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Criminal Procedure

Wrongful convictions

2014

Jonathan S Simon

Articles 1 - 3 of 3

Full-Text Articles in Law

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon Dec 2013

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …


Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon Dec 2013

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …


Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon Dec 2013

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …