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Wrongful conviction

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Full-Text Articles in Law

Unreliable Forensic Science, Sarah Ciuffetelli Sep 2023

Unreliable Forensic Science, Sarah Ciuffetelli

Quest

The Effectiveness of Forensic Science

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

Sarah Ciuffetelli uses critical thinking to examine the effectiveness of forensic sciences during criminal investigations. The assignment requires students to find the most prominent scholarly research in forensic sciences and discuss its efficacy. Further, the research leads students to discuss the potential limitations investigators must consider when examining forensic evidence. Lastly, students find at least six scholarly sources to provide an in-depth analysis of the research.

Sarah begins by discussing the history of forensic science and the ever-increasing technology used in …


Learning From Mistakes, Irene Oritseweyinmi Joe Apr 2023

Learning From Mistakes, Irene Oritseweyinmi Joe

Washington and Lee Law Review

Much of the attention following the reversal of a defendant’s wrongful conviction focuses on the role the police or the prosecutor played in perpetuating the injustice. To the extent that the public defender institution’s role is considered, it is often limited to its failure to provide effective assistance of counsel. This Article challenges the conventional wisdom that the public defender institution’s role in addressing a wrongful conviction is limited to ineffective assistance of counsel claims and ends once a wrongful conviction is reversed. At minimum, the legal profession’s mandate for competent representation requires public defenders, and the institutions that house …


How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose May 2022

How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose

Journal of Law and Health

Michael Johnson or “Tiger Mandingo” as he referred to himself on social media, engaged in sexual acts with six different men, all of whom claimed that Michael lied about living with human immunodeficiency virus (HIV). As a result, the State of Missouri charged him with recklessly infecting a partner with HIV exposing or attempting to expose another with HIV. With contradictory trial testimony, no genetic fingerprint testing, and little to no questioning of his sexual partners’ credibility, the jury found Michael Johnson guilty of five felony counts which resulted in a 30-year prison sentence. Ultimately the Missouri Court of Appeals …


Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley Apr 2022

Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley

Mercer Law Review

An often-quoted excerpt from Berger v. United States sums up the role of a prosecutor in the criminal legal system. The context is the federal system, but it applies across the board. It begins by explaining the duty of a prosecutor: to represent the sovereign, “whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.”2 Then, it turns to the real-world application of that role, instructing that prosecutors should present their cases with …


Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark Jan 2022

Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark

Georgia Law Review

An exoneree’s story does not end when they walk out of prison and back into society. After spending years in prison for a crime they did not commit, the exoneree must rebuild a life with years of lost income, little credit, and no retirement. Georgia is one of the few states that does not have a statute setting out how to fairly and efficiently compensate its exonerees. Exonerees must instead ask state representatives to present a resolution to the General Assembly. If the resolution passes through both chambers of the legislature, then the exoneree can receive some compensation for the …


Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain Apr 2021

Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain

Dickinson Law Review (2017-Present)

The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …


Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman Mar 2021

Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman

Cleveland State Law Review

In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative …


Righting The Wrongfully Convicted: How Kansas's New Exoneree Compensation Statute Sets A Standard For The United States, Scott Connolly Mar 2020

Righting The Wrongfully Convicted: How Kansas's New Exoneree Compensation Statute Sets A Standard For The United States, Scott Connolly

St. John's Law Review

(Excerpt)

Part I of this Note will document the increasing prevalence of exonerations and provide a perspective on how significantly the landscape of postconviction justice has developed since the late 1980s. Such developments include DNA testing, greater awareness of false confessions, and a more thorough understanding of the unreliability of eyewitnesses. Part II will demonstrate the devastating impact that wrongful imprisonment has on exonerees. Finally, Part III of this Note will provide a snapshot of the current landscape of exoneree compensation laws. It will highlight the fact that many of the laws that exist do not provide sufficient resources and …


As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo Jan 2020

As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry Jan 2020

The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright Jan 2020

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.


Ending Innocence Denying, Lara Bazelon Dec 2018

Ending Innocence Denying, Lara Bazelon

Hofstra Law Review

Prosecutors, the most powerful actors in the criminal justice system, also have the most difficult job: they must be "ministers of justice." A prosecutor's core mission is to vindicate the truth, rather than strive to "win" by accumulating a track record of convictions. When evidence somes to light suggesting that a wrongful conviction has occurred, a prosecutor's ethical obligation requires admitting to a terrible mistake and working to undo it. Many conscientious prosecutors accept this responsibility and confess to their errors. But too many do not. They insist, in the face of overwhelming evidence to the contrary, that wrongfully convicted …


Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate Jul 2017

Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate

Maine Law Review

Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison. Although DNA an its unmatched power for the conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations. The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina’s response, but urges that ordinary citizens, qua jurors, be active participants in …


An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman Apr 2017

An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman

Missouri Law Review

In Part II, I discuss the cases of Kirk Odom and Santae Tribble brought under the D.C. Act. Those recent cases offer insight into how two different judges approached the difficult remedial questions presented. They also demonstrate how dramatically most statutes undercompensate claimants. In Part III, I describe how I drew data provided by the National Registry of Exonerations, and many other sources, to document which exonerees filed state compensation claims and how those claims were decided. The resulting data show the percentages of exonerees who filed claims and were awarded compensation and the costs of such awards. In Part …


Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis Jan 2017

Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis

Loyola of Los Angeles Law Review

No abstract provided.


