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Full-Text Articles in Law

Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg Apr 2012

Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg

University of Michigan Journal of Law Reform

This Note proposes that states should develop error-correction bodies to identify past errors that have resulted in wrongful convictions of people accused of shaking a child. These institutions, which I call SBS Review Panels, would be similar to the error-correction bodies and commissions that have recently been established throughout the world to deal with various sorts of wrongful convictions. An SBS-specific commission should be developed because of the high level of scientific expertise that is required to fully understand this diagnosis and the problems associated with using the triad of medical findings as evidence of the defendant's conduct. Part I …


Remedying Wrongful Execution, Meghan J. Ryan Feb 2012

Remedying Wrongful Execution, Meghan J. Ryan

University of Michigan Journal of Law Reform

The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …


Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman Feb 2012

Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman

Michigan Law Review

Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that fact finders often adjust the evidentiary threshold for conviction in accordance with the severity of the applicable sanction. All things being equal, the higher the sanction, the higher the standard of proof that fact finders will apply in order to convict. Building on this insight, this Article introduces a new paradigm for criminal punishments-a paradigm that focuses on designing penalties that will reduce the risk of unsubstantiated …


Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel Jan 2012

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.


Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware Jan 2012

Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware

NYLS Law Review

No abstract provided.


Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger Jan 2012

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.


Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell Jan 2012

Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell

NYLS Law Review

No abstract provided.


Models Of Justice To Protect Innocent Persons, Tim Bakken Jan 2012

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.


The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman Jan 2012

The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman

NYLS Law Review

No abstract provided.