University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1998 Lost Lives: Miscarriages of Justice in Capital Cases Samuel R. Gross University of Michigan Law School,
[email protected] Available at: https://repository.law.umich.edu/articles/191 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Criminal Procedure Commons, and the Evidence Commons Recommended Citation Gross, Samuel R. "Lost Lives: Miscarriages of Justice in Capital Cases." Law & Contemp. Probs. 61, no. 4 (1998): 125-52. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. LOST LIVES: MISCARRIAGES OF JUSTICE IN CAPITAL CASES SAMUEL R. GROSS* I INTRODUCTION One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are liti- gated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to se- vere faults; to proponents, from tolerable costs to major virtues. Until recently, however, the conviction of innocent defendants was not seen as a special haz- ard of capital punishment.