Description of Bite Mark Exonerations
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Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda Paul G
Journal of Criminal Law and Criminology Volume 88 Article 2 Issue 2 Winter Winter 1998 Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda Paul G. Cassell Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Paul G. Cassell, Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda, 88 J. Crim. L. & Criminology 497 (Winter 1998) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/98/8802-0497 TI' JOURNAL OF CRIMINAL LAW& CRIMINOLOGY Vol. 88, No. 2 Copyright 0 1998 by Northwestern Unh-rsity, School of Law PrinW in U.S.A PROTECTING THE INNOCENT FROM FALSE CONFESSIONS AND LOST CONFESSIONS-AND FROM MIRANDA PAUL G. CASSELL" For most of the last several decades, criminal procedure scholarship-mirroring the Warren Court landmarks it was commenting on-spent little time discussing the guiltless and much discussing the guilty. Recent scholarship suggests a dif- ferent focus is desirable. As one leading scholar recently put it, "the Constitution seeks to protect the innocent."' Professors Leo and Ofshe's preceding article,2 along with ar- ticles like it by (among others) Welsh White and Al Alschuler,4 commendably adopts this approach. Focusing on the plight of an innocent person who confessed to a crime he5 did not com- mit, they recommend certain changes in the rules governing po- " Professor of Law, University of Utah College of Law ([email protected]). -
Consequences of Failing to Admit Guilt at Parole Hearings Daniel S
MEDWED_TRANSMITTED.DOC2 2/26/2008 1:51 PM The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings Daniel S. Medwed∗ INTRODUCTION ....................................................................................... 493 I. THE THEORY AND PRACTICE OF PAROLE ................................................ 497 A. HISTORICAL ORIGINS AND PURPOSES OF PAROLE ................................ 497 B. PAROLE RELEASE DECISION-MAKING: CONTEMPORARY STANDARDS AND POLICIES .................................................................................... 504 II. THE EFFECT OF PAROLE RELEASE DECISION-MAKING NORMS ON THE INNOCENT ............................................................................................... 513 A. PAROLE: AN INNOCENCE OPTION OF LAST RESORT ............................. 518 B. PRESSURE ON INNOCENT INMATES TO “ADMIT” GUILT ........................ 523 III. ADMISSIONS OF GUILT AND THE PAROLE RELEASE DECISION RECONSIDERED ....................................................................................... 529 A. THE DANGER OF ASSUMING THE LITIGATION PROCESS ACCURATELY FILTERS THE GUILTY FROM THE INNOCENT ......................................... 530 B. POTHOLES ON THE PATH TO REDEMPTION THROUGH THE PAROLE PROCESS ........................................................................................... 532 IV. SUGGESTIONS FOR REFORM .................................................................... 541 A. LIMITATIONS ON THE SUBSEQUENT USE OF STATEMENTS FROM PAROLE HEARINGS ........................................................................... -
The Myth of the Presumption of Innocence
Texas Law Review See Also Volume 94 Response The Myth of the Presumption of Innocence Brandon L. Garrett* I. Introduction Do we have a presumption of innocence in this country? Of course we do. After all, we instruct criminal juries on it, often during jury selection, and then at the outset of the case and during final instructions before deliberations. Take this example, delivered by a judge at a criminal trial in Illinois: "Under the law, the Defendant is presumed to be innocent of the charges against him. This presumption remains with the Defendant throughout the case and is not overcome until in your deliberations you are convinced beyond a reasonable doubt that the Defendant is guilty."' Perhaps the presumption also reflects something more even, a larger commitment enshrined in a range of due process and other constitutional rulings designed to protect against wrongful convictions. The defense lawyer in the same trial quoted above said in his closings: [A]s [the defendant] sits here right now, he is presumed innocent of these charges. That is the corner stone of our system of justice. The best system in the world. That is a presumption that remains with him unless and until the State can prove him guilty beyond2 a reasonable doubt. That's the lynchpin in the system ofjustice. Our constitutional criminal procedure is animated by that commitment, * Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law. 1. Transcript of Record at 13, People v. Gonzalez, No. 94 CF 1365 (Ill.Cir. Ct. June 12, 1995). 2. -
How and Why Illinois Abolished the Death Penalty
