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The complex question fallacy, or many questions fallacy, is context dependent; a presupposition by itself does not have to be a fallacy. It is committed when someone asks a question that presupposes something that has not been proven or accepted by all the people involved.
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
The presumption of unreviewability of enforcement decisions is not absolute, and can be overcome if the petitioner can find "law to apply" in the governing statue. Applying Overton Park , the Court said agency actions were within the § 701(a)(2) exception "if the statute is drawn so that a court would have no meaningful standard against which ...
The Court found an "inflexible presumption of prosecutorial vindictiveness" to be inappropriate in the pretrial setting, where a prosecutor's case against a defendant may not yet have "crystallized." [11] Following the Court's ruling, lower federal courts have generally held a presumption of vindictiveness to be inapplicable in a pretrial setting.
But the most interesting aspect is commentary by the Court regarding presumption of innocence: The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law ...
Illinois v. McArthur, 531 U.S. 326 (2001), was a United States Supreme Court case decided in 2001. The case concerned the extent of the government's power to limit an individual's complete control of his or her home pending the arrival of a search warrant.
Later case law has interpreted Frazier v. Cupp as the case permitting police deception during interrogations. The language of the ruling did not specifically state which forms of police deception were acceptable, but the ruling provided a precedent for a confession being voluntary even though deceptive tactics were used.
A loaded question is a form of complex question that contains a controversial assumption (e.g., a presumption of guilt). [1] Such questions may be used as a rhetorical tool: the question attempts to limit direct replies to be those that serve the questioner's agenda. [2] The traditional example is the question "Have you stopped beating your wife?"