Twenty-Five Years of Freeing the Innocent Daniel S. Medwed ... introduction The other thoughtful chapters in this book call for action to prevent factually innocent defendants from being convicted at trial. These chapters quite rightly ...
Author: Daniel S. Medwed
Publisher: Cambridge University Press
For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.
The Risks and Rewards of Redefining Innocence' in D Medwed (ed), Wrongful Convictions and DNA Revolution: Twenty-Five Years of Freeing the Innocent (Cambridge, Cambridge University Press, 2017) 66. See also, K Findley, ...
Author: Genevieve Lennon
Publisher: Bloomsbury Publishing
The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.
It Wasn't DNA Evidence That Got Him Out,” The New Republic, Apr. 22, 2020; Aaron Miguel Cantú, “Ring of Snitches: How Detroit ... Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent 85–98 (Cambridge: ...
Author: Alexandra Natapoff
Publisher: NYU Press
Reveals the secretive, inaccurate, and often violent ways that the American criminal system really works Curtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the “informant bible,” a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff’s own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.
Wrongful convictions and DNA revolution: Twenty-five years of freeing the innocent. Cambridge University Press. Meili, T. (2003). I am the Central Park Jogger: A story of hope and possibility. Thorndike Press.
Author: Nicky Jackson
Publisher: Taylor & Francis
This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general—all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.
“Can We Protect the Innocent without Freeing the Guilty? Thoughts on Innocence Reforms That Avoid Harmful Tradeoffs.” In Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, edited by Daniel S. Medwed, ...
Author: Rosolino Candela
Publisher: Rowman & Littlefield
Category: Political Science
Institutions and Incentives in Public Policy: An Analytical Assessment of Non-Market Decision-Making explores, both in theory and in practice, the consequences of using public policy as a tool to achieve specific individual and social goals, as well as its impact on private solutions to address such goals. The chapters examine the institutional incentives that operate in non-market settings, both governmental and non-governmental, using the theoretical frameworks of market process theory and public choice theory, they analyze a diverse set of contemporary public policy issues at both the domestic and international levels. Authored by individuals from a variety of disciplines with diverse interests in public policy, this work includes discussions of topics, such as foreign aid, education policy, environmental policy, health care policy, and the construction of private cities. This volume is relevant to scholars, students, policymakers, and knowledgeable citizens interested in the study of economics, political science, public policy, as well as those interested in particular policies rather than specific disciplines.
The Innocence Project estimates that 15 percent of the wrongful conviction cases involved false testimony by ... in Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent 85 (Daniel Medwed ed., 2017). 4.
Author: Sanford H. Kadish
Publisher: Aspen Publishing
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. New to the Eleventh Edition: Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021. In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses Broader exploration of what society chooses to criminalize and prioritize for enforcement Updated notes to incorporate contemporary cases and recent news touching on criminal law Inclusion of additional preeminent cases in the field of criminal law, including: Kahler v. Kansas as a principal case in the material on the insanity defense Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad Professors and students will benefit from: Cohesive Intellectual Framework Grounds student understanding of criminal law as an instrument of social control?and provides analytical tools to interpret and understand doctrine Holistic approach encourages students to develop an understanding of principles and rules applicable to all crimes Cases-and-notes pedagogy Includes excerpted materials, questions, and problems useful for Socratic instruction and policy discussions Challenging Problems ? Places discussion of the law and policy in relevant, real-world scenarios Enhance students’ understanding of basic principles and test their application of these principles to particular offenses
How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal Alexandra Natapoff ... in the Age of Plea Bargaining,” in Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, ed.
Author: Alexandra Natapoff
Publisher: Hachette UK
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
... History of the Innocence Movement (New York University Press, 2017) as well as the citations from the papers found in Wrongful Convictions and the DNA Revolution: TwentyFive Years of Freeing the Innocent (Cambridge University Press, ...
Author: Heather L. Rivera
Publisher: Open Court Publishing
In 1933 the crime writer Erle Stanley Gardner, himself a practicing lawyer, unleashed the character Perry Mason in the novel The Case of the Velvet Claws. Perry Mason entered into public consciousness as a new conception of the role of the defense lawyer, so that millions of Americans came to expect every criminal trial to have its “Perry Mason moment.” In the 1950s the Perry Mason TV show had a phenomenal success, and Mason came to be identified with Raymond Burr. Now Perry Mason has again been restored to life in the HBO series starring Matthew Rhys and John Lithgow. Meanwhile, the eighty-two original Erle Stanley Gardner novels continue to sell thousands of copies each week. Perry Mason gave America a new conception of the trial lawyer, as someone who was always loyal to his client and always prepared to use dirty tricks such as misdirection and withholding of evidence to protect the innocent and secure the ends of Justice. The Mason of the novels is less scrupulous than the Raymond Burr Mason, and would sometimes be in danger of going to jail if the trial didn’t turn out right—which it always did, largely because of Mason’s cleverness. The Perry Mason icon raises many philosophical issues explored by seventeen different philosophers in this book, including: ● Can we defend Paul Drake’s claim (The Case of the Blonde Bonanza) that Mason is “a paragon of righteous virtue” despite his predilection for skating on thin legal ice? ● Can complex murder cases be solved by facts alone—or do we also need empathy? ● The most convincing way to give a TV episode a surprise ending is by the guilty person suddenly confessing. But in reality, is a confession necessarily so convincing? ● Does Perry Mason represent the Messiah? ● How does the Raymond Burr Perry Mason compare with the more recent TV character Saul Goodman (Breaking Bad and Better Call Saul)? ● Is it morally okay to mislead the police if this helps your client and your client is innocent? ● How does Perry Mason help us understand the distinction between natural law and positive law? ● Do the Perry Mason stories comply with Aristotle’s recipe for a good work of fiction? ● Does life imitate art, when Perry Mason is cited in real-life courtroom arguments? ● How much trickery can be justified by loyalty to one’s client? ● Can evidence in murder trials be evaluated by probability theory? ● Perry Mason is officially a lawyer and unofficially a detective. But isn’t he really a historian and a psychgoanalayst? ● Della Street is a competent legal secretary, but is she something more? ● Mason often says that “Eye-witness testimony is the worst kind of evidence” and occasionally that “Circumstantial evidence is the best evidence we have.” Can these claims be defended?