Minnesota Journal of Law & Inequality Volume 30 Issue 2 Article 2 December 2012 How and Why Illinois Abolished the Death Penalty Rob Warden Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Rob Warden, How and Why Illinois Abolished the Death Penalty, 30(2) LAW & INEQ. 245 (2012). Available at: https://scholarship.law.umn.edu/lawineq/vol30/iss2/2 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 245 How and Why Illinois Abolished the Death Penalty Rob Wardent Introduction The late J. Paul Getty had a formula for becoming wealthy: rise early, work late-and strike oil.' That is also the formula for abolishing the death penalty, or at least it is a formula-the one that worked in Illinois. When Governor Pat Quinn signed legislation ending capital punishment in Illinois on March 9, 2011, he tacitly acknowledged the early rising and late working that preceded the occasion. "Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it." 2 The experience to which the governor referred was not something that dropped like a gentle rain from heaven upon the place beneath and seeped into his consciousness by osmosis. Rather, a cadre of public defenders, pro bono lawyers, journalists, academics, and assorted activists, devoted tens of thousands, perhaps hundreds of thousands, of hours, over more than three decades, to the abolition movement. -
From False Evidence Ploy to False Guilty Plea: an Unjustified Path to Securing Convictions Introduction
COMMENT From False Evidence Ploy to False Guilty Plea: An Unjustified Path to Securing Convictions introduction On June 20, 1991, two police officers brought an African American man named Anthony Gray into custody for questioning related to the unsolved rape and murder of a woman in Calvert County, Maryland.1 During the interroga- tion, the detectives lied to Mr. Gray about the evidence police held against him. They told him that two other men had confessed to involvement in the crime and had named Mr. Gray as the killer.2 They told him that he had failed two hour-long polygraph tests.3 And they told him that they “knew” he had com- mitted the crime.4 In reality, no one had confessed to the crime or identified Anthony Gray as the perpetrator.5 Mr. Gray did not fail the polygraph tests.6 Instead, the police had gathered “a substantial amount of exculpating evidence” during the period of time when Mr. Gray was being interrogated.7 Witnesses reported having seen a lone white man driving from the crime scene in the victim’s car, and the hair evidence that police recovered could have only come from a Caucasian 1. Gray v. Maryland, No. CIV.CCB-02-0385, 2004 WL 2191705, at *2 (D. Md. Sept. 24, 2004). This account of Anthony Gray’s case is based on judicial opinions that present the factual record in the light most favorable to the defendant. 2. Gray v. Maryland, 228 F. Supp. 2d 628, 632 (D. Md. 2002). 3. Gray, 2004 WL 2191705, at *3. -
IN the SUPREME COURT of FLORIDA CASE NO. SC09-568 BOBBY RALEIGH, Appellant, V. STATE of FLORIDA, Appellee. on APPEAL from the CI
IN THE SUPREME COURT OF FLORIDA CASE NO. SC09-568 BOBBY RALEIGH, Appellant, v. STATE OF FLORIDA, Appellee. ON APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, STATE OF FLORIDA INITIAL BRIEF OF APPELLANT MARTIN J. MCCLAIN Florida Bar No. 0754773 McClain & McDermott, P.A. Attorneys at Law 141 NE 30th Street Wilton Manors, FL 33334 (305) 984-8344 COUNSEL FOR APPELLANT PRELIMINARY STATEMENT Citations in this brief to designate references to the records, followed by the appropriate page number, are as follows: AT. ___@ - Record on appeal to this Court in the 1981 direct appeal; APC-T. ___@ - Record on appeal to this Court from initial Rule 3.851 from the denial of post-conviction relief after an evidentiary hearing; APC-R2. ___@ - Record on appeal to this Court in the curret appeal from the summary denial of post-conviction relief; All other citations will be self-explanatory or will otherwise be explained. i TABLE OF CONTENTS Page PRELIMINARY STATEMENT ........................................ i TABLE OF CONTENTS ........................................... ii TABLE OF AUTHORITIES ........................................ iv STATEMENT OF THE CASE ........................................ 1 A. Procedural History ................................. 1 B. Relevant Facts ..................................... 8 STANDARD OF REVIEW .......................................... 15 SUMMARY OF ARGUMENT ......................................... 16 ARGUMENT I MR. RALEIGH=S SENTENCE OF DEATH VIOLATES THE EIGHTH AND FOURTEENTH AMENDMENTS BECAUSE IT IS THE RESULT OF A PROCESS THAT PERMITTED AN ARBITRARY AND CAPRICIOUS IMPOSITION OF A SENTENCE OF DEATH ...................... 17 A. Introduction ...................................... 17 B. The ABA Report .................................... 24 C. Florida - An Arbitrary and Capricious Death Penalty System ............................................ 25 1. The number of executions ..................... 25 2. The exonerated .............................. -
