Wrongful Convictions

Cases and Materials, Second Edition

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Author: Justin Brooks

Publisher: Vandeplas Pub.

ISBN: 9781600422164

Category: Law

Page: 558

View: 9575

Wrongful Convictions: Cases and Materials is the first textbook to bring together the law related to the exoneration of innocent people wrongfully convicted of crimes. This exciting area of the law is developing at a rapid pace with an increasing numbers of exonerations of innocent people around the world. The book is designed to give a broad overview of the cases related to the causes of wrongful convictions including false eyewitness testimony, false confessions, ineffective assistance of counsel, police and prosecutorial misconduct, and false forensic evidence. In this second edition, updated cases have been added as well as the topic of clemency. The book is also designed to teach students the legal standards involved in habeas litigation, the parole processes, and post-release compensation. Professor Justin Brooks is the Director and Co-Founder of the California Innocence Project, a law school clinic at California Western School of Law in San Diego devoted to the exoneration of innocent men and women wrongfully incarcerated in the state of California. Over the course of his career he has served as counsel on several high profile criminal cases, and along with his co-counsel and students, he has been successful in exonerating many wrongfully convicted clients. Professor Brooks works extensively throughout Latin America training defense attorneys, prosecutors, judges, and law enforcement. He is a founding board member of the Innocence Network and has launched innocence work in Argentina, Chile, Mexico, and Puerto Rico. He has been named several times as one of the top one hundred lawyers in California by the Los Angeles Daily Journal and has twice won a California Lawyer Magazine Attorney of the Year award for his work exonerating innocent men and women.

Convicting the Innocent

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Author: Brandon Garrett

Publisher: Harvard University Press

ISBN: 0674060989

Category: Art

Page: 376

View: 4172

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.

Wrongful Conviction

Law, Science, and Policy

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Author: James R. Acker,Allison D. Redlich

Publisher: N.A

ISBN: 9781594607530

Category: Law

Page: 640

View: 4749

This volume addresses issues of law, science, and policy related to wrongful convictions in the American system of justice. Coverage includes the incidence, correlates, causes, and consequences of wrongful convictions, as well as recommended reforms. The materials are organized in the form of a casebook, comprising edited judicial decisions and complementary materials from law, psychology, criminal justice, and related disciplines.

WRONGFUL CONVICTION

From Prevention to the Reversal of Injustice

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Author: John A. Humphrey,Kaitlyn M. Clarke

Publisher: Charles C Thomas Publisher

ISBN: 0398092060

Category: Criminal justice, Administration of

Page: 262

View: 2904

The magnitude of wrongful conviction is increasing across the country and around the world, with individuals arrested, convicted, and incarcerated for extended periods of time. This book provides an understanding of legal remedies, organizational reforms, and policy changes that have been proposed and implemented. In various jurisdictions, these procedures reduce the likelihood of a wrongful conviction. Legal and organizational reforms and changes in criminal justice policy are considered at three key junctures of the process: (1) the investigation, evidence gathering, and forensic analysis, (2) prosecutorial decision-making, and (3) the judicial review and exoneration of a wrongfully convicted defendant. Each chapter opens with a wrongful case vignette that illustrates the reform strategies being considered. The investigatory process is studied on each case, and the police process is analyzed in detail. Part 1 includes the introductory chapter that provides an overview of wrongful convictions, and the investigatory process routinely employed to gather evidence and identify a suspect. The analysis of forensic evidence is explored, including the chain of custody, contamination of the evidence, misinterpretation, and the falsification of forensic reports. Part 2 focuses on the prosecutors, defense attorneys, judges and juries. Plea bargaining strategies, coaching witnesses, violations of the rules of discovery, use of jailhouse snitches, inadequate defense counseling, lack of preparation and adequate resources are examined. Part 3 analyzes the processes involved in the reversal of wrongful convictions, the judicial review, and obstacles encountered in the exoneration process. In addition, the authors provide a thorough analytical overview of the criminal justice processes involved in wrongful conviction and the reforms that are needed to prevent and reverse injustices. This book is an invaluable resource for prosecutors, defense attorneys, judges, advocates for the wrongfully convicted, criminal justice policymakers, law and society, and will contribute to academic courses in the fields of criminology and justice.

Actual Innocence

Five Days to Execution and Other Dispatches from the Wrongly Convicted

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Author: Jim Dwyer,Peter J. Neufeld,Barry Scheck

Publisher: Doubleday Books

ISBN: 038549341X

Category: Law

Page: 297

View: 2658

Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison

Tried and Convicted

How Police, Prosecutors, and Judges Destroy Our Constitutional Rights

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Author: Michael D. Cicchini JD

Publisher: Rowman & Littlefield Publishers

ISBN: 1442217197

Category: Law

Page: 176

View: 3842

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

The Oxford Companion to the Supreme Court of the United States

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Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 1889

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.

Just Mercy

A Story of Justice and Redemption

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Author: Bryan Stevenson

Publisher: Spiegel & Grau

ISBN: 0812994531

Category: Law

Page: 352

View: 4889

#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow

The Innocents

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Author: Taryn Simon,Peter J. Neufeld,Barry Scheck

Publisher: Umbrage Editions

ISBN: 1884167187

Category: Photography

Page: 103

View: 4082

Offers the faces and voices of individuals falsely accused and convicted of crimes, presenting the stories of innocent men and women who were imprisoned for years before they obtained postconviction exonerations.

Getting Life

An Innocent Man’s 25-Year Journey from Prison to Peace

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Author: Michael Morton

Publisher: Simon and Schuster

ISBN: 1476756848

Category: Biography & Autobiography

Page: 304

View: 7840

“A devastating and infuriating book, more astonishing than any legal thriller by John Grisham” (The New York Times) about a young father who spent twenty-five years in prison for a crime he did not commit…and his eventual exoneration and return to life as a free man. On August 13, 1986, just one day after his thirty-second birthday, Michael Morton went to work at his usual time. By the end of the day, his wife Christine had been savagely bludgeoned to death in the couple’s bed—and the Williamson County Sherriff’s office in Texas wasted no time in pinning her murder on Michael, despite an absolute lack of physical evidence. Michael was swiftly sentenced to life in prison for a crime he had not committed. He mourned his wife from a prison cell. He lost all contact with their son. Life, as he knew it, was over. Drawing on his recollections, court transcripts, and more than 1,000 pages of personal journals he wrote in prison, Michael recounts the hidden police reports about an unidentified van parked near his house that were never pursued; the bandana with the killer’s DNA on it, that was never introduced in court; the call from a neighboring county reporting the attempted use of his wife’s credit card, which was never followed up on; and ultimately, how he battled his way through the darkness to become a free man once again. “Even for readers who may feel practically jaded about stories of injustice in Texas—even those who followed this case closely in the press—could do themselves a favor by picking up Michael Morton’s new memoir…It is extremely well-written [and] insightful” (The Austin Chronicle). Getting Life is an extraordinary story of unfathomable tragedy, grave injustice, and the strength and courage it takes to find forgiveness.

Actual Innocence

When Justice Goes Wrong and how to Make it Right

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Author: Jim Dwyer,Peter J. Neufeld,Barry Scheck

Publisher: New Amer Library

ISBN: 9780451209825

Category: Law

Page: 407

View: 8601

A collection of nightmarish true tales of people falsely accused detail the slovenly police work, corruption, errant witnesses, and other flaws in the criminal justice system that landed these people in prison or on death row. Reprint.

Conviction of the Innocent

Lessons from Psychological Research

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Author: Brian L. Cutler

Publisher: Amer Psychological Assn

ISBN: 9781433810213

Category: Law

Page: 370

View: 6988

Over the last several decades over 250 citizens convicted of major felonies were found innocent and were exonerated. Today, thanks to the work of psychologists and other criminal justice researchers, the psychological foundations that underlie conviction of the innocent are becoming clear. There is real hope that these findings can lead to positive reforms, reduce the risk of miscarriages of justice, and avoid the consequences of wrongful convictions to victims and society. In this book, Editor Brian Cutler presents a state-of-the-field review of current psychological research on conviction of the innocent. Chapter authors investigate how the roles played by suspects, investigators, eyewitnesses, and trial witnesses and how pervasive systemic issues contribute to conspire to increase the risk of conviction of the innocent. The chapters skillfully examine psychological perspectives on such topics as police interrogations, confessions, eyewitness identification, trial procedures, juries, and forensic science, as well as broader issues such as racism and tunnel vision within the justice system. This comprehensive volume represents an important milestone for research on miscarriages of justice. By bringing psychological theories and research to bear on this social problem, the authors derive compelling recommendations for future research and practical reform in police and legal procedures.

Unfair

The New Science of Criminal Injustice

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Author: Adam Benforado

Publisher: Crown

ISBN: 0770437761

Category: LAW

Page: 379

View: 5930

"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--

The Innocent Man

Murder and Injustice in a Small Town

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Author: John Grisham

Publisher: Dell

ISBN: 9780307576019

Category: True Crime

Page: 448

View: 4785

#1 NEW YORK TIMES BESTSELLER • In the vein of Serial and Making a Murderer, John Grisham’s first work of nonfiction will terrify anyone who believes in the presumption of innocence. Impeccably researched, grippingly told, filled with eleventh-hour drama, it’s a book no American can afford to miss. In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death—in a trial littered with lying witnesses and tainted evidence that would shatter a man’s already broken life, and let a true killer go free. Praise for The Innocent Man “Grisham has written both an American tragedy and his strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly “Grisham has crafted a legal thriller every bit as suspenseful and fast-paced as his bestselling fiction.”—The Boston Globe “A gritty, harrowing true-crime story.”—Time “A triumph.”—The Seattle Times BONUS: This edition includes an excerpt from John Grisham’s The Litigators.

Bitemark Evidence

A Color Atlas and Text, 2nd Edition

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Author: Robert B.J. Dorion

Publisher: CRC Press

ISBN: 9781439818633

Category: Law

Page: 680

View: 8369

The first stand-alone textbook on the subject, this illuminating reference compiles the expertise and recommendations of a team of 21 eminent specialists from the disciplines of forensic odontology, DNA analysis, pathology, and jurisprudence. It is generously illustrated with more than 543 black and white photographs and 32 full-color pages that serve to illustrate the many facets of bitemark recognition, diagnosis, handling, excision, lifting, transillumination, storage, preservation, transportation, analysis, and comparison. Thirty comprehensive chapters illustrate animal and human bitemarks on the living, the deceased, and on objects-incorporating sections on the history of bitemark evidence, salivary DNA, genotypic comparison of oral bacteria, legal and courtroom implications, and expert witness liability.

Family Law Reimagined

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Author: Jill Elaine Hasday

Publisher: Harvard University Press

ISBN: 0674281284

Category: Law

Page: 307

View: 7855

This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.

Avery

The Case Against Steven Avery and What "Making a Murderer" Gets Wrong

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Author: Ken Kratz

Publisher: BenBella Books, Inc.

ISBN: 1944648011

Category: True Crime

Page: 192

View: 4134

It’s time to set the record straight about Steven Avery. The Netflix series Making a Murderer was a runaway hit, with over 19 million US viewers in the first 35 days. The series left many with the opinion that Steven Avery, a man falsely imprisoned for almost 20 years on a previous, unrelated assault charge, had been framed by a corrupt police force and district attorney’s office for the murder of a young photographer. Viewers were outraged, and hundreds of thousands demanded a pardon for Avery. The chief villain of the series? Ken Kratz, the special prosecutor who headed the investigation and trial. Kratz’s later misdeeds—prescription drug abuse and sexual harassment—only cemented belief in his corruption. This book tells you what Making a Murderer didn’t. While indignation at the injustice of his first imprisonment makes it tempting to believe in his innocence, Avery: The Case Against Steven Avery and What Making a Murderer Gets Wrong and the evidence shared inside—examined thoroughly and dispassionately—prove that, in this case, the criminal justice system worked just as it should. With Avery, Ken Kratz puts doubts about Steven Avery’s guilt to rest. In this exclu- sive insider’s look into the controversial case, Kratz lets the evidence tell the story, sharing details and insights unknown to the public. He reveals the facts Making a Murderer conveniently left out and then candidly addresses the aftermath—openly discussing, for the first time, his own struggle with addiction that led him to lose everything. Avery systematically erases the uncertainties introduced by the Netflix series, confirming, once and for all, that Steven Avery is guilty of the murder of Teresa Halbach.

A Far, Far Better Thing

Did a Fatal Attraction Lead to a Wrongful Conviction?

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Author: Jens Söring,Bill Sizemore

Publisher: N.A

ISBN: 9781590565643

Category: Biography & Autobiography

Page: 304

View: 908

In 1985, socialites Derek and Nancy Haysom were found brutally stabbed to death in their home in Boonsboro, Virginia. When suspicion turned to the Haysoms' beautiful but troubled daughter, Elizabeth, and her German boyfriend, Jens Soering, their case became one of the most notorious in the Commonwealth's history. After fleeing with Elizabeth to Europe, Jens ultimately confessed to the crime, under the illusion that as the son of a German consular official he'd be granted diplomatic immunity. He believed he was nobly sacrificing his life for love--just as Sydney Carton does for Lucie Manette in Charles Dickens' A Tale of Two Cities. Now published for the first time in English, Jens tells his side of the story: of how a naive and reckless scholar fell into a world of deception, drugs, and ultimately murder. His compelling, revelatory account is accompanied by the painstaking analysis of Bill Sizemore, a journalist who's followed the Soering case for over a decade. In parallel with the 2016 documentary film about the murders, called The Promise, A Far, Far Better Thing not only points to a miscarriage of justice, but also showcases the tragedy of misplaced love and a catastrophically foolish declaration.

Forensic Dental Evidence

An Investigator's Handbook

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Author: C. Michael Bowers

Publisher: Elsevier

ISBN: 9780123820013

Category: Law

Page: 368

View: 2030

Forensic Dental Evidence: An Investigators Handbook highlights the discussion regarding unjust convictions caused by inaccurate bitemark opinions. The book focuses on cases that use forensic techniques, emphasizing modern methods and protocols. Through this book, the latest information available is offered to the forensic community. This book demonstrates expertise in forensic dentistry by presenting chapters on human identification in domestic and international situations; investigations on missing person and violent crimes against persons; mass-disaster planning and disaster response; and new threats from terrorist attacks on urban centers. Furthermore, it discusses topics regarding bitemark evidence, such as forensic photography, analysis and legal issues. The book also presents two chapters on new scientific topics: The Next Level in Victim Identification: Materials Properties as an Aid in Victim Identification; and DNA for First Responders: Recognizing, Collecting, and Analyzing Biological Evidence Related to Dentistry (chapters 3 and 8, respectively). This book is suited to anyone seeking knowledge on forensic dentistry; it will be of great value to investigators, lawyers, medical examiners, nurses, and dentists with an interest in forensic dental cases. Contributions by internationally recognized and experienced forensic experts cover missing persons cases and mass disaster cases from around the world Contains over 200 full-color photographs of crime scene evidence, human identification cases and bitemark details Includes many new exoneration cases derived from the Editor's work with the Innocence Project

Ethical Dilemmas and Decisions in Criminal Justice

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Author: Joycelyn M. Pollock

Publisher: Cengage Learning

ISBN: 1305856589

Category: Education

Page: 512

View: 2796

Packed with current, real-world examples, ETHICAL DILEMMAS AND DECISIONS IN CRIMINAL JUSTICE, 9th Edition offers comprehensive, balanced, and practical coverage of ethics across all three arms of the criminal justice system: the police, the courts, and corrections. Readers find coverage of the philosophical principles and theories that are the foundation of ethical decision-making, as well as the latest challenges and issues in criminal justice -- the militarization of the police, mass imprisonment, wrongful convictions, the misuse of power by elected officials and/or other public servants, and more. The text provides a wealth of hands-on exercises as well as such insightful features as In the News boxes spotlighting recent examples of misconduct. For those studying or contemplating a career in criminal justice, real-life cases and situations demonstrate the significance of ethics in today's criminal justice arena. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.