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Author : Daniel S. Medwed
Publisher : Cambridge University Press
Page : 441 pages
File Size : 47,6 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107129962
This book examines the lessons learned from twenty-five years of using DNA to free innocent prisoners and identifies lingering challenges.
Author : Daniel S. Medwed
Publisher : Unknown
Page : 442 pages
File Size : 47,8 Mb
Release : 2017
Category : Criminal justice, Administration of
ISBN : 1108139396
This book examines the lessons learned from twenty-five years of using DNA to free innocent prisoners and identifies lingering challenges
Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 376 pages
File Size : 48,6 Mb
Release : 2011-08-04
Category : Art
ISBN : 9780674060982
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Author : Ms Sarah Lucy Cooper
Publisher : Ashgate Publishing, Ltd.
Page : 247 pages
File Size : 51,7 Mb
Release : 2014-05-28
Category : Law
ISBN : 9781409463566
Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2015
Category : Criminal justice, Administration of
ISBN : 0990652629
This book is about the need to drastically reduce to .1% or less the frequency of wrongful conviction and to exonerate the thousands of wrongly convicted inmates now in prison. The United States has a large wrongful conviction problem, and it's a travesty. This book presents 80 Proposals to STOP the problem. The forensic DNA revolution, which produced its first wrongful conviction exoneration in 1989, has led to some changes in the U.S. criminal justice system but not nearly enough. In the history of criminal justice systems, the people wrongly convicted over the centuries always knew what had happened to them, but few others knew or cared. Now we all know. The book provides 80 practical proposals for national reform of the criminal justice system in order to reduce the frequency of wrongful conviction to .1 percent or less.
Author : Sharon Dolovich,Alexandra Natapoff
Publisher : NYU Press
Page : 356 pages
File Size : 49,7 Mb
Release : 2017-03-28
Category : Law
ISBN : 9781479831548
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
Author : Russell D. Covey,Valena E. Beety
Publisher : Carolina Academic Press LLC
Page : 0 pages
File Size : 42,7 Mb
Release : 2022
Category : Criminal investigation
ISBN : 1531023878
Fueled by more than 2,000 exonerations of wrongfully convicted men and women, the "innocence revolution" has shaken the criminal justice system to its core. By gathering the leading research, law, and policy analysis into one volume, The Wrongful Convictions Reader explores the core contributing factors to wrongful convictions: false confessions, witness misidentifications, cognitive bias, junk science, police and prosecutorial misconduct, racial bias, and ineffective assistance of counsel. The second edition provides an expanded treatment of certain critical topics. The reader now includes an entire chapter devoted to race and wrongful convictions and provides expanded treatment of the intersections between gender, sexual orientation, and disability and wrongful conviction. The addition of these topics in expanded form creates new options for instructors to explore timely topics in the field of compelling concern to many contemporary students. As before, the book remains more than a mere 'reader' of literature in the field, but rather a book that can serve as the principal text in doctrinal as well as experiential courses. Each chapter is divided into three sections that include: readings, current law overview--which summarizes the key cases in the area; and legal materials, exercises, and media--which provides relevant experiential activities. Examples from the legal materials, exercises, and media sections includes: Recommended listening and viewing: timed excerpts from podcast episodes, films, and television clips; Oral advocacy exercises: mock bail arguments, parole hearings, testimony before the state legislature, presentations to the state rules committee, appellate oral arguments; Written advocacy exercises: practice motions and comparing state statutes; Issue spotting exercises: transcripts from interrogations and in-court testimony; Review: reflective essays, short answer questions, and true/false questions; Team exercises: plea negotiations; Discussion prompts; and Actual wrongful conviction case documents.
Author : Jim Dwyer,Peter J. Neufeld,Barry Scheck
Publisher : Doubleday Books
Page : 314 pages
File Size : 44,8 Mb
Release : 2000
Category : Law
ISBN : 9780385493413
Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison
Author : Kent Roach
Publisher : Simon and Schuster
Page : 400 pages
File Size : 54,9 Mb
Release : 2023-04-18
Category : Law
ISBN : 9781668023662
"A top legal scholar explains Canada's national tragedy of wrongful convictions, how anyone could be caught up in them, and what we can do to safeguard justice. Canada's legal system has a serious problem: a significant number of people are in prison for crimes they didn't commit. There are famous cases of wrongful convictions, such as David Milgaard, Guy Paul Morin, and Donald Marshall Jr., who were all innocent of the murders for which they were found guilty. But there are lesser-known cases that illustrate just how widespread our issues are, and how they put everyone at risk. Kent Roach, law professor, government advisor, and award-winning author, has dedicated his illustrious career to documenting this phenomenon. His work reveals that, yes, some people are found guilty of crimes they didn't commit. But also there are two other kinds of wrongful convictions: people who feel they have no option but to plead guilty, and people convicted of crimes that were imagined by experts or the police that never, in fact, happened. Wrongfully Convicted raises awareness of these issues and makes a compelling case that injustices cannot be solved by DNA exonerations alone. The problems run deeper. But there are solutions, including the creation of a permanent federal commission to evaluate and address wrongful convictions. Kent Roach's research and vast knowledge point to systemic failings in our legal system. But he also outlines changes we can make to ensure a more fair and equitable society. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians."--
Author : Stephanos Bibas
Publisher : Oxford University Press
Page : 318 pages
File Size : 49,9 Mb
Release : 2012-04-26
Category : Law
ISBN : 9780195374681
The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.
