All Articles tagged wrongful convictions

• Justice Commentaries
  September 27, 2020 EDT
  OBSTACLES AND BARRIERS AFTER EXONERATION
  Lily GoldbergNicole GuillenNicole HernandezLora M. Levett

  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
  THE RAGE AGAINST THE FELONY MURDER RULE TRAP WHEN JUVENILES ARE PROSECUTED FOR MURDER IN CO-FELON KILLINGS
  Derrick Augustus Carter

  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.

• Justice Commentaries
  September 27, 2020 EDT
  POSTCONVICTION INNOCENCE REVIEW IN THE AGE OF PROGRESSIVE PROSECUTION
  Elizabeth Webster

  This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.

• Justice Commentaries
  September 27, 2020 EDT
  PERCEPTIONS OF EXONEREES: A REVIEW OF THE PSYCHOLOGICAL SCIENCE
  Lakia FaisonLaura Smalarz

  This article reviews psychological research on the reintegration challenges faced by exonerees with a particular emphasis on social perceptions of exonerated individuals.

• Justice Commentaries
  July 17, 2018 EDT
  SHAKEN BABY SYNDROME: AS A CONTROVERSY IN WRONGFUL CONVICTION CASES
  Eza Bella Zakirova

  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
  FINGERPRINTS AND MISCARRIAGES OF JUSTICE: “OTHER” TYPES OF ERROR AND A POST-CONVICTION RIGHT TO DATABASE SEARCHING
  Simon A. ColeBarry C. Scheck

  This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.

• Justice Commentaries
  July 17, 2018 EDT
  THE BEST INSURANCE AGAINST MISCARRIAGES OF JUSTICE CAUSED BY JUNK SCIENCE: AN ADMISSIBILITY TEST THAT IS SCIENTIFICALLY AND LEGALLY SOUND
  Edward J. Imwinkelried

  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.

• State Constitutional Commentary
  May 05, 2017 EDT
  WHERE SCIENCE CONFLICTS WITH COMMON SENSE: EYEWITNESS IDENTIFICATION REFORM IN MASSACHUSETTS
  Ralph D. GantsErik N. Doughty

  This essay follows eyewitness identification reform in Massachusetts.

• New York Appeals
  May 03, 2017 EDT
  NEW YORK DISCOVERY REFORM PROPOSALS: A CRITICAL ASSESSMENT
  Vincent Stark

  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
  ELEPHANTS IN THE COURTROOM: EXAMINING OVERLOOKED ISSUES IN WRONGFUL CONVICTIONS
  James R. AckerAllison D. RedlichCatherline L. BonventreRobert J. Norris

  Foreword to Miscarriages of Justice volume.

• Justice Commentaries
  December 17, 2016 EDT
  INNOCENCE PROJECT: DNA EXONERATIONS, 1989-2014: REVIEW OF DATA AND FINDINGS FROM THE FIRST 25 YEARS
  Emily WestVanessa Meterko

  This report offers a first-time comprehensive review of data collected by the Innocence Project on DNA exonerations.

• Justice Commentaries
  December 17, 2016 EDT
  A NEARLY PERFECT SYSTEM FOR CONVICTING THE INNOCENT
  Albert W. Alschuler

  This essay argues that plea bargaining plainly makes it advantageous for innocent defendants with good prospects of acquittal to plead guilty.

• Justice Commentaries
  December 17, 2016 EDT
  ELEPHANTS IN THE STATION HOUSE: SERIAL CRIMES, WRONGFUL CONVICTIONS, AND EXPANDING WRONGFUL CONVICTION ANALYSIS TO INCLUDE POLICE INVESTIGATION
  Marvin ZalmanMatthew Larson

  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
  ORWELL’S ELEPHANT AND THE ETIOLOGY OF WRONGFUL CONVICTIONS
  James M. Doyle

  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?

• Justice Commentaries
  August 03, 2015 EDT
  DEATH, BUT IS IT MURDER? THE ROLE OF STEREOTYPES AND CULTURAL PERCEPTIONS IN THE WRONGFUL CONVICTIONS OF WOMEN
  Andrea L. LewisSara L. Sommervold

  This article promotes further study of the wrongful convictions of women and make policy recommendations to reduce those wrongful convictions.

• Justice Commentaries
  August 03, 2015 EDT
  DEATH, BUT IS IT MURDER? THE ROLE OF STEREOTYPES AND CULTURAL PERCEPTIONS IN THE WRONGFUL CONVICTIONS OF WOMEN
  Andrea L. LewisSara L. Sommervold

  This article promotes further study of the wrongful convictions of women and make policy recommendations to reduce those wrongful convictions.

