Prosecuted Innocence

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Prosecuted Innocence

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Author : Kreig Vens
language : en
Publisher: iUniverse
Release Date : 2003-11

Prosecuted Innocence written by Kreig Vens and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11 with Fiction categories.

Trystin Brock is a gifted swimmer who has everything going for him. The first sophomore ever appointed as Captain of Lincoln Memorial High School's swim team, with a girlfriend in college, he was the envy of his classmates. What could possibly go wrong? Twenty-eight years in a maximum-security prison, that's what went wrong! A prosecutor with an agenda, a narcissistic judge, and corrupt politicians circumvent "Innocent until proven guilty..." forcing Trystin into a legal-political quagmire, where he fights for his freedom, his sanity, and his life.

In Spite Of Innocence

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Author : Michael L. Radelet
language : en
Publisher: UPNE
Release Date : 1992

In Spite Of Innocence written by Michael L. Radelet and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.

The stories of some 400 innocent Americans who were falsely convicted of capital crimes.

The Presumption Of Innocence

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Author : Andrew Stumer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-14

The Presumption Of Innocence written by Andrew Stumer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-14 with Law categories.

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Presumption Of Innocence In Peril

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Author : Anthony Gray
language : en
Publisher: Lexington Books
Release Date : 2017-11-08

Presumption Of Innocence In Peril written by Anthony Gray and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-08 with Political Science categories.

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.

The Innocence Commission

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Author : Jon B. Gould
language : en
Publisher: NYU Press
Release Date : 2009-11

The Innocence Commission written by Jon B. Gould and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11 with History categories.

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.

Convicting The Innocent

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Author : Brandon L. Garrett
language : en
Publisher: Harvard University Press
Release Date : 2012-09-03

Convicting The Innocent written by Brandon L. Garrett and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-03 with Law categories.

On January 20, 1984, Earl WashingtonÑdefended for all of forty minutes by a lawyer who had never tried a death penalty caseÑwas 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.

Prosecution Complex

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Author : Daniel S. Medwed
language : en
Publisher: NYU Press
Release Date : 2013-11

Prosecution Complex written by Daniel S. Medwed and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11 with Law categories.

American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.

Anatomy Of Innocence Testimonies Of The Wrongfully Convicted

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Author : Laura Caldwell
language : en
Publisher: Liveright Publishing
Release Date : 2017-03-28

Anatomy Of Innocence Testimonies Of The Wrongfully Convicted written by Laura Caldwell and has been published by Liveright Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-28 with True Crime categories.

Recalling the great muckrakers of the past, an outraged team of America’s best-selling writers unite to confront the disasters of wrongful convictions. Wrongful convictions, long regarded as statistical anomalies in an otherwise sound justice system, now appear with frightening regularity. But few people understand just how or why they happen and, more important, the immeasurable consequences that often haunt the lucky few who are acquitted, years after they are proven innocent. Now, in this groundbreaking anthology, fourteen exonerated inmates narrate their stories to a roster of high-profile mystery and thriller writers—including Lee Child, Sara Paretsky, Laurie R. King, Jan Burke and S. J. Rozan—while another exoneree’s case is explored in a previously unpublished essay by legendary playwright Arthur Miller. An astonishing and unique collaboration, these testimonies bear witness to the incredible stories of innocent men and women who were convicted of serious crimes and cast into the maw of a vast and deeply flawed American criminal justice system before eventually, and miraculously, being exonerated. Introduced by best-selling authors Scott Turow and Barry Scheck, these master storytellers capture the tragedy of wrongful convictions as never before and challenge readers to confront the limitations and harsh realities of the American criminal justice system. Lee Child tells of Kirk Bloodsworth, who obsessively read about the burgeoning field of DNA testing, cautiously hoping that it held the key to his acquittal—until he eventually became the first person to be exonerated from death row based on DNA evidence. Judge John Sheldon and author Gayle Lynds team up to share Audrey Edmunds’s experience raising her children long distance from her prison cell. And exoneree Gloria Killian recounts to S. J. Rozan her journey from that fateful "knock on the door" and the initial shock of accusation to the scars she carries today. Together, the powerful stories collected within the Anatomy of Innocence detail every aspect of the experience of wrongful conviction, as well as the remarkable depths of endurance sustained by each exoneree who never lost hope.

Convicted By Juries Exonerated By Science

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Author : Edward F. Connors
language : en
Publisher: DIANE Publishing
Release Date : 1996

Convicted By Juries Exonerated By Science written by Edward F. Connors and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Criminal investigation categories.

The development of DNA technology furthers the search for truth by helping police & prosecutors in the fight against violent crime. Most of the individuals whose stories are told in the report were convicted after jury trials & were sentenced to long prison terms. They successfully challenged their convictions, using DNA tests on existing evidence. They had served, on average, seven years in prison. By highlighting the importance & utility of DNA evidence, this report presents challenges to the scientific & justice communities. A task ahead is to maintain the highest standards for the collection & preservation of DNA evidence.

Actual Innocence

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Author : Jim Dwyer
language : en
Publisher: Doubleday Books
Release Date : 2000

Actual Innocence written by Jim Dwyer and has been published by Doubleday Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.

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