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Criminal Procedure

Selected Works

Innocence

Articles 1 - 4 of 4

Full-Text Articles in Law

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry Dec 2018

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Jessica S. Henry

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …


The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal Aug 2016

The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal

Avishalom Tor

Nearly all felony convictions - about 95 percent - follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty …


Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb Dec 2014

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Sherry Colb

No abstract provided.


Proportional Mens Rea, Stephen F. Smith Nov 2013

Proportional Mens Rea, Stephen F. Smith

Stephen F. Smith

No abstract provided.