Center for Constitutional Rights & Innocence Project Brief
Case 19-3956, Document 172, 12/17/2020, 2996027, Page1 of 36 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 19-3956 & 20-2427 OUSMAN DARBOE, Petitioner, v. WILLIAM P. BARR, United States Attorney General, Respondent. On Petition for Review of a Final Decision of the Board of Immigration Appeals, No. A 201 119 754 BRIEF OF AMICUS CURIAE OF THE CENTER FOR CONSTITUTIONAL RIGHTS AND THE INNOCENCE PROJECT, INC. IN SUPPORT OF PETITIONER'S PETITION FOR REVIEW OF A FINAL DECISION OF THE BOARD OF IMMIGRATION APPEALS [Counsel names and addresses appear on following page] Case 19-3956, Document 172, 12/17/2020, 2996027, Page2 of 36 Darius Charney Baher Azmy Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6475 [email protected] M. Chris Fabricant THE INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, NY 10013 (212) 364-5340 [email protected] ii Case 19-3956, Document 172, 12/17/2020, 2996027, Page3 of 36 Table of Contents Table of Authorities ........................................................................................ v CORPORATE DISCLOSURE STATEMENT ............................................. ix STATEMENT OF INTEREST ....................................................................... 1 SUMMARY OF ARGUMENT ...................................................................... 3 ARGUMENT .................................................................................................. 4 I. THE NEW YORK POLICE DEPARTMENT (“NYPD”) HAS A HISTORY AND PRACTICE OF RACIAL PROFILING AND SUSPICIONLESS STOPS AND FRISKS ............................ 5 A. NYPD’s Stop-and-Frisk Practices Were Found to be Racially Discriminatory and Unconstitutional ........................... 8 B. The NYPD’s Unconstitutional Implementation of Stop and Frisk Was Particularly Egregious in the Bronx ................. 10 C. Arrests Arising from Terry Stops Are at Best Questionable Indicators of Actual Criminal Wrongdoing ............................. 13 II. -
Confessions, Convictions and Controversy: an Examination of False Confessions Leading to Wrongful Convictions in the United States Throughout History
165 Journal of Race, Gender, and Ethnicity Volume 9 – May 2020 CONFESSIONS, CONVICTIONS AND CONTROVERSY: AN EXAMINATION OF FALSE CONFESSIONS LEADING TO WRONGFUL CONVICTIONS IN THE UNITED STATES THROUGHOUT HISTORY Kirandeep Kaur* I. INTRODUCTION American history is unfortunately replete with hundreds, if not thousands, of instances of false confessions.1 Due to our error prone systems in place, the likelihood of the police obtaining false confessions from otherwise innocent people for crimes they did not commit is not as small as one might believe.2 These false confessions then turn into wrongful convictions, resulting in a win for the law enforcement and prosecutors by way of a closed case, yet a loss of liberty and freedom of the accused.3 Unfortunately, this issue carries ramifications that go beyond an innocent person who will be quickly forgotten and left in jail serving a sentence.4 The real perpetrators live free within society to commit the same crime over and over until they are caught; that is, if they are caught.5 The retributive justice of the incarceration system goes unfulfilled, as society erroneously believes they have avenged the crime, while the real perpetrator roams free.6 Equally important, rehabilitation of the perpetrator is not achieved as their behavior remains unaltered. Further, utilitarian justifications for our criminal system also go unfulfilled as there are absolutely no benefits to society when erroneously convicting. There is no deterrence or reform as the * Kirandeep Kaur is a Juris Doctor Candidate for May 2021 at Touro College Jacob D. Fuchsberg Law Center. 1 Richard A. Leo, False Confessions: Causes, Consequences and Implications, in Journal of the American Academy of Psychiatry and the Law, AAPL (Sept. -
The Ethical Limits of Discrediting the Truthful Witness
Marquette Law Review Volume 99 Article 4 Issue 2 Winter 2015 The thicE al Limits of Discrediting the Truthful Witness: How Modern Ethics Rules Fail to Prevent Truthful Witnesses from Being Discredited Through Unethical Means Todd A. Berger Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Courts Commons, and the Evidence Commons Repository Citation Todd A. Berger, The Ethical Limits of Discrediting the Truthful Witness: How Modern Ethics Rules Fail to Prevent Truthful Witnesses from Being Discredited Through Unethical Means, 99 Marq. L. Rev. 283 (2015). Available at: http://scholarship.law.marquette.edu/mulr/vol99/iss2/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. THE ETHICAL LIMITS OF DISCREDITING THE TRUTHFUL WITNESS: HOW MODERN ETHICS RULES FAIL TO PREVENT TRUTHFUL WITNESSES FROM BEING DISCREDITED THROUGH UNETHICAL MEANS TODD A. BERGER* Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and closing argument to cast doubt on the testimony of a credible witness. -