The Law Of Abolition, Kevin M. Barry Jan 2017

The Law Of Abolition, Kevin M. Barry

Journal of Criminal Law and Criminology

Three themes have characterized death penalty abolition throughout the Western world: a sustained period of de facto abolition; an understanding of those in government that the death penalty implicates human rights; and a willingness of those in government to defy popular support for the death penalty. The first two themes are present in the U.S.; what remains is for the U.S. Supreme Court to manifest a willingness to act against the weight of public opinion and to live up to history’s demands.

When the Supreme Court abolishes the death penalty, it will be traveling a well-worn road. This Essay gathers, …


The American Death Penalty Decline, Brandon L. Garrett, Alexander Jakubow, Ankur Desai Jan 2017

The American Death Penalty Decline, Brandon L. Garrett, Alexander Jakubow, Ankur Desai

Journal of Criminal Law and Criminology

American death sentences have both declined and become concentrated in a small group of counties. In his dissenting opinion in Glossip v. Gross in 2014, Justice Stephen Breyer highlighted how from 2004 to 2006, “just 29 counties (fewer than 1% of counties in the country) accounted for approximately half of all death sentences imposed nationwide.” That decline has become more dramatic. In 2015, fifty-one defendants were sentenced to death in thirty-eight counties. In 2016, thirty-one defendants were sentenced to death in twenty-eight counties. In the mid-1990s, by way of contrast, over 300 people were sentenced to death in as many …


Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp Jan 2017

Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp

Journal of Criminal Law and Criminology

This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …


A Culture That Is Hard To Defend: Extralegal Factors In Federal Death Penalty Cases, Jon B. Gould, Kenneth S. Leon Jan 2017

A Culture That Is Hard To Defend: Extralegal Factors In Federal Death Penalty Cases, Jon B. Gould, Kenneth S. Leon

Journal of Criminal Law and Criminology

Empirical research has exposed a troubling pattern of capital punishment in the United States, with extralegal factors such as race, class, and gender strongly correlated with the probability of a death sentence. Capital sentencing also shows significant geographic disparities, although existing research tends to be more descriptive than explanatory. This study offers an alternative conception of local legal culture to explain place-based variation in the outcomes of federal capital trials, accounting for the level of attorney time and expert resources granted by the federal courts to defend against a death sentence. Using frequentist and Bayesian methods—supplemented with expert interviews—we empirically …


Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look, Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor Jan 2017

Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look, Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor

Journal of Criminal Law and Criminology

Scholarship about racial disparities in jury selection is extensive, but the data about how parties examine potential jurors in actual trials is limited. This study of jury selection for 792 potential jurors across twelve randomly selected North Carolina capital cases uses conversation analysis to examine the process that produces decisions about who serves on juries. To examine how race influences conversations in voir dire, we adapted the Roter Interaction Analysis System, a widely used framework for understanding the dynamics of patient–clinician communication during clinical encounters, to the legal setting for the first time. This method allows us to document the …


The Rhetoric Of Abolition: Continuity And Change In The Struggle Against America's Death Penalty, 1900-2010, Austin Sarat, Robert Kermes, Haley Cambra, Adelyn Curran, Margaret Kiley, Keshav Pant Jan 2017

The Rhetoric Of Abolition: Continuity And Change In The Struggle Against America's Death Penalty, 1900-2010, Austin Sarat, Robert Kermes, Haley Cambra, Adelyn Curran, Margaret Kiley, Keshav Pant

Journal of Criminal Law and Criminology

This article seeks to understand when, how, and where the framing of arguments against capital punishment has changed. While others have focused exclusively on the national level, we studied the framing of abolitionist arguments in three American states: Connecticut, Kansas, and Texas. Each is located in a different region of the country, and each has its own distinctive death penalty history. We studied the framing of arguments against the death penalty from 1900 to 2010. Our study suggests that the rhetorical reframing of the campaign against capital punishment that has occurred at the national level has had deep resonance at …


The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery Jan 2015

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable Oct 2011

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable

Touro Law Review

No abstract provided.


Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks Jan 2010

Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks

Cleveland State Law Review

This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.


See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder Jan 2007

See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder

Fordham Law Review

No abstract provided.


Miranda'S Failure To Restrain Pernicious Interrogation Practices, Welsh S. White Mar 2001

Miranda'S Failure To Restrain Pernicious Interrogation Practices, Welsh S. White

Michigan Law Review

As Yale Kamisar's writings on police interrogation demonstrate, our simultaneous commitments to promoting law enforcement's interest in obtaining confessions and to protecting individuals from overreaching interrogation practices have created a nearly irreconcilable tension. If the police must be granted authority to engage in effective questioning of suspects, it will obviously be difficult to insure that "the terrible engine of the criminal law . . . not . . . be used to overreach individuals who stand helpless against it." If we are committed to accommodating these conflicting interests, however, some means must be found to impose appropriate restraints on the …


Deceptive Police Interrogation Practices: How Far Is Too Far?, Laurie Magid Mar 2001

Deceptive Police Interrogation Practices: How Far Is Too Far?, Laurie Magid

Michigan Law Review

Virtually all interrogations - or at least virtually all successful interrogations - involve some deception. As the United States Supreme Court has placed few limits on the use of deception, the variety of deceptive techniques is limited chiefly by the ingenuity of the interrogator. Interrogators still rely on the classic "Mutt and Jeff," or "good cop, bad cop," routine. Interrogators tell suspects that nonexistent eyewitnesses have identified them, or that still at-large accomplices have given statements against them. Interrogators have been known to put an unsophisticated suspect's hand on a fancy, new photocopy machine and tell him that the "Truth …