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Articles 1 - 17 of 17

Full-Text Articles in Law

Unlocking The Eighth Amendment’S Power To Make Innocence A Constitutional Claim, David Niven Apr 2012

Unlocking The Eighth Amendment’S Power To Make Innocence A Constitutional Claim, David Niven

david niven

The U.S. Supreme Court has articulated no definitive constitutional bar to executing the innocent. While the text of the Constitution may not directly speak to the question, the court has elsewhere held, repeatedly and unanimously, that the operative meaning of the Eighth Amendment is shaped by decisions of state legislators. That is, if state legislators deem something cruel and unusual (executing minors, for example) it has therefore been rejected by society and is constitutionally barred. If legislators deem a particular practice acceptable, it is acceptable to society and thus permitted by the Constitution. Despite their significance in death penalty jurisprudence …


Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg Apr 2012

Un-Convicting The Innocent: The Case For Shaken Baby Syndrome Review Panels, Rachel Burg

University of Michigan Journal of Law Reform

This Note proposes that states should develop error-correction bodies to identify past errors that have resulted in wrongful convictions of people accused of shaking a child. These institutions, which I call SBS Review Panels, would be similar to the error-correction bodies and commissions that have recently been established throughout the world to deal with various sorts of wrongful convictions. An SBS-specific commission should be developed because of the high level of scientific expertise that is required to fully understand this diagnosis and the problems associated with using the triad of medical findings as evidence of the defendant's conduct. Part I …


Remedying Wrongful Execution, Meghan J. Ryan Feb 2012

Remedying Wrongful Execution, Meghan J. Ryan

University of Michigan Journal of Law Reform

The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …


Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman Feb 2012

Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman

Michigan Law Review

Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that fact finders often adjust the evidentiary threshold for conviction in accordance with the severity of the applicable sanction. All things being equal, the higher the sanction, the higher the standard of proof that fact finders will apply in order to convict. Building on this insight, this Article introduces a new paradigm for criminal punishments-a paradigm that focuses on designing penalties that will reduce the risk of unsubstantiated …


Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer Jan 2012

Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer

Other Publications

This report is about 873 exonerations in the United States, from January 1989 through February 2012. Behind each is a story, and almost all are tragedies. The tragedies are not limited to the exonerated defendants themselves, or to their families and friends. In most cases they were convicted of vicious crimes in which other innocent victims were killed or brutalized. Many of the victims who survived were traumatized all over again, years later, when they learned that the criminal who had attacked them had not been caught and punished after all, and that they themselves may have played a role …


Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel Jan 2012

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.


Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware Jan 2012

Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware

NYLS Law Review

No abstract provided.


Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger Jan 2012

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.


Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell Jan 2012

Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell

NYLS Law Review

No abstract provided.


Models Of Justice To Protect Innocent Persons, Tim Bakken Jan 2012

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.


The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman Jan 2012

The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman

NYLS Law Review

No abstract provided.


A Crisis In Federal Habeas Law, Eve Brensike Primus Jan 2012

A Crisis In Federal Habeas Law, Eve Brensike Primus

Reviews

Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes …


Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann Jan 2012

Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey Jan 2012

False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey

Faculty Articles and Other Publications

This article is a review of False Justice: Eight Myths that Convict the Innocent by Jim and Nancy Petro. But this article is also a memoir, in that I tell the story, from my own perspective as Director of the Ohio Innocence Project, of how I have watched Jim Petro go from prosecutor and elected Attorney General of Ohio to a leading champion of the wrongfully convicted across the nation. The article is also a commentary in that, along the way, I address what makes Jim Petro so different from many prosecutors in this country. In this respect, I discuss …


False Convictions, Phoebe C. Ellsworth, Samuel R. Gross Jan 2012

False Convictions, Phoebe C. Ellsworth, Samuel R. Gross

Book Chapters

False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.


The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal Jan 2012

The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal

Journal Articles

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 …


The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock Dec 2011

The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock

Beau James Brock

Being a criminal defense attorney is a special calling. Aside from dealing with the human element, they also fight daily to see the government acts within the bounds established by the Bill of Rights.