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Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Washington and Lee Law Review
Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …
Evidence-Proper Agency For Determining The Voluntary Character Of A Confession In A Criminal Trial
Evidence-Proper Agency For Determining The Voluntary Character Of A Confession In A Criminal Trial
Washington and Lee Law Review
No abstract provided.
The Presumption Of Innocence In Criminal Cases
The Presumption Of Innocence In Criminal Cases
Washington and Lee Law Review
No abstract provided.