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A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
James W. Diehm
A recent Gallup poll found that only 20% of Americans have a substantial amount of confidence in our criminal justice system, a 14% decline from only four years ago. Since the legitimacy of our criminal justice system depends upon the public’s confidence in that system, this is matter of great concern. As a result of my acquaintance with both our system and the inquisitorial system used in Europe and elsewhere, I am aware of the specific areas that lead the American public to distrust our process and the way in which those areas are dealt with in the inquisitorial system. …
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Richard A. Leo
There has been an explosion of legal scholarship on wrongful convictions in the last decade, reflecting a growing concern about the problem of actual innocence in the criminal justice system. Yet criminal law and procedure scholars have engaged in relatively little dialogue or collaboration on this topic with criminologists. In this article, we use the empirical study of wrongful convictions to illustrate what criminological approaches—or, more broadly, social science methods—can teach legal scholars. After briefly examining the history of wrongful conviction scholarship, we discuss the limits of the (primarily) narrative methodology of legal scholarship on wrongful convictions. We argue that …