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Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Jessica S. Henry
Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …
Ending Innocence Denying, Lara Bazelon
Ending Innocence Denying, Lara Bazelon
Hofstra Law Review
Prosecutors, the most powerful actors in the criminal justice system, also have the most difficult job: they must be "ministers of justice." A prosecutor's core mission is to vindicate the truth, rather than strive to "win" by accumulating a track record of convictions. When evidence somes to light suggesting that a wrongful conviction has occurred, a prosecutor's ethical obligation requires admitting to a terrible mistake and working to undo it. Many conscientious prosecutors accept this responsibility and confess to their errors. But too many do not. They insist, in the face of overwhelming evidence to the contrary, that wrongfully convicted …
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus
Other Publications
Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners …
Legal Innocence And Federal Habeas, Leah Litman
Legal Innocence And Federal Habeas, Leah Litman
Articles
Although it has long been thought that innocence should matter in federal habeas corpus proceedings, innocence scholarship has focused almost exclusively on claims of factual innocence-the kind of innocence that occurs when new evidence reveals that the defendant did not commit the offense for which he was convicted. The literature has largely overlooked cases where a defendant was convicted or sentenced under a statute that is unconstitutional, or a statute that does not apply to the defendant. The Supreme Court, however, has recently begun to recognize these cases as kinds of innocence and it has grounded its concern for them …
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Department of Justice Studies Faculty Scholarship and Creative Works
Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …
"Mirrors Can Only Lie:" The Search For Masked Self-Knowledge In The Work Of James Baldwin, Chloe Zeff Fields
"Mirrors Can Only Lie:" The Search For Masked Self-Knowledge In The Work Of James Baldwin, Chloe Zeff Fields
Senior Projects Spring 2018
An analysis of hidden self-knowledge in James Baldwin's writing. James Baldwin is a political psychologist who seeks to understand the self through what it remains "innocent" to. I explore Baldwin's metaphors and concepts of "masked" knowledge, and argue that Baldwin translates psychological tropes into political ones.