Presumption of Innocence in Peril

Presumption of Innocence in Peril
Author: Anthony Gray
Publisher: Lexington Books
Total Pages: 209
Release: 2017-11-08
Genre: Political Science
ISBN: 1498554113

This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

Not Guilty

Not Guilty
Author: Daniel Givelber
Publisher: NYU Press
Total Pages: 228
Release: 2012-06-11
Genre: Social Science
ISBN: 0814732178

“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

Convicting the Innocent

Convicting the Innocent
Author: Brandon L. Garrett
Publisher: Harvard University Press
Total Pages: 376
Release: 2011-08-04
Genre: Art
ISBN: 0674060989

On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

Convicting the innocent

Convicting the innocent
Author: Edwin Montefiore Borchard
Publisher: Рипол Классик
Total Pages: 407
Release: 1961
Genre: History
ISBN: 5874980261

The Bail Book

The Bail Book
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
Total Pages: 331
Release: 2018
Genre: Law
ISBN: 1107131367

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

A Concise History of the Common Law

A Concise History of the Common Law
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 828
Release: 2001
Genre: Common law
ISBN: 1584771372

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Three Felonies a Day

Three Felonies a Day
Author: Harvey Silverglate
Publisher: Encounter Books
Total Pages: 390
Release: 2011-06-07
Genre: Law
ISBN: 1594035229

"The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner and then goes to sleep, unaware that he or she has likely committted several federal crimes that day ... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.

The Privilege Against Self-Incrimination

The Privilege Against Self-Incrimination
Author: R. H. Helmholz
Publisher: University of Chicago Press
Total Pages: 336
Release: 1997-06-08
Genre: Law
ISBN: 9780226326603

Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.

The Internationalisation of Criminal Evidence

The Internationalisation of Criminal Evidence
Author: John D. Jackson
Publisher: Cambridge University Press
Total Pages: 443
Release: 2012-01-19
Genre: Law
ISBN: 110701865X

An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Guilty Until Proven Innocent

Guilty Until Proven Innocent
Author: Jon Robins
Publisher: Biteback Publishing
Total Pages: 213
Release: 2018-05-08
Genre: Political Science
ISBN: 178590390X

Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the 'bad old days' of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain's legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.