DOCSLIB.ORG

No. 132P18-2 TENTH JUDICIAL DISTRICT SUPREME COURT of NORTH CAROLINA ******************************** BETH DESMOND, ) from Wake

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
No. 132P18-2 TENTH JUDICIAL DISTRICT SUPREME COURT of NORTH CAROLINA ******************************** BETH DESMOND, ) from Wake No. 132P18‐2 TENTH JUDICIAL DISTRICT SUPREME COURT OF NORTH CAROLINA ******************************** BETH DESMOND, ) ) Plaintiff‐Appellee, ) ) v. ) From Wake County ) No. COA 18‐411 THE NEWS AND OBSERVER ) PUBLISHING COMPANY and ) MANDY LOCKE, ) ) ) Defendants‐Appellants ) ************************************************** BRIEF OF AMICI CURIAE ************************************************** ‐ i ‐ INDEX TABLE OF CASES AND AUTHORITIES ............................................... ii INTRODUCTION .................................................................................... 2 ARGUMENT ............................................................................................ 4 I. Journalists must be able to report on allegations of mistakes, misconduct, or abuse by public officials without fear of unwarranted defamation liability. ............................................. 4 II. This Court should reverse the decision below because the Court of Appeals misinterpreted the law of actual malice. ...... 7 A. The Court of Appeals failed to conduct an independent review of the record as the First Amendment requires. ..... 9 B. The Court of Appeals erred by not requiring Desmond to show that the Newspaper Defendants knew the statements at issue were false or had serious doubts about their truth. ...................................................................................... 13 C. The Court of Appeals erred by not finding as a matter of law that the Newspaper Defendants’ interpretation of source information was a “rational interpretation” of what sources had said. ................................................................... 15 CONCLUSION ........................................................................................ 17 CERTIFICATE OF SERVICE .................................................................. 19 CONTENTS OF APPENDIX ................................................................. 20 APPENDIX A ........................................................................................ A‐1 ‐ ii ‐ TABLE OF CASES AND AUTHORITIES Cases Bose Corp. v. Consumers Union of the United States, Inc., 466 U.S. 485 (1984) ................................................................................... passim Bowser v. Durham Herald Co., 181 N.C. App. 339, 638 S.E.2d 614, (2007).................................................................................................... 11 Desmond v. News & Observer Publ’g Co., __ N.C. App. __, 823 S.E.2d 412 (2018) .................................................................................... passim Doe v. Doe, __ N.C. App. __, 823 S.E.2d 583 (2018) ............................. 12 Garrison v. Louisiana, 379 U.S. 64 (1964) ............................................. 17 Gertz v. Welch, 418 U.S. 323 (1974) ......................................................... 9 Greenbelt Coop Publ’g Ass’n v. Bresler, 398 U.S. 6 (1970) .................... 17 Griffin v. Holden, 180 N.C. App. 129, 636 S.E.2d 298 (2006) ................ 17 Herbert v. Oklahoma Christian Coalition, 1990 OK 90, 992 P.2d 322 (1999) ................................................................................................... 14 Johnson v. Southwestern Newspapers Corp., 855 S.W.2d 182 (Tex. Ct. App. 1993) ............................................................................................ 19 Lancaster v. Daily Banner‐News Publishing Co., 274 Ark. 145, 622 S.W.2d 671 (1981) ................................................................................ 18 Lewis v. Rapp, 220 N.C.App. 299, 725 S.E.2d 597 (2012) ..................... 20 McCoy v. Hearst Corp., 42 Cal.3d 835, 727 P.2d 711, 715 (1986) ........... 15 N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964) ......................... 3, 4, 9, 10 Profitt v. Greensboro News & Record, Inc., 91 N.C. App. 218, 371 S.E.2d 292 (1988) ............................................................................................ 19 Reuber v. Food Chemical News, Inc., 925 F.2d 703 (4th Cir. 1991) ....... 18 Roth v. United States, 354 U.S. 476 (1957) ............................................. 4 Sheppard v. Maxwell, 384 U.S. 333 (1966) .............................................. 5 ‐ iii ‐ Snyder v. Phelps, 580 F.3d 206 (4th Cir. 2009) .................................... 15 Time, Inc. v. Pape, 401 U.S. 279 (1971) .............................................. 11, 20 Varner v. Bryan, 113 N.C. App 697, 440 S.E.2d 295 (1994) ................... 