Proof of Guilt
Proof of Guilt

Author: Kathleen A. Cairns

Publisher: U of Nebraska Press

Published: 2020-04-01

Total Pages: 238

ISBN-13: 1496211308

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Barbara Graham might have been a diabolical dame in a hard-boiled detective story--beautiful, sexy, and deadly. Charged alongside two male friends in the murder of an elderly widow during a botched robbery attempt, "Bloody Babs" became the third woman executed in California--after a 1953 trial that played out before standing-room-only crowds captured the imaginations of journalists, filmmakers, and death penalty opponents. Why, Kathleen A. Cairns asks, of all the capital cases in the twentieth century, did Graham's have such political resonance and staying power? Leaving aside the question of guilt or innocence--debated to this day--Cairns examines how Graham's case became a touchstone in the ongoing debate over capital punishment. While prosecutors positioned the accused woman as a femme fatale, the media came to offer a counternarrative for Graham's life highlighting her abusive and lonely beginnings. Cairns shows how Graham's case became crucial to the abolitionists of the time, who used instances of questionable guilt to raise awareness of the arbitrary and capricious nature of death penalty prosecutions. Critical in keeping capital punishment in the forefront of public consciousness until abolitionists homed in on a winning strategy, Graham's case illustrates the power of individual stories to shape wider perceptions and ultimately public policies.

Proof of Guilt
Proof of Guilt

Author: Charles Todd

Publisher: Harper Collins

Published: 2013-01-29

Total Pages: 288

ISBN-13: 0062199366

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Ian Rutledge of Scotland Yard must contend with two dangerous enemies in New York Times bestselling author Charles Todd's Proof of Guilt. Can Rutledge solve the apparent murder of a top wine merchant while dealing with interference from his superior, the new Acting Chief Superintendent? Readers of Charles Todd’s Bess Crawford books and London-based Ian Rutledge mysteries will be thrilled with Proof of Guilt, clue by clue.

Not Guilty
Not Guilty

Author: Daniel Givelber

Publisher: NYU Press

Published: 2012-06-11

Total Pages: 228

ISBN-13: 0814732178

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“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

Taming the Presumption of Innocence
Taming the Presumption of Innocence

Author: Richard L. Lippke

Publisher: Oxford University Press

Published: 2016

Total Pages: 289

ISBN-13: 0190469196

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Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.

Guilt by Accusation
Guilt by Accusation

Author: Alan Dershowitz

Publisher: Simon and Schuster

Published: 2019-11-19

Total Pages: 181

ISBN-13: 1510757562

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A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.

The Bail Book
The Bail Book

Author: Shima Baradaran Baughman

Publisher: Cambridge University Press

Published: 2018

Total Pages: 331

ISBN-13: 1107131367

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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

The Origins of Reasonable Doubt
The Origins of Reasonable Doubt

Author: James Q. Whitman

Publisher: Yale University Press

Published: 2008-01-01

Total Pages: 286

ISBN-13: 0300116004

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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Presumption of Innocence in Peril
Presumption of Innocence in Peril

Author: Anthony Gray

Publisher: Lexington Books

Published: 2017-11-08

Total Pages: 209

ISBN-13: 1498554113

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This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.