CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, May 11, 2017

Garrett on Actual Innocence and Wrongful Convictions

Garrett brandonBrandon L. Garrett (University of Virginia School of Law) has posted Actual Innocence and Wrongful Convictions (Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017 Forthcoming)) on SSRN. Here is the abstract:

In response to wrongful convictions, there has been a revolution in criminal procedure and in research in law and science. Scholars have increasingly studied the characteristics of known wrongful conviction cases and they have conducted interdisciplinary research designed to assess potential changes to procedures used in criminal cases. Scientific bodies have made important recommendations based on this research, and in response, a wide range of jurisdictions have adopted noteworthy changes designed to safeguard crucial types of evidence, such as confession, forensic, and eyewitness evidence, during police investigations and at trial. As a result, both law and science have come together to produce tangible improvements to criminal justice.

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Topic: sufficiency of evidence in a criminal circumstantial evidence case. There is a federal decision. But many states ignore the 14th Amd and the need for a due process criteria. These states are UnReconstructed-- meaning they refuse to recognize the 14th Amendment passed in the Reconstruction Era. Missouri is one such state. State v. Samuel Freeman is one example. State v. Donald Nash is another.

Posted by: Liberty1st | May 13, 2017 8:43:09 PM

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