17 Other Authorities Ben Railton, Considering History: Walter Cronkite, David Halberstam, and Two Legacies of Adversarial Journalism, Saturday Evening Post, Feb. 27, 2018, http://perma.cc/Y4BA‐RGVM ........... 16 Bruce W. Sanford, Libel and Privacy § 1.3 (2006) ............................. 11, 12 Christopher Zoukis, Presidential Commission Criticizes Some Forensic Methods, Huffington Post (Oct. 3, 2016), https://perma.cc/7YKK‐C5BD ............................................................ 9 David Grann, Trial by Fire, The New Yorker (Aug. 31, 2009), https://perma.cc/K3HL‐VC2V ............................................................ 6 Jon Schuppe, Epic Drug Lab Scandal Results in More Than 20,000 Convictions Dropped, NBC News (Apr. 18, 2017), https://perma.cc/3AEL‐N3H8 ............................................................ 6 Pamela Colloff, Blood‐Spatter Expert in Joe Bryan Case Says “My Conclusions Were Wrong”, ProPublica (Sept. 17, 2018), https://perma.cc/ZDP6‐FTAX ............................................................ 7 Ryan Gabrielson, The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., ProPublica (Jan. 17, 2019), https://perma.cc/6J35‐3HFQ .......................................................... 7, 8 Spencer S. Hsu, Convicted defendants left uninformed of forensic flaws found by Justice Dept., Wash. Post (Apr. 16, 2012), https://perma.cc/SJZ8‐NVGX ............................................................ 5 Spencer S. Hsu, FBI admits flaws in hair analysis over decades, Wash. Post (Apr. 18, 2015), https://perma.cc/GSE9‐WBF7 ......................... 5 Spencer S. Hsu, Forensic techniques are subject to human bias, lack standards, panel found, Wash. Post (Apr. 17, 2012), https://perma.cc/Y83P‐5AGH ............................................................ 8 ‐ iv ‐ Ten Years of “Independent Appellate Review” in Defamation Cases from Bose to Connaughton to the Present, Libel Defense Resource Center Bulletin, Apr. 30, 1994, at 1, 10 ............................................... 12 Tigran W. Eldred, Amplifying Bose Corp. v. Consumers Union: The Proper Scope of De Novo Appellate Review in Public Person Defamation Cases, 47 Fordham L. Rev. 579 (1989) ........................... 11 Rules N.C. R. App. P. 28(i)(2) ............................................................................ 1 Constitutional Provisions Const. amend. I ....................................................................................... 4 ‐ 1 ‐ No. 132P18‐2 SUPREME COURT OF NORTH CAROLINA ******************************** BETH DESMOND, ) ) Plaintiff‐Appellee, ) ) v. ) From North Carolina Court of ) Appeals THE NEWS AND OBSERVER ) COA No. 18‐411 PUBLISHING COMPANY and ) MANDY LOCKE, ) ) ) Defendants‐Appellants ) ************************************************** BRIEF OF AMICI CURIAE ************************************************** The amici listed below, through their counsel and pursuant to Rule 28(i) of the North Carolina Rules of Appellate Procedure and their accompanying Motion for Leave to File Brief of Amici Curiae, hereby submit this brief in support of The News & Observer Publishing Company and Mandy Locke (collectively, the “Newspaper Defendants”).1 Amici are the Reporters Committee for Freedom of the Press, ABC, Inc., American Society of News Editors, The Associated Press, Associated Press Media Editors, Association of Alternative Newsmedia, Boston Globe Media Partners, LLC, Capitol 1 No person or entity—other than amici curiae, their members, or their counsel— directly or indirectly wrote this brief or contributed money for its preparation. N.C. R. App. P. 28(i)(2). ‐ 2 ‐ Broadcasting Co., CBS Broadcasting Inc., Gannett Co., Inc., GateHouse Media, LLC, Knight Science Journalism Program, The Media Institute, Media Law Resource Center, MIT Graduate Program in Science Writing, National Press Club Journalism Institute, National Press Photographers Association, The New York Times Company, North Carolina Association of Broadcasters, North Carolina Press Association, Online News Association, The Pilot, POLITICO LLC, Radio Television Digital News Association, Reporters Without Borders, Sinclair Broadcast Group, Inc., Society of Professional Journalists, Tribune Media Company, Undark Magazine, The Washington Post, and WBTV, LLC. A full description of amici’s respective interests in this case are set forth in the accompanying Motion for Leave to File Brief of Amici Curiae. INTRODUCTION At issue in this case is the proper application of the constitutional “actual malice” standard. This case arises out of an award‐winning investigative series published by the Newspaper Defendants that delved into the work of the North Carolina State Bureau of Investigation (“SBI”) and, more specifically, into alleged analytical and testimonial errors by plaintiff Desmond, a forensic firearms examiner employed by the SBI Crime Lab. Forensic science often plays a central role in modern‐era criminal cases. Accordingly, reporting about forensic science, including potential errors or
Load more

Recommended publications
  • Forensic Science: Daubert’S Failure Paul C
    Case Western Reserve Law Review Volume 68 | Issue 3 2018 Forensic Science: Daubert’s Failure Paul C. Giannelli Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Paul C. Giannelli, Forensic Science: Daubert’s Failure, 68 Case W. Res. L. Rev. 869 (2018) Available at: https://scholarlycommons.law.case.edu/caselrev/vol68/iss3/18 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 68·Issue 3·2018 Forensic Science: Daubert’s Failure Paul C. Giannelli† “The man who discovers a new scientific truth has previously had to smash to atoms almost everything he had learnt, and arrives at the new truth with hands bloodstained from the slaughter of a thousand platitudes.”1 Contents Introduction ............................................................................ 870 A. Daubert and Rule 702 ........................................................... 871 B. National Academy of Sciences Forensic Report (2009) ............. 873 I. Discredited Techniques ........................................................ 876 A. Bite Mark Comparisons ......................................................... 876 1. Foundational Research ............................................................
    [Show full text]
  • Cameron Todd Willingham: Wrongfully Executed?
    Cameron Todd Willingham: Wrongfully Executed? Cameron Todd Willingham was executed by the State of Texas on February 17, 2004. He had been convicted and sentenced to death for setting a fire to his Corsicana home in 1991 that killed his three young daughters. Last fall, an investigative report by David Grann that appeared in The New Yorker exhaustively deconstructed every aspect of the case and persuasively illustrated that none of the evidence used to convict Willingham was valid. The article went beyond the forensic science that has been the focus of investigations for the last six years and debunked every other piece of evidence, including the jailhouse snitch testimony, witness testimony, and circumstantial evidence. The results of Grann’s investigation strongly point to Cameron Todd Willingham’s wrongful execution. Since Willingham’s execution, 31 individuals – including 5 Texans – have been released from death rows nationwide due to evidence of their wrongful conviction (138 people have been released from death rows nationwide since 1973). This includes Ernest Ray Willis, who was exonerated from death row in Texas on October 6, 2004 and whose case also was addressed by the Beyler report. Willis had been sentenced to death for the 1986 deaths of two women who died in a house fire that was ruled arson. Seventeen years later, Pecos County District Attorney Ori T. White revisited the case after a federal judge overturned Willis' conviction. White hired an arson specialist to review the original evidence, and the specialist concluded that there was no evidence of arson. In 2004, prosecutors dropped all charges against Willis.
    [Show full text]
  • Chasing Justice: the Onm Umental Task of Undoing a Capital Conviction and Death Sentence Jennifer L
    Arkansas Law Review Volume 70 | Number 2 Article 3 January 2017 Chasing Justice: The onM umental Task of Undoing a Capital Conviction and Death Sentence Jennifer L. Givens University of Virginia Follow this and additional works at: http://scholarworks.uark.edu/alr Part of the Criminal Law Commons Recommended Citation Jennifer L. Givens, Chasing Justice: The Monumental Task of Undoing a Capital Conviction and Death Sentence, 70 Ark. L. Rev. 255 (2017). Available at: http://scholarworks.uark.edu/alr/vol70/iss2/3 This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Arkansas Law Review by an authorized editor of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. Chasing Justice: The Monumental Task of Undoing a Capital Conviction and Death Sentence Jennifer L. Givens∗ After the botched 2014 execution of Clayton Lockett in Oklahoma,1 John Oliver tackled the issue of the death penalty on the second episode of his HBO show, Last Week Tonight with John Oliver.2 Oliver opens the discussion with a sound bite from former U.S. Attorney General Alberto Gonzales, who says, “I [] do believe in the death penalty, but [] only with respect to those [that] are guilty of committing the crime.”3 Oliver responds, “Okay, bold idea. We shouldn’t execute innocent people. I think most people would probably agree with that. You, sir, are a regular Atticus Finch. But [] executing the innocent is not really the tough question here.”4 Oliver was right, of course; this should not be a tough question, but the number of judicial and institutional hurdles— both procedural and substantive—currently in place should raise grave concerns about our commitment to ensuring that only the guilty are executed.
    [Show full text]
  • A Case for Repealing the Death Penalty
    LIBERTAS INSTITUTE | ADVANCING THE CAUSE OF LIBERTY IN UTAH PUBLIC POLICY BRIEF The High Price of Retribution: A Case for Repealing the Death Penalty SUMMARY In 2015, the Utah Legislature reauthorized the While the death penalty might appeal to our use of the firing squad as a form of capital emotional appetite for justice—or revenge—the punishment. Unfortunately, the debate never reality is that it is not justly administered, the addressed the acceptability of the death risk of executing an innocent is too high, and penalty itself, despite lengthy consideration by it does not serve victims very well. the legislature of a comprehensive package of criminal justice reforms during the same time. Given the low value and high cost of the death penalty, capital punishment does not give This missed opportunity can be corrected. taxpayers much bang for the buck. Instead The legislature should consider abandoning it has become a bloated and bureaucratic the use of capital punishment in favor of life policy that blindly seeks retribution despite without parole. a significant moral, social, and financial cost. As with other government programs, freedom-minded individuals have strong reason to be skeptical of the government’s power and practice of executing people. PUBLIC POLICY BRIEF | THE HIGH PRICE OF RETRIBUTION: A CASE FOR REPEALING THE DEATH PENALTY LIBERTAS INSTITUTE | ADVANCING THE CAUSE OF LIBERTY IN UTAH espite both personal and many wrongful convictions across the big government policy gone wrong. Dprofessional risk, John Adams country. The very real risk of executing passionately defended the British an innocent person is enough The rate of false convictions for soldiers charged with murder to abandon capital punishment death row inmates stands at 4.1%.5 in connection with the Boston altogether.
    [Show full text]
  • Remedying Wrongful Execution
    University of Michigan Journal of Law Reform Volume 45 2012 Remedying Wrongful Execution Meghan J. Ryan Southern Methodist University Dedman School of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Criminal Law Commons, Legislation Commons, and the State and Local Government Law Commons Recommended Citation Meghan J. Ryan, Remedying Wrongful Execution, 45 U. MICH. J. L. REFORM 261 (2012). Available at: https://repository.law.umich.edu/mjlr/vol45/iss2/1 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. REMEDYING WRONGFUL EXECUTION MeghanJ. Ryan* The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigationhas been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like otherjurisdictions, is ill equipped to provide any relieffor such an egregious wrong, however. This Article identifies the difficulties that the heirs,families, and friends of wrongfully executed individ- uals face in attempting to obtain compensation for this wrong.
    [Show full text]
  • Executing the Innocent: How to Remedy a State's Wrong
    Journal of Civil Rights and Economic Development Volume 28 Issue 3 Volume 28, Spring 2016, Issue 3 Article 5 Executing the Innocent: How to Remedy a State's Wrong Nicole Megale Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred Part of the Criminal Law Commons This Notes and Comments is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. EXECUTING THE INNOCENT: HOW TO REMEDY A STATE'S WRONG NICOLE MEGALE INTRODUCTION Carlos DeLuna, executed in the State of Texas in 1989, at the age of 27, left behind nine siblings.' His mother became extremely ill after hearing that DeLuna was arrested for murder and died two weeks after DeLuna's trial.2 DeLuna's whole family was shocked by the news that he was a murderer and believed it was impossible. 3 According to them, DeLuna was just not that type of guy. 4 Yes, he had a criminal record, but something as extreme as murder was not possible for DeLuna.5 DeLuna's younger sister, Rose, said that DeLuna was afraid of the dark and of Chihuahuas; he could not kill someone. 6 The evidence against DeLuna, however, seemed compelling. Carlos DeLuna was sentenced to death for murdering Wanda Lopez during a supposed gas station robbery that occurred on February 4, 1983.7 Police found DeLuna hiding under a pickup truck a few blocks from the crime scene.
    [Show full text]
  • 261 REMEDYING WRONGFUL EXECUTION Meghan J. Ryan* The
    Ryan FTP3 B.doc 3/2/2012 10:50 AM REMEDYING WRONGFUL EXECUTION Meghan J. Ryan* The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state’s district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court’s investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and friends of wrongfully executed individ- uals face in attempting to obtain compensation for this wrong. The Article highlights that statutory compensation schemes overlook the issue of wrongful exe- cution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminal jus- tice systems. The only statement I want to make is that I am an innocent man convicted of a crime I did not commit. I have been persecuted for twelve years for something I did not do. From God’s dust I came and to dust I will return, so the Earth shall become my throne. —Cameron Todd Willingham Introduction At 6:30 p.m. on February 17, 2004, Cameron Todd Willingham’s heart stopped.1 He had been executed by lethal injection for kill- ing his three small children—Amber,2 Karmon, and Kameron Willingham.3 Prior to Willingham’s execution, though, evidence * Assistant Professor of Law, Southern Methodist University, Dedman School of Law.
    [Show full text]
  • Cameron Todd Willingham, Texas, and the Death Penalty : the New Yorker
    Cameron Todd Willingham, Texas, and the death penalty : The New Yorker http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann... A REPORTER AT LARGE TRIAL BY FIRE Did Texas execute an innocent man? by David Grann SEPTEMBER 7, 2009 Cameron Todd Willingham in his cell on death row, in 1994. He insisted upon his innocence in the deaths of his children and refused an offer to plead guilty in return for a life sentence. Photograph by Ken Light. he fire moved quickly through the house, a one-story wood-frame structure in a working-class neighborhood of Corsicana, in northeast Texas. Flames spread along the walls, bursting through doorways, blistering paint and tiles and furniture. Smoke pressed against the ceiling, then banked downward, seeping into each room and through crevices in the windows, staining the morning sky. Buffie Barbee, who was eleven years old and lived two houses down, was playing in her back yard when she smelled the smoke. She ran inside and told her mother, Diane, and they hurried up the street; that’s when they saw the smoldering house and Cameron Todd Willingham standing on the front porch, wearing only a pair of jeans, his chest blackened with soot, his hair and eyelids singed. He was screaming, “My babies are burning up!” His children—Karmon and Kameron, who were one-year-old twin girls, and two-year-old Amber—were trapped inside. Willingham told the Barbees to call the Fire Department, and while Diane raced down the street to get help he found a stick and broke the children’s bedroom window.
    [Show full text]
  • REMEDYING WRONGFUL EXECUTION Meghanj. Ryan
    REMEDYING WRONGFUL EXECUTION MeghanJ. Ryan* The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigationhas been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like otherjurisdictions, is ill equipped to provide any relieffor such an egregious wrong, however. This Article identifies the difficulties that the heirs,families, and friends of wrongfully executed individ- uals face in attempting to obtain compensation for this wrong. The Article highlights that statutory compensation schemes overlook the issue of wrongful exe- cution and the greater injustice it entails and urges that the statutes be amended in light of this grievous wrong that has come to the fore of American criminaljus- tice systems. The only statement I want to make is that I am an innocent man convicted of a crime I did not commit. I have been persecuted for twelve years for something I did not do. From God's dust I came and to dust I will return, so the Earth shall become my throne. -Cameron Todd Willingham INTRODUCTION At 6:30 p.m. on February 17, 2004, Cameron Todd Willingham's heart stopped.' He had been executed by lethal injection for kill- ing his three small children-Amber, Karmon, and Kameron Willingham. Prior to Willingham's execution, though, evidence Assistant Professor of Law, Southern Methodist University, Dedman School of Law.
    [Show full text]
  • Why Capital Punishment Should Be Abolished
    WHY CAPITAL PUNISHMENT SHOULD BE ABOLISHED Arnold H. Loewy* Ten years ago at my second annual symposium, which dealt with convicting the innocent, I spoke on the topic of The Death Penalty in a World Where the Innocent Are Sometimes Convicted.' At that time, I asked whether, if we assumed that capital punishment was a bad idea on the assumption that we never convicted an innocent person, it would afortioribe a bad idea in a world where we do.2 I then weighed the value of having capital punishment versus not having capital punishment and concluded that even if no innocent person were ever convicted, we are better off without capital punishment than 3 with it. Undoubtedly, some of what I have to say will be repetitious, but some is not. I would like to begin with two examples of innocent, or possibly innocent, people being sentenced to death. These are cases that I have not previously discussed. The first is of Cameron Todd Willingham, a man from Texarkana, Texas, who was convicted of intentionally setting fire to his house, killing his three sleeping children.4 The problem was that the evidence used to convict Willingham turned out to be junk science.5 The state, and particularly then-Govemor Rick Perry, was aware of the flawed evidence, but nobody stopped the execution; thus, Mr. Willingham was executed.6 Now, I do not know him to be innocent. It is possible that he was guilty, but I do know that there was no credible evidence to prove his * George R. Killam Professor of Law, Texas Tech University School of Law.
    [Show full text]
  • 2016 Thomson Reuters. No Claim to Original U.S
    THE CONTROVERSY OF CLEMENCY AND INNOCENCE IN..., 51 Cal. W. L. Rev. 55 51 Cal. W. L. Rev. 55 California Western Law Review Fall 2014 Article THE CONTROVERSY OF CLEMENCY AND INNOCENCE IN AMERICA Sarah Lucy Cooper a1 Daniel Gough aa1 Copyright (c) 2014 California Western School of Law; Sarah Lucy Cooper; Daniel Gough INTRODUCTION Clemency has been embedded in the American criminal justice system since America was founded. 1 Justified under a mixture of retributive, redemptive, and utilitarian principles, 2 “clemency” covers “a variety of mechanisms an executive can use to remit the consequences of a crime,” 3 including pardons, commutations of *56 sentence, reprieves, and the remission of fines and forfeitures. 4 Through these mechanisms, executives and/or administrative bodies can accomplish such diverse goals as restore civil rights, acknowledge mitigating circumstances, correct egregious sentences, prevent deportations, and support political agendas. 5 They can also correct the wrongful conviction of innocents. In the 1993 case of Herrera v. Collins, the United States Supreme Court (USSC) placed extreme confidence in the clemency function to remedy wrongful convictions. 6 In ruling that Herrera's claim of actual innocence (absent some other procedural violation in his case) was not a ground for federal habeas relief, the USSC held that: (1) clemency is the “fail safe” of the criminal justice system; 7 (2) state clemency processes are the proper mechanism for assessing innocence claims; 8 and (3) clemency is the historic remedy for preventing miscarriages of justice where the judicial process has been exhausted. 9 The Supreme Court decided Herrera just as the American Innocence Movement was gaining momentum.
    [Show full text]
  • Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas V
    Minnesota Journal of Law, Science & Technology Volume 14 Issue 2 Article 8 2013 Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham Rachel Dioso-Villa Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation Rachel Dioso-Villa, Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham, 14 MINN. J.L. SCI. & TECH. 817 (2013). Available at: https://scholarship.law.umn.edu/mjlst/vol14/iss2/8 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. DIOSO-VILLA_PROOF (DO NOT DELETE) 7/12/2013 12:01 PM Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham Rachel Dioso-Villa* ABSTRACT The forensic sciences, as a form of professional knowledge, are changing with new advancements in technology and continuing research and development. With the National Academy of Science’s recent call for more research and testing of the forensic sciences, the criminal justice system is faced with the challenges of handling cases where convictions are based on outdated or discredited evidence. In light of technological advancements in the field, this article examines the evolution of fire- and arson-investigation knowledge over the course of a highly publicized capital murder case. The history of arson investigation is discussed, as is the legal admissibility of such expert testimony. Arson investigation expertise stems from non- scientific or experience-based origins, yet is conveyed in court as scientific fact. The article identifies the dangers of admitting such testimony into court without scrutiny.
    [Show full text]