Author : John A. Humphrey,Kaitlyn M. Clarke
Publisher : Charles C Thomas Publisher
Page : 262 pages
File Size : 40,5 Mb
Release : 2018-01-04
Category : Criminal justice, Administration of
ISBN : 9780398092061
The magnitude of wrongful conviction is increasing across the country and around the world, with individuals arrested, convicted, and incarcerated for extended periods of time. This book provides an understanding of legal remedies, organizational reforms, and policy changes that have been proposed and implemented. In various jurisdictions, these procedures reduce the likelihood of a wrongful conviction. Legal and organizational reforms and changes in criminal justice policy are considered at three key junctures of the process: (1) the investigation, evidence gathering, and forensic analysis, (2) prosecutorial decision-making, and (3) the judicial review and exoneration of a wrongfully convicted defendant. Each chapter opens with a wrongful case vignette that illustrates the reform strategies being considered. The investigatory process is studied on each case, and the police process is analyzed in detail. Part 1 includes the introductory chapter that provides an overview of wrongful convictions, and the investigatory process routinely employed to gather evidence and identify a suspect. The analysis of forensic evidence is explored, including the chain of custody, contamination of the evidence, misinterpretation, and the falsification of forensic reports. Part 2 focuses on the prosecutors, defense attorneys, judges and juries. Plea bargaining strategies, coaching witnesses, violations of the rules of discovery, use of jailhouse snitches, inadequate defense counseling, lack of preparation and adequate resources are examined. Part 3 analyzes the processes involved in the reversal of wrongful convictions, the judicial review, and obstacles encountered in the exoneration process. In addition, the authors provide a thorough analytical overview of the criminal justice processes involved in wrongful conviction and the reforms that are needed to prevent and reverse injustices. This book is an invaluable resource for prosecutors, defense attorneys, judges, advocates for the wrongfully convicted, criminal justice policymakers, law and society, and will contribute to academic courses in the fields of criminology and justice.
Author : Ralph Grunewald
Publisher : NYU Press
Page : 288 pages
File Size : 53,5 Mb
Release : 2023-07-11
Category : Social Science
ISBN : 9781479818204
Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality and the evidence for it. That law and storytelling are connected is a common trope, but we know surprisingly little about the intricate role storytelling plays in criminal cases and wrongful convictions in particular. This book questions the effectiveness of the adversarial contest between prosecutor and defense as a means to arrive at the truth and argues that narrative is an important a factor in the construction of legal reality. Wrongful convictions exemplify that narrative and truth have an uncomfortable relationship. Ralph Grunewald provides a retelling and reading of well-known miscarriages of justice, including the best-known wrongful conviction in Germany. Applying a comparative perspective shows that the narrative desire as a human trait has a universal power with a persistence that transcends the regulatory and procedural setup of a given system. Narratives of Guilt and Innocence puts wrongful convictions into an interdisciplinary and comparative context and vividly demonstrates just how much the process of storytelling affects legal reality.
Author : National Research Council,Division on Earth and Life Studies,Commission on Life Sciences,Committee on DNA Technology in Forensic Science
Publisher : National Academies Press
Page : 199 pages
File Size : 46,5 Mb
Release : 1992-02-01
Category : Science
ISBN : 9780309045872
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Author : Michael Lynch,Simon A. Cole,Ruth McNally,Kathleen Jordan
Publisher : University of Chicago Press
Page : 415 pages
File Size : 48,7 Mb
Release : 2010-02-15
Category : Science
ISBN : 9780226498089
DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. Truth Machine traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. Ultimately, Truth Machine presents compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.
Author : Hugo Adam Bedau,Paul G. Cassell
Publisher : Oxford University Press
Page : 260 pages
File Size : 40,9 Mb
Release : 2005-03-24
Category : History
ISBN : 0195179803
Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.