Charting a Legal Principle: A Bibliometric Analysis of the Presumption of Innocence in Scopus (1936-2021)

Fernández-Altamirano A.E.F.; González-Herrera J.M.; Vargas-Chaves I. · Sequencia (2025) · DOI: 10.5007/2177-7055.2025.e107647

Resumen

The present study aimed to analyze the epistemological treatment and evolution of the presumption of innocence in scientific literature to highlight the existing academic gap in its study. A bibliographic review was conducted with a documentary analysis under a positivist paradigm and a quantitative approach. The research was basic, descriptive, and cross-sectional, using a sample of 36 articles from the Scopus database and bibliometric tools such as VOSviewer. The bibliometric analysis revealed sporadic and limited scientific interest in the presumption of innocence since 1936, with the United States and England being the countries with the highest output. It was determined that 70% of the analyzed documents were articles and 55% belonged to the social sciences area. The study identified that the application of pre-trial detention and the lack of reasoning in judicial decisions are critical manifestations that violate this principle, often influenced by media and political pressure, highlighting a tension between the norm and judicial practice. It is concluded that there is a significant academic and scientific need to deepen the study of the presumption of innocence through new and diverse problematizations, as its treatment in high-impact publications has been historically insufficient and inconsistent, despite its role as a cornerstone of the rule of law and a fundamental guarantee for citizens.

Instituciones: Universidad Señor de Sipán