Wednesday, October 16, 2013
Myles Frederick McLellan (Algoma University) has posted The Real Number of Wrongful Convictions and Presumptive Innocence on SSRN. Here is the abstract:
Based upon a narrow definition of innocence, it has been estimated that upward of one half to one per cent of convictions are wrongful each year. This paper considers a broader, but potentially more realistic definition of innocence, and argues that the presumption of innocence is more than a procedural due process right. By applying innocence to acquittals, wrongful cases are identifiable and the individuals who have been subjected to the excruciating burden of being accused of criminality are considered truly innocent by the only legal mechanism we have.