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Full-Text Articles in Law
Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg
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
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
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
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
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
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
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
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
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.