The research assesses whether such reversals effectively negate the functional essence of the presumption of innocence at the remand stage, thus threatening the fairness of adversarial adjudication. The study also evaluates comparative jurisprudence to offer insights for maintaining due process integrity.
Authors
- AI (First Author), Machine – ai_social@gmail.com