[PDF] Miscarriages Of Justice In Potentially Capital Cases eBook

Author : Michael L. Radelet
Publisher : UPNE
Page : 422 pages
File Size : 17,51 MB
Release : 1992
Category : Law
ISBN : 9781555531973

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

Author : Charles J. Ogletree, Jr.
Publisher : NYU Press
Page : 361 pages
File Size : 16,32 MB
Release : 2009-01-01
Category : Law
ISBN : 0814762255

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Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

Author : James S. Liebman
Publisher : Columbia University Press
Page : 448 pages
File Size : 36,24 MB
Release : 2014-07-08
Category : Law
ISBN : 0231167237

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In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLunaÕs conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLunaÕs defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a ÒphantomÓ of DeLunaÕs imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and HernandezÕs violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

Author : Carol S. Steiker
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 22,11 MB
Release : 2019
Category : Law
ISBN : 1786433257

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Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.

Author : Jim Dwyer
Publisher : Doubleday Books
Page : 314 pages
File Size : 34,85 MB
Release : 2000
Category : Law
ISBN : 038549341X

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

Author : Marvin D. Free, Jr.
Publisher :
Page : 334 pages
File Size : 33,69 MB
Release : 2015-03-25
Category : African American criminals
ISBN : 9781626372375

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¿This book will be the definitive scholarly reference on this topic and a must-read for anyone interested in miscarriages of justice. Essential.¿ ¿Choice ¿A good choice for academic collections and public libraries where social issues are of interest.¿ ¿Rebecca Vnuk, Booklist ¿Insightful and well-researched.... an important contribution. Free and Ruesink¿s approach provides much needed context for the large number of wrongful conviction cases involving African Americans.¿ ¿Shaun Gabbidon, Pennsylvania State University Harrisburg In this investigation of some 350 wrongful convictions of African American men, Marvin Free and Mitch Ruesink critically examine how issues of race undercut the larger goals of our criminal justice system. Free and Ruesink expand the focus of wrongful conviction studies to include not only homicide, but also sexual assault, drug dealing, and nonviolent crime. Their careful analysis reveals that black men accused of crimes against white victims account for a disproportionate number of wrongful convictions. They also uncover other disturbing failings on the part of prosecutors, police, witnesses, and informants. Highlighting the systemic role of race, the authors challenge us to move past the ¿just a few bad apples¿ explanation and to instead examine what it is about our criminal justice system that allows the innocent to be judged guilty. Marvin D. Free, Jr., is professor of sociology at the University of Wisconsin¿Whitewater. He is coauthor of Crime, Justice, and Society and editor of Racial Issues in Criminal Justice: The Case of African Americans. Mitch Ruesink teaches psychology at Waukesha County Technical College.

Author : Ivan Šimonović
Publisher : UN
Page : 212 pages
File Size : 40,23 MB
Release : 2014
Category : Law
ISBN : 9789211542158

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Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.

Author : Robert J. Norris
Publisher :
Page : 0 pages
File Size : 41,58 MB
Release : 2018
Category : Criminal justice, Administration of
ISBN : 9781611638561

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Wrongful convictions have become a prominent concern in state and federal systems of justice. As thousands of innocent prisoners have been freed in the United States in the past few decades, social science researchers and legal actors have produced a wealth of new insights about how and why mistakes occur and what can be done to help prevent further injustices. When Justice Fails surveys the field of innocence scholarship to offer an overview of the key research, legal, and policy issues associated with wrongful convictions. Topics include the leading sources of error, the detection and correction of miscarriages of justice, the aftermath of wrongful convictions, and more. The volume includes references to historic and contemporary instances of miscarriages of justice and presents information gleaned from media sources about the cases and related policy issues. The book is ideally suited for use in undergraduate classes which focus on wrongful convictions and the administration of justice. PowerPoint slides are available to professors upon adoption of this book. You can download a sample of the full 139-slide presentation here. If you have adopted the book for a course, contact [email protected] to request the PowerPoint slides. "The learning objectives presented in the beginning of each chapter are accomplished through a variety of ways. Importantly, regardless of a student's background, discussions are presented from so many different angles that the material is tailored to all readers. Each chapter starts with a case study, introduces new concepts, discusses the related law, and concludes with presenting policy reforms. The authors not only present the issues related to wrongful convictions but the potential solutions as well." -- Matthew R. Hassett, UNC-Pembroke "I will continue to frequently open this book and read it to make myself a better police officer and to pass on knowledge to do my part in preventing wrongful convictions." -- Earthen McEachen, Senior Capstone student at Curry College in Boston