Download or read book Should Inmates be Entitled to Post Conviction DNA Testing written by Alexis Gubser and published by . This book was released on 2013 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Post Conviction DNA Testing and the Emergence of a Fundamental Constitutional Right written by Jay D. Aronson and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American criminal justice system is designed to ensure that innocent men and women are not wrongfully convicted for crimes that they did not commit. Despite numerous safeguards, defense lawyers and civil liberties advocates have been arguing for years that the legal system is fundamentally unfair and unjust. Because of power and resource imbalances, the argument goes, federal and state prosecutors routinely win convictions against individuals who did not commit the crimes for which they were on trial. As a result, thousands of actually innocent people are languishing in prisons and death rows around the country. In the past, such claims were difficult to prove, primarily because of the degradation of evidence, both physical and eyewitness, and the fundamental belief in the correctness of legal decision-making. However, forensic DNA analysis is increasingly being used in post-conviction litigation to prove that innocent people have been wrongfully incarcerated. Yet the decisions of our criminal courts are considered to be final unless a defendant's constitutional rights were violated at trial. That belief is so strong that, in the landmark 1993 case of Herrera v. Collins, the Supreme Court ruled that even the "actual innocence" of prisoner was not sufficient to necessitate the reversal of a conviction. Rather, it could only serve as the "gateway though which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits." This requirement has raised significant legal challenges for defense lawyers hoping to use DNA test results to vacate the convictions of their clients. Consequently, many defense lawyers have called for the creation of a fundamental constitutional right to post-conviction testing, thus over-riding the balancing and utility tests that prosecutors and courts use to deny access to biological evidence. This demand is based on the claim that DNA evidence has the power to provide "cast iron scientific proof" that our system convicts and sentences innocent people on a regular basis. These legal arguments have raised fundamental questions about the constitutional implications of technological change. If a constitutional right to post-conviction DNA testing is eventually recognized, then legal procedure will lose some of its status as the legitimator of legal finality to the authority of science and technology. Indeed, it is precisely for this reason that the issue has been so contested within the judicial community. While some judges have been eager to modify existing legal procedure based on the authority of DNA evidence, others have sought to defend the sanctity of procedure in law from incursions by alternative sources of finality. At stake is the means by which our legal system guarantees justice and social order.
Download or read book Post Conviction DNA Testing and Wrongful Conviction Scholar s Choice Edition written by John Roman and published by Scholar's Choice. This book was released on 2015-02-16 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Postconviction DNA Testing written by National Commission on the Future of DNA Evidence (National Institute of Justice) and published by . This book was released on 1999 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A report from National Commission on the Future of DNA Evidence"--Cover.
Download or read book DNA and the Criminal Justice System written by David Lazer and published by MIT Press. This book was released on 2004 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.
Download or read book Convicted by Juries Exonerated by Science written by Edward F. Connors and published by DIANE Publishing. This book was released on 1996 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of DNA technology furthers the search for truth by helping police & prosecutors in the fight against violent crime. Most of the individuals whose stories are told in the report were convicted after jury trials & were sentenced to long prison terms. They successfully challenged their convictions, using DNA tests on existing evidence. They had served, on average, seven years in prison. By highlighting the importance & utility of DNA evidence, this report presents challenges to the scientific & justice communities. A task ahead is to maintain the highest standards for the collection & preservation of DNA evidence.
Download or read book ABA Standards for Criminal Justice written by American Bar Association. Criminal Justice Standards Committee and published by American Bar Association. This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although the Standards in this volume are considered part of the set of Third Edition ABA Criminal Justice Standards, the earlier editions did