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Cause And Conviction: The Role Of Causation In Section 1983 Wrongful Conviction Claims, Teressa E. Ravenell

Working Paper Series

The United States criminal justice system convicts, incarcerates, and, in some instances, executes people for crimes of which they are innocent. Although wrongful convictions may be an inevitable consequence of our criminal justice system, it would seem that a person wrongly deprived of his liberty is entitled to a civil remedy to compensate for the mistakes of the criminal system. Yet persons wrongly convicted of crimes who bring actions under 42 U.S.C. section 1983 for an erroneous arrest, detention, or conviction are often denied monetary compensation.

This Article considers the role of causation in section 1983 wrongful conviction cases. Although …