Wrongful Conviction: Leading Factors and Compensation Policies Christina Herrod Grand Valley State University
Grand Valley State University ScholarWorks@GVSU Honors Projects Undergraduate Research and Creative Practice 5-2016 Wrongful Conviction: Leading Factors and Compensation Policies Christina Herrod Grand Valley State University Follow this and additional works at: http://scholarworks.gvsu.edu/honorsprojects Part of the Law Commons Recommended Citation Herrod, Christina, "Wrongful Conviction: Leading Factors and Compensation Policies" (2016). Honors Projects. 561. http://scholarworks.gvsu.edu/honorsprojects/561 This Open Access is brought to you for free and open access by the Undergraduate Research and Creative Practice at ScholarWorks@GVSU. It has been accepted for inclusion in Honors Projects by an authorized administrator of ScholarWorks@GVSU. For more information, please contact [email protected]. Running head: WRONGFUL CONVICTION: LEADING FACTORS AND COMPENSATION POLICIES Wrongful Conviction: Leading Factors and Compensation Policies Christina Herrod Grand Valley State University HNR 499-03 WRONGFUL CONVICTION: LEADING FACTORS AND COMPENSATION POLICIES Herrod 1 Introduction Imagine being convicted of a crime, sent to prison, or sentenced to death for a crime that you did not commit. That is what some individuals have had to go through, despite being innocent. Interrogation tactics used by police have an impact on false confessions and wrongful convictions. False confessions are an issue within the criminal justice system because an innocent person will confess to a crime they did not commit, due to pressures from the interrogation process. When an individual confesses this increases the likelihood that they will be convicted of a crime innocently. Some states have started to take action to require a recording of interrogations; however, the policy varies among states. -
Wrongful Convictions After a Century of Research Jon B
CORE Metadata, citation and similar papers at core.ac.uk Provided by Northwestern University Illinois, School of Law: Scholarly Commons Journal of Criminal Law and Criminology Volume 100 Article 7 Issue 3 Summer Summer 2010 One Hundred Years Later: Wrongful Convictions after a Century of Research Jon B. Gould Richard A. Leo Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Jon B. Gould, Richard A. Leo, One Hundred Years Later: Wrongful Convictions after a Century of Research, 100 J. Crim. L. & Criminology 825 (2010) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/10/10003-0825 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 100, No. 3 Copyright © 2010 by Jon B. Gould & Richard A. Leo Printed in U.S.A. II. “JUSTICE” IN ACTION ONE HUNDRED YEARS LATER: WRONGFUL CONVICTIONS AFTER A CENTURY OF RESEARCH JON B. GOULD* & RICHARD A. LEO** In this Article, the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This Article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. -
Study of Victim Experiences of Wrongful Conviction
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Study of Victim Experiences of Wrongful Conviction Author(s): Seri Irazola, Ph.D., Erin Williamson, Julie Stricker, Emily Niedzwiecki Document No.: 244084 Date Received: November 2013 Award Number: GS-23F-8182H This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant report available electronically. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Final Report Study of Victim Experiences of Wrongful Conviction Contract No. GS-23F-8182H September, 2013 Submitted to: National Institute of Justice Office of Justice Programs U.S. Department of Justice Submitted by: ICF Incorporated 9300 Lee Highway Fairfax, VA 22031 Final Report Study of Victim Experiences of Wrongful Conviction Contract No. GS-23F-8182H September, 2013 Submitted to: National Institute of Justice Office of Justice Programs U.S. Department of Justice Submitted by: ICF Incorporated 9300 Lee Highway Fairfax, VA 22031 Study of Victim Experiences of Wrongful Conviction Study of Victim Experiences of Wrongful Conviction Seri Irazola, Ph.D. Erin Williamson Julie Stricker Emily Niedzwiecki ICF International 9300 Lee Highway Fairfax, VA 22031-1207 This project was supported by Contract No. GS-23F-8182H, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the authors and do not necessarily reflect those of the U.S.