Trial and Error in Criminal Justice Reform
Trial and Error in Criminal Justice Reform

Author: Greg Berman

Publisher: Rowman & Littlefield

Published: 2016-03-21

Total Pages: 167

ISBN-13: 1442268484

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In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Justice in Error
Justice in Error

Author: Clive Walker

Publisher:

Published: 1993

Total Pages: 280

ISBN-13:

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The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners

When Law Fails
When Law Fails

Author: Charles J. Ogletree, Jr.

Publisher: NYU Press

Published: 2009-01-01

Total Pages: 361

ISBN-13: 0814762255

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Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

Errors of Justice
Errors of Justice

Author: Brian Forst

Publisher: Cambridge University Press

Published: 2004

Total Pages: 276

ISBN-13: 9780521528825

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In this book, Brian Forst takes a fresh new perspective on the assessment of criminal justice policy, examining the prospect of assessing policies based on their impact on errors of justice: the error of failing to bring offenders to justice, on the one hand, and the error of imposing costs on innocent people and excessive costs on offenders, on the other. Noting that we have sophisticated systems for managing errors in statistical inference and quality control processes and no parallel system for managing errors of a more socially costly variety - on matters of guilt and innocence - the author lays the foundation for a common sense approach to the management of errors in the criminal justice system, from policing and prosecution to sentencing and corrections. He examines the sources of error in each sector, the harms they impose on society, and frameworks for analyzing and reducing them.

Miscarriages of Justice
Miscarriages of Justice

Author: Clive Walker

Publisher: OUP Oxford

Published: 1999

Total Pages: 438

ISBN-13: 1854316877

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The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

The Law's Flaws
The Law's Flaws

Author: Larry Laudan

Publisher:

Published: 2016-08-22

Total Pages: 228

ISBN-13: 9781848901995

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This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

A Wilderness of Error
A Wilderness of Error

Author: Errol Morris

Publisher: Penguin

Published: 2014-01-22

Total Pages: 575

ISBN-13: 0143123696

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Soon to be an FX Docuseries from Emmy® Award-Winning Producer Marc Smerling (The Jinx) featuring the author Errol Morris! Academy Award–winning filmmaker Errol Morris examines one of the most notorious and mysterious murder trials of the twentieth century In this profoundly original meditation on truth and the justice system, Errol Morris—a former private detective and director of The Thin Blue Line—delves deeply into the infamous Jeffrey MacDonald murder case. MacDonald, whose pregnant wife and two young daughters were brutally murdered in 1970, was convicted of the killings in 1979 and remains in prison today. The culmination of an investigation spanning over twenty years and a masterly reinvention of the true-crime thriller, A Wilderness of Error is a shocking book because it shows that everything we have been told about the case is deeply unreliable and that crucial elements of case against MacDonald are simply not true.

Unfair
Unfair

Author: Adam Benforado

Publisher: Crown

Published: 2015

Total Pages: 402

ISBN-13: 0770437761

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A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.

Misleading DNA Evidence
Misleading DNA Evidence

Author: Peter Gill

Publisher: Elsevier

Published: 2014-06-18

Total Pages: 195

ISBN-13: 0124172202

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Misleading DNA Evidence: A Guide for Scientists, Judges, and Lawyers presents the reasons miscarriages of justice can occur when dealing with DNA, what the role of the forensic scientist is throughout the process, and how judges and lawyers can educate themselves about all of the possibilities to consider when dealing with cases that involve DNA evidence. DNA has become the gold standard by which a person can be placed at the scene of a crime, and the past decade has seen great advances in this powerful crime solving tool. But the statistics that analysts can attach to DNA evidence often vary, and in some cases the statistical weight assigned to that match, can vary enormously. The numbers provided to juries often overstate the evidence, and can result in a wrongful conviction. In addition to statistics, the way the evidence is collected, stored and analyzed can also result in a wrongful conviction due to contamination. This book reviews high-profile and somewhat contentious cases to illustrate these points, including the death of Meredith Kercher. It examines crucial topics such as characterization of errors and determination of error rates, reporting DNA profiles and the source and sub-source levels, and the essentials of statement writing. It is a concise, readable resource that will help not only scientists, but legal professionals with limited scientific backgrounds, to understand the intricacies of DNA use in the justice system. - Ideal reference for scientists and for those without extensive scientific backgrounds - Written by one of the pioneers in forensic DNA typing and interpretation of DNA profiling results - Ideal format for travel, court environments, or wherever easy access to reference material is vital