• Justice Commentaries
  October 16, 2014 EDT
  THE LIMITS OF DECEPTION: AN END TO THE USE OF LIES AND TRICKERY IN CUSTODIAL INTERROGATIONS TO ELICIT THE “TRUTH”?
  Dorothy Heyl

  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.

• Justice Commentaries
  October 16, 2014 EDT
  SUSTAINABILITY OF INNOCENCE REFORM
  Marvin ZalmanJulia Carrano

  This article examines the innocence movement from a broad policy approach in order to assess the prospect of effecting meaningful criminal justice reforms.

• Justice Commentaries
  June 11, 2013 EDT
  THE FLIPSIDE INJUSTICE OF WRONGFUL CONVICTIONS: WHEN THE GUILTY GO FREE
  James R. Acker

  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
  THE DIALECTICS OF RACIAL GENETICS
  Christian B. Sundquist

  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.

• Justice Commentaries
  May 05, 2012 EDT
  PUBLIC PERCEPTION OF WRONGFUL CONVICTION: SUPPORT FOR COMPENSATION AND APOLOGIES
  Kimberly A. ClowIsabella M. BlandisiRose RicciardelliRegina A. Schuller

  To investigate public perception of compensation, face-to-face interviews were conducted with fifteen community members. Findings suggest that all interviewees believed that individuals who have been wrongly convicted should receive compensation.

• Justice Commentaries
  May 05, 2012 EDT
  THE UNPREDICTABLE JOURNEY
  Jennifer Thompson

  In this essay, the author recounts her experience misidentifying an innocent person that was later convicted for rape.

• Justice Commentaries
  May 05, 2012 EDT
  THE CASEY ANTHONY TRIAL AND WRONGFUL EXONERATIONS: HOW TRIAL BY MEDIA‖CASES DIMINISH PUBLIC CONFIDENCE INTHE CRIMINAL JUSTICE SYSTEM
  Nicholas A. Battaglia

  This article argues that the phenomenon of a wrongful exoneration is birthed primarily through a trial by media.

• New York Appeals
  March 03, 2012 EDT
  MORE THAN MEETS THE EYE: A CLERK’S PERSPECTIVE OF CHIEF JUDGE JONATHANLIPPMAN
  Margaret Nyland Wood

  This article, written by a previous clerk for Chief Judge Lippman, offers stories highlighting the attributes the author believes make Judge Lippman a better Judge.

• Justice Commentaries
  March 04, 2011 EDT
  “THAN THAT ONE INNOCENT SUFFER”: EVALUATING STATE SAFEGUARDS AGAINST WRONGFUL CONVICTIONS
  Robert J. NorrisCatherine L. BonventreAllison D. RedlichJames R. Acker

  This article comprehensively describes and analyzes current state policy initiatives in several areas relevant to the prevention of wrongful convictions.

• Justice Commentaries
  March 04, 2011 EDT
  AN INTEGRATED JUSTICE MODEL OF WRONGFUL CONVICTIONS
  Marvin Zalman

  This article offers an interdisciplinary model of the innocence movement—the Integrated Justice Model—which complements the innocence paradigm that emerged from and has shaped the innocence movement.

• State Constitutional Commentary
  August 08, 2010 EDT
  EDITOR’S FOREWORD
  Vincent Martin Bonventre

  This issue is devoted to wrongful convictions and related injustices.

• State Constitutional Commentary
  August 08, 2010 EDT
  WRONGFUL CONVICTIONS:UNDERSTANDING AND ADDRESSING CRIMINAL INJUSTICE
  Jonathan Lippman

  Judge Lippman's symposium remarks.

• State Constitutional Commentary
  August 08, 2010 EDT
  WRONGFUL CONVICTIONS THEN AND NOW: LESSONS TO BE LEARNED
  James R. Acker

  Professor Acker's symposium remarks.

• State Constitutional Commentary
  August 08, 2010 EDT
  A CONVICTION INTEGRITY INITIATIVE
  Cyrus R. Vance Jr.

  Mr. Vance's symposium remarks.

• State Constitutional Commentary
  August 08, 2010 EDT
  EXTRAORDINARY WRONGFUL CONVICTIONS, ORDINARY ERRORS—WHY MEASUREMENT MATTERS
  Amy Bach

  Ms. Bach's symposium remarks.

• State Constitutional Commentary
  August 08, 2010 EDT
  ADVERSARIES AS ALLIES: JOINING TOGETHER TO PREVENT CRIMINAL INJUSTICE
  Stephen Saloom

  Mr. Saloom's symposium remarks.