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Convicting the Innocent

Author: Brandon L. Garrett

Publisher: Harvard University Press

Published: 2011-08-04

Total Pages: 376

ISBN-13: 0674060989

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.

Police Interrogation and American Justice

Author: Richard A. Leo

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 385

ISBN-13: 0674033701

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"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?

European Intellectual Property Law

Author: Justine Pila

Publisher:

Published: 2019

Total Pages: 712

ISBN-13: 0198831285

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European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.

Key Ideas in Law: The Rule of Law and the Separation of Powers

Author: Jack Beatson

Publisher: Bloomsbury Publishing

Published: 2021-07-29

Total Pages: 193

ISBN-13: 150993880X

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Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?

Contemporary Intellectual Property

Author: Hector L. MacQueen

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 1024

ISBN-13: 0199263396

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The book is accompanied by a web site where students and lecturers alike can access updates on major developments in the law as well as pointers to the exercises contained in the text.

Creating Economy

Author: Barbara Townley

Publisher: Oxford University Press

Published: 2019-01-10

Total Pages: 235

ISBN-13: 0192514482

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Creativity is at the vanguard of contemporary capitalism, valorised as a form of capital in its own right. It is the centrepiece of the vaunted 'creative economy', the creative industries, and is increasingly a focus of public policy. But what is economic about creativity? How can creative labour become the basis for a distinctive global industry? And how has the solitary artist, a figment of the romantic thought, become the creative entrepreneur of twenty-first century economic imagining? This book offers a fresh approach to this topic within the creative industries through a focus on intellectual property. It follows IP and its associated rights (IPR) through the creative economy, showing how it shapes creative products and configures the economic agency of creative producers. IP helps to manage risk, settle what is valuable, extract revenues, and protect future profits. It is the central mechanism in organising the market for creative goods. Most importantly, it shows that IP/IPR is crucial in the dialectic between symbolic and economic value on which the creative industries depend; IP/IPR hold the creative industries together. This book is based on a detailed empirical study of creative producers in the UK, extending the sociological studies of markets to an analysis of the UK's creative industries. In doing so, it makes an important, empirically grounded contribution to debates around creativity, entrepreneurship, and uncertainty in creative industries, and will be of interest to scholars and policymakers alike.