The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice to tackle these questions and more in this critical sociological examination of innocence and wrongful conviction. This book: - Is the first book of its kind to cover wrong convictions, from definition and causation to the limits of redress - Provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations - Discusses ideas and challenges that are highly relevant to current political and social debates Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.
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.
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.
The authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.
Provides a comprehensive and up-to-date review of the development of the science behind the psychology of false confessions Four decades ago, little was known or understood about false confessions and the reasons behind them. So much has changed since then due in part to the diligent work done by Gisli H. Gudjonsson. This eye-opening book by the Icelandic/British clinical forensic psychologist, who in the mid 1970s had worked as detective in Reykjavik, offers a complete and current analysis of how the study of the psychology of false confessions came about, including the relevant theories and empirical/experimental evidence base. It also provides a reflective review of the gradual development of the science and how it can be applied to real life cases. Based on Gudjonsson’s personal account of the biggest murder investigations in Iceland’s history, as well as other landmark cases, The Psychology of False Confessions: Forty Years of Science and Practice takes readers inside the minds of those who sit on both sides of the interrogation table to examine why confessions to crimes occur even when the confessor is innocent. Presented in three parts, the book covers how the science of studying false confessions emerged and grew to become a regular field of practice. It then goes deep into the investigation of the mid-1970s assumed murders of two men in Iceland and the people held responsible for them. It finishes with an in-depth psychological analysis of the confessions of the six people convicted. Written by an expert extensively involved in the development of the science and its application to real life cases Covers the most sensational murder cases in Iceland’s history Deep analysis of the ‘Reykjavik Confessions’ adds crucial evidence to understanding how and why coerced-internalized false confessions occur, and their detrimental and lasting effects on memory The Psychology of False Confessions: Forty Years of Science and Practice is an important source book for students, academics, criminologists, and clinical, forensic, and social psychologists and psychiatrists.
