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University of Michigan Law School

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Criminal Law

Innocence

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Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus Jul 2018

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus

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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 ...


Witness Recantation Study: Preliminary Findings, Samuel R. Gross, Alexandra E. Gross Jan 2013

Witness Recantation Study: Preliminary Findings, Samuel R. Gross, Alexandra E. Gross

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In September 2012, the National Registry of Exonerations began a research study of all the cases in our database that involve post-conviction recantations by witnesses or victims. This is the first systematic study of recantations ever conducted. Its purpose is to identify patterns and trends among these cases, with a particular focus on the circumstances that first elicit the false testimony, and on the official reactions to the recantations by judges and other authorities. Our data set includes all the cases in the Registry as of February 28, 2013 – a total of 1,068 cases, 250 of which involve recantations ...


Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer Jan 2012

Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer

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This report is about 873 exonerations in the United States, from January 1989 through February 2012. Behind each is a story, and almost all are tragedies. The tragedies are not limited to the exonerated defendants themselves, or to their families and friends. In most cases they were convicted of vicious crimes in which other innocent victims were killed or brutalized. Many of the victims who survived were traumatized all over again, years later, when they learned that the criminal who had attacked them had not been caught and punished after all, and that they themselves may have played a role ...