Download and read online Convicting the Innocent in PDF and EPUB DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.
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Download and read online Convicting the Innocent in PDF and EPUB “A landmark in the fight against the death penalty. Extensively researched and brilliantly written . . . The Wrong Men is a gem.” Martin Garbus, criminal defense attorney Every day, innocent men across America are thrown into prison, betrayed by a faulty justice system, and robbed of their lives—either by decades-long sentences or the death penalty itself. Injustice tarnishes our legal process from start to finish. From the racial discrimination and violence used by backwards law enforcement officers, to a prison culture that breeds inmate conflict, there is opportunity for error at every turn. Award-winning journalist Stanley Cohen chronicles over one hundred of these cases, from the 1973 case of the first ever death row exoneree, David Keaton, to multiple cases as of 2015 that resulted from the corrupt practices of NYPD Detective Louis Scarcella (with nearly seventy Brooklyn cases under review for wrongful conviction). In the wake of these unjust convictions, grassroots organizations, families, and pro bono lawyers have battled this rampant wrongdoing. Cohen reveals how eyewitness error, jailhouse snitch testimony, racism, junk science, prosecutorial misconduct, and incompetent counsel have populated America’s prisons with the innocent. Readers embark on journeys with men who were arrested, convicted, sentenced to life in prison or death, dragged through the appeals system, and finally set free based on their actual innocence. Although these stories end with vindication, there are those that have ended with unjustified execution. Convicting the Innocent is sure to fuel controversy over a justice system that has delivered the ultimate punishment nearly one thousand times since 1976, though it cannot guarantee accurate convictions.
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Download and read online Convicting the Innocent in PDF and EPUB What happens in police interrogation? Do innocent people go to death row because it is easier to accuse them than to catch the actual criminal?
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Download and read online Edwin M Borchard Convicting the Innocent and State Indemnity for Errors of Criminal Justice in PDF and EPUB Edwin M. Borchard was a pioneer in both identifying the features of the United States' legal system that contribute to the conviction of innocent persons, and advocating for their compensation when exonerated. This compilation includes Borchard's "Convicting The Innocent: Sixty-Five Actual Errors Of Criminal Justice," which was the first book published in the United States that identified key factors contributing to the conviction of innocent persons. Borchard suggested reforms to try and minimize the effect of those factors and the occurrence of a wrongful conviction. Due to the legal system's inertia and resistance to meaningful change, Borchard's analysis of the causes of wrongful convictions, and his suggested reforms, are as relevant today as when "Convicting The Innocent" was published in 1932. This compilation also includes "European Systems Of State Indemnity For Errors Of Criminal Justice," which was the first article published in the U.S. that detailed how deficient indemnification of an exonerated person is in the U.S. compared with European countries. Borchard advocated enactment of legislation that would provide adequate compensation for exonerated persons in the U.S. Borchard's premise is as relevant today as when his article was published in 1913 because the U.S. continues to lag not only European countries, but countries throughout the world in adequately indemnifying exonerated persons. Borchard's article also provides an invaluable resource for understanding the history of indemnifying a wrongful conviction in this country and Europe. Also included in this compilation is Justice Denied magazine's biographical article about Borchard when it named him as an inaugural member of its Wrongful Conviction Hall Of Honor in 2007. This compilation provides today's audience with Edwin Borchard's primary works concerning wrongful convictions. Borchard's writings continue to provide valuable insights into the causes of wrongful convictions and reforms that may help minimize their occurrence, and that the generally inadequate indemnification of exonerated persons in the U.S. has been of concern for more than 100 years.
Download and read online The Legal Essays of Michael Bayles in PDF and EPUB The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.
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Download and read online The Trial Process in PDF and EPUB As noted in the Preface to Volume 1 in this series, the goal of Perspectives in Law and Psychology is to provide a forum for books aimed at systemati cally interfacing the two disciplines. Toward this end, Volume 1 pre sented a collection of original writings focused on the criminal justice system that grew out of a conference held at the University of Nebraska at Lincoln. Because that volume was based on conference proceedings, however, an attempt was not made to provide thorough coverage of all law-psychology issues in the criminal justice system; rather, it highlight ed a select few issues that were currently being investigated by some of the outstanding people in the field. This volume differs substantially from the first in that it attempts to bring together those psycholegal scholars who are doing the major re search on the trial process today and provides broad coverage of critical research on the trial. Thus, the chapters not only provide an extensive review of existing literature in this field but also present new contribu tions by these scholars.
Download and read online Wrongful Conviction in PDF and EPUB Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. This collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.
Download and read online Der Gefangene in PDF and EPUB Die Hölle auf Erden – Die Packende Geschichte eines Justizskandals In der Tradition von Truman Capotes »Kaltblütig« widmet sich John Grisham einem Kriminalfall, der erschütterndes Zeugnis ablegt über die Ungerechtigkeit eines modernen Rechtssystems. Brillant erzählt und getragen von großer Sympathie für seinen Helden, wird Ron Williamsons Schicksal zu einem packenden Thriller, der nicht mehr aus der Hand zu legen ist. Debbie Carter arbeitet als Bardame im »Coachlight Club« in Ada, Oklahoma. Sie ist beliebt bei den Gästen. Auch Ron Williamson, ehemaliger Baseballprofi und Stammgast im Club, sitzt oft bei ihr an der Bar. Eines Morgens wird die junge Frau vergewaltigt und erwürgt in ihrer Wohnung aufgefunden. Sechs Jahre später werden Ron Williamson und sein Freund Dennis Fritz aufgrund einer Falschaussage der Tat bezichtigt. Williamson wird zum Tode, Fritz zu lebenslanger Haft verurteilt. Beide beteuern ihre Unschuld. Elf Jahre verbringt Williamson unter grausamen und entwürdigenden Haftbedingungen in der Todeszelle. Kurz vor der Hinrichtung zeigt eine DNA-Untersuchung, dass weder Fritz noch Williamson die Tat begangen haben können. Sie werden freigesprochen. Der wahre Täter, damaliger Hauptbelastungszeuge der Anklage, wird wenig später verhaftet. Fünf Jahre nach seiner Freilassung stirbt Ron Williamson an den Folgen der Haft.
Download and read online Principles of Law in PDF and EPUB During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars.
Download and read online The Supreme Court on Trial in PDF and EPUB The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Download and read online The Innocence Commission in PDF and EPUB Beyond Exonerating the Innocent: Author on WAMU Radio Convicted Yet Innocent: The Legal Times Review Choice Outstanding Academic Title for 2008 DNA testing and advances in forensic science have shaken the foundations of the U.S. criminal justice system. One of the most visible results is the exoneration of inmates who were wrongly convicted and incarcerated, many of them sentenced to death for crimes they did not commit. This has caused a quandary for many states: how can claims of innocence be properly investigated and how can innocent inmates be reliably distinguished from the guilty? In answer, some states have created “innocence commissions” to establish policies and provide legal assistance to the improperly imprisoned. The Innocence Commission describes the creation and first years of the Innocence Commission for Virginia (ICVA), the second innocence commission in the nation and the first to conduct a systematic inquiry into all cases of wrongful conviction. Written by Jon B. Gould, the Chair of the ICVA, who is a professor of justice studies and an attorney, the author focuses on twelve wrongful conviction cases to show how and why wrongful convictions occur, what steps legal and state advocates took to investigate the convictions, how these prisoners were ultimately freed, and what lessons can be learned from their experiences. Gould recounts how a small band of attorneys and other advocates — in Virginia and around the country — have fought wrongful convictions in court, advanced the subject of wrongful convictions in the media, and sought to remedy the issue of wrongful convictions in the political arena. He makes a strong case for the need for Innocence Commissions in every state, showing that not only do Innocence Commissions help to identify weaknesses in the criminal justice system and offer workable improvements, but also protect society by helping to ensure that actual perpetrators are expeditiously identified, arrested, and brought to trial. Everyone has an interest in preventing wrongful convictions, from police officers and prosecutors, who seek the latest and best investigative techniques, to taxpayers, who want an efficient criminal justice system, to suspects who are erroneously pursued and sometimes convicted. Free of legal jargon and written for a general audience, The Innocence Commission is instructive, informative, and highly compelling reading.