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Pace Law Faculty Publications

Wrongful convictions

2009

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Avoiding Wrongful Convictions: Re-Examining The "Wrong-Person" Defense, Lissa Griffin Jan 2009

Avoiding Wrongful Convictions: Re-Examining The "Wrong-Person" Defense, Lissa Griffin

Pace Law Faculty Publications

This Article reviews the history of the right to present a defense and closely examines the United States Supreme Court's modern analysis of that right. Part III analyzes the emergence of the right to present a defense that a third party committed the crime and concludes with a discussion of the Supreme Court's recent decision in South Carolina v. Holmes. Part IV then describes the current restrictive implementation of the wrong-person defense by the lower courts. Part V argues that the constitutional right to present a wrong-person defense is being insufficiently protected under current, arbitrary standards, and prescribes ...