All Articles tagged wrongful conviction
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Justice Commentaries September 27, 2020 EDT If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.
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Justice Commentaries September 27, 2020 EDT The resistance to scientific challenge by the forensic odontologists in their editorial, Epidermis and Enamel, reflects the rear guard defensiveness displayed by other forensic analysts and unprogressive prosecutors.
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Justice Commentaries September 27, 2020 EDT This article reviews existing obstacles exonerees may face in the areas of compensation, mental health, and reentry issues and suggest solutions for exonerated individuals in these areas.
- Justice Commentaries
September 27, 2020 EDT This article addresses the felony murder rule where juvenile and adult accomplices are liable for co-felon deaths at the hands of victims or police.
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Justice Commentaries September 27, 2020 EDT This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.
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Justice Commentaries September 27, 2020 EDT This article reviews psychological research on the reintegration challenges faced by exonerees with a particular emphasis on social perceptions of exonerated individuals.
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Justice Commentaries May 28, 2019 EDT This paper defines the no crime phenomenon and further explains how an accident, suicide, or a fabricated crime can be wrongly determined to be a crime before adjudication.
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New York Appeals October 12, 2018 EDT This paper presents an account of wrongful liberty and a first-of-its-kind documentation of all known crimes of wrongful liberty in a single state, North Carolina.
- Justice Commentaries
July 17, 2018 EDT This article discusses Shaken Baby Syndrome (SBS) as a controversial medical diagnosis and examines how misdiagnosis of SBS has led to wrongful convictions.
- Justice Commentaries
July 17, 2018 EDT This article examines the several stages of Texas capital prosecutions in which unreliable expert and scientific opinions have contributed to the prosecution and execution of persons accused of committing murder.
- Justice Commentaries
July 17, 2018 EDT This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.
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Justice Commentaries July 17, 2018 EDT This article argues that the many courts current standard for admitting expert testimony contributes to wrongful convictions based on scientific errors and proposes two new standards in their place.
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Justice Commentaries July 17, 2018 EDT This article examines the admissibility and reliability of forensic science in the courtroom.
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State Constitutional Commentary May 05, 2017 EDT This essay follows eyewitness identification reform in Massachusetts.
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New York Appeals May 03, 2017 EDT This paper examines proponents’ claims for discovery reform with a critical eye, and concludes that their proposed reforms would not achieve their ends.
- Justice Commentaries
December 19, 2016 EDT Foreword to Miscarriages of Justice volume.
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Justice Commentaries December 17, 2016 EDT This report offers a first-time comprehensive review of data collected by the Innocence Project on DNA exonerations.
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Justice Commentaries December 17, 2016 EDT This essay argues that plea bargaining plainly makes it advantageous for innocent defendants with good prospects of acquittal to plead guilty.
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Justice Commentaries December 17, 2016 EDT In this article the authors advocate that the study of miscarriages of justice be expanded to view the entirety of police crime investigation as a source of wrongful convictions.
- Justice Commentaries
December 08, 2016 EDT This essay considers the question: is the challenge presented by wrongful convictions one best approached as protecting a safe system from amoral people or one of repairing a vulnerable system?
- General
June 10, 2016 EDT The first systematic empirical study of how the American criminal justice system discovers and responds to factual error based on actual innocence.
- Justice Commentaries
August 03, 2015 EDT This article promotes further study of the wrongful convictions of women and make policy recommendations to reduce those wrongful convictions.
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Justice Commentaries August 03, 2015 EDT This article considers how gendered and raced biases play fundamental roles in creating the crime and suspect typifications that take hold and shape the practices of criminal justice system actors.
- Justice Commentaries
August 03, 2015 EDT This article promotes further study of the wrongful convictions of women and make policy recommendations to reduce those wrongful convictions.
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Justice Commentaries August 03, 2015 EDT This article considers how gendered and raced biases play fundamental roles in creating the crime and suspect typifications that take hold and shape the practices of criminal justice system actors.
- General
March 23, 2015 EDT This article argues that where the balance favors disclosure of the confession, the court should permit disclosure of this otherwise confidential information.
- Justice Commentaries
October 16, 2014 EDT This article argues that after People v. Thomas, police departments will need to exercise caution in conducting interrogations, and should not assume that any form of deception is permissible.
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Justice Commentaries October 16, 2014 EDT This article examines the innocence movement from a broad policy approach in order to assess the prospect of effecting meaningful criminal justice reforms.
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Justice Commentaries October 16, 2014 EDT This article examines the gap between the German criminal justice system in theory and how it works in reality, using the Rupp case as an example.
- Justice Commentaries
June 11, 2013 EDT The thesis of this article is that indulging an inflexible mindset of "us-against-them" in the context of miscarriages of justice is not only misguided but also counterproductive.
- Justice Commentaries
June 11, 2013 EDT This article calls upon the instruments of dialectic and narrative to analyze an extremely troubling scientific and judicial phenomenon: the re-emergence of biological theories of race in the twenty-first century.
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Justice Commentaries May 05, 2012 EDT In this article the authors argue that absolute immunity protects both the honest and the dishonest prosecutor.