Miscarriages of Justice

Miscarriages of Justice is a special interdisciplinary issue of the Albany Law Review, published annually in collaboration with the University at Albany School of Criminal Justice.  The Law Review’s fourth annual Miscarriages of Justice issue anticipates publication in the spring of 2014.  The theme for the 2013–2014 issue is:

The Law’s Pursuit of Truth and Justice: Congruence and Conflict

Truth and justice, both valued objectives of systems of law, are not synonymous.  Although often interrelated and congruent, they frequently co-exist in tension and occasionally are at loggerheads.  The fourth annual Miscarriages of Justice issue of the Albany Law Review, published in partnership with the University at Albany School of Criminal Justice, invites submissions that examine the fundamental relationship between truth and justice in law.  Of particular interest are articles that explore and/or dispute the existence of circumstances under which justice arguably is best served (or only served) by ignoring or compromising the truth—or vice versa.

Example issues within the general theme:

1. Plea bargaining and under-sentencing

2. The Exclusionary Rule

3. Specialized tribunals—i.e., those exclusively dedicated to juvenile, veteran, drug-dependent, domestic violence, or mentally ill offenders

4. The prohibition against double jeopardy

5. The rules of evidence: adversarial system versus a search for the truth

6. Attorney-client privilege: the duty to zealously represent your client

7. Sixth Amendment right to a speedy trial

8. Fifth Amendment right against self-incrimination

9. Voluntary but non-Mirandized confessions

Can justice be promoted in law when the truth is skewed or deliberately disserved?  Are there circumstances under which the truth must be subverted for justice to be dispensed under law?  Is truth—the whole and nothing but—either a sufficient or necessary condition for justice?  The Albany Law Review invites the submission of articles that explore these and related questions. 

Articles must be submitted no later than December 1, 2013 to be considered for inclusion in the 2013–2014 Miscarriages of Justice issue.  For further information or if interested in submitting to the fourth annual issue of Miscarriages of Justice, please contact Keri Bagala, Executive Editor for Miscarriages of Justice of the Albany Law Review, at kbagala@albanylaw.edu or by phone at (914) 299-6511.  For a pdf version, click here.

Volume 75

Foreword

Saundra D. Westervelt & Kimberly J. Cook, Foreword, 75 Alb. L. Rev. 1223 (2011/2012).

Articles

Amy Shlosberg et al. The Expungement Myth, 75 Alb. L. Rev. 1229 (2011/2012).

Randall Grometstein & Jennifer M. Balboni, Backing Out of a Consitutional Ditch: Constitutional Remedies for Gross Prosecutorial Misconduct Post Thompson, 75 Alb. L. Rev. 1243 (2011/2012).

Michael Leo Owens & Elizabeth Griffiths, Uneven Reparations for Wrongful Convictions: Examining the State Politics of Statutory Compensation Legislation, 75 Alb. L. Rev. 1283 (2011/2012).

Rachel Dioso-Villa, Without Legal Obligation: Compensating the Wrongfully Convicted in Australia, 75 Alb. L. Rev. 1329 (2011/2012).

Adina M. Thompson et al., After Exoneration: An Investigation of Stigma and Wrongfully Convicted Persons, 75 Alb. L. Rev. 1373 (2011/2012).

Kimberly Clow et al., Public Perception of Wrongful Convictions: Support for Compensation and Apologies, 75 Alb. L. Rev. 1415 (2011/2012).

Rose Ricciardelli et al., "Now I See It For What It Really Is": The Impact of Participation in an Innocence Project Practicum on Criminology Students, 75 Alb. L. Rev. 1439 (2011/2012).

Elizabeth S. Vartkessian & Jared P. Tyler, Legal and Social Exoneration: The Consequenses of Michal Toney's Wrongful Conviction, 75 Alb. L. Rev. 1467 (2011/2012).

Personal Reflections

Personal Reflections, Introduction, 75 Alb. L. Rev. 1499 (2011/2012).

Ronald Keine, When Justice Fails: Collateral Damage, 75 Alb. L. Rev. 1501 (2011/2012).

Nancy Vollertsen, Wrongful Conviction: How a Family Survives, 75 Alb. L. Rev. 1509 (2011/2012).

Jennifer Thompson, The Unpredictable Journey, 75 Alb. L. Rev. 1529 (2011/2012).

Mark Rabil, My Three Decades With Darryl Hunt, 75 Alb. L. Rev. 1535 (2011/2012).

Comments

Nicholas A. Battaglia, The Casey Anthony Trial and Wrongful Exonerations: How "Trial by Media" Cases Diminish Public Confidence in the Criminal Justice System, 75 Alb. L. Rev. 1579 (2011/2012).

Nicholas Faso, Civil Disobedience in the Supreme Court: Retroactivity and the Compromise Between Formal and Substantive Justice, 75 Alb. L. Rev. 1613 (2011/2012).