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Full-Text Articles in Law
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles
Adam Lamparello
Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable.Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percent of those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although prosecutorial misconduct …
The Court Says No To Incorporation Rebound: Virginia V. Moore, Morris B. Hoffman
The Court Says No To Incorporation Rebound: Virginia V. Moore, Morris B. Hoffman
Morris B. Hoffman
Abstract: “In this article, Judge Hoffman analyzes the history of incorporation and of the common law arrest authority, in an attempt to demonstrate that the actual manner in which incorporated rights have been thrust upon the states remains a controversial and difficult topic. The Court’s opinion this Term in Virginia v. Moore teaches us that it remains unwilling to re-examine incorporation’s federal hegemony, and in fact that it is so unwilling to re-open the wounds of incorporation that it will instead tolerate serious integrative problems when the Bill of Rights clashes with state common law that pre-dates the constitutional settlement.”