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The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes Apr 2009

The State Of Rule 3.8: Prosecutorial Ethics Reform Since Ethics 2000, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Introduction: Symposium On Remedies For Exonerated Prisoners, Jack M. Beermann Apr 2009

Introduction: Symposium On Remedies For Exonerated Prisoners, Jack M. Beermann

Faculty Scholarship

Exoneration of wrongfully convicted prisoners is not a new thing, but it seems to be more common with advances in the availability and utility of DNA evidence. Given the number of exonerations that have occurred in recent years, it is increasingly difficult to dismiss inmates’ ubiquitous claims of innocence. Is it still a safe assumption that the vast majority of claims of innocence are false? Do we trust that post-conviction and appellate procedures will sort the wheat from the chaff?

Regardless of how we answer the questions raised above, there is one question society must answer—how should the wrongfully convicted …


Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin Jan 2009

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …


False Confessions: Causes, Consequences And Implications, Richard A. Leo Dec 2008

False Confessions: Causes, Consequences And Implications, Richard A. Leo

Richard A. Leo

In the last two decades, hundred of convicted prisoners have been exonerated by DNA and non-DNA evidence, revealing that police-induced false confessions are a leading cause of the wrongful conviction of the innocent. This article reviews the empirical research on the causes and correlates of false confessions. After looking at the three sequential processes that are responsible for the elicitation of false confessions - misclassification, coercion and contamination - this article reviews the three psychologically distinct types of false confession (voluntary, compliant and persuaded) and then discusses the consequences of introducing false confession evidence in the criminal justice system. The …


From False Confession To Wrongful Conviction: Seven Psychological Processes, Richard A. Leo, Deborah Davis Dec 2008

From False Confession To Wrongful Conviction: Seven Psychological Processes, Richard A. Leo, Deborah Davis

Richard A. Leo

A steadily increasing tide of literature has documented the existence and causes of false confession as well as the link between false confession and wrongful conviction of the innocent. This literature has primarily addressed three issues: the manner in which false confessions are generated by police interrogation, individual differences in susceptibility to interrogative influence, and the role false confessions have played in documented wrongful convictions of the innocent. Although the specific mechanisms through which interrogation tactics can induce false confessions, and through which they can exert enhanced influence on vulnerable individuals have been widely addressed in this literature, the processes …