Innocence Protection Act of 2001


Book Description




The Innocence Protection Act of 2002


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Protecting the Innocent


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Convicting the Innocent


Book Description

On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. 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 in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.




Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases


Book Description

In Redressing Miscarriages of Justice (2nd ed.) Geert-Jan Alexander Knoops offers an extensive review of the (procedural) mechanisms available in different (international) criminal law systems, in order to prevent and redress miscarriages of justice. The mechanisms will be illustrated on the basis of the causes of miscarriages of justice. Disclosure deficiencies, false confessions, eyewitness misidentification and (fraudulent) forensic sciences are all topics that pass in review. The new chapter to this 2nd edition gives particular insight from a defence perspective; it delves into the issue of challenging and investigating forensic “science” reports and is illustrated with some vivid case examples. The book is essential to everyone studying and challenging wrongful convictions, since it combines both procedures and causes.




Actual Innocence


Book Description

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




Controversies in Innocence Cases in America


Book Description

Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.







Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases


Book Description

Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.




Capital Punishment


Book Description

The issue of capital punishment is a continually-debated issue because it calls into question the values and direction of society. How is a civilisation supposed to handle lawbreakers? Are some crimes so heinous and some people so dangerous that the death penalty is the only appropriate response? The United States Constitution prohibits 'cruel and unusual punishment', but opinions on whether that includes capital punishment are vehement on both sides. Many states have some form of death penalty, and public opinion seems to indicate support of it in principle. However, many firestorms have erupted recently over the application of the penalty, including the topics of its use on minors and those with mental disabilities. There are also questions raised about how much of a factor race plays in a capital sentence. Internationally, several countries have foresworn the death penalty, with certain countries in Europe and the Americas refusing to extradite criminal suspects (including suspected terrorists) to the US if capital punishment is a possible sentence. With such politically flammable and ethically challenging issues hanging over it, capital punishment is a vitally important issue to understand. To help facilitate that study, this book assembles a carefully selected and substantial listing of literature focussing on the death penalty. Anyone researching this area of criminal justice will find this book an important tool as it offers easy access to the most relevant works about capital punishment. Following the bibliography, further access is provided with author, title, and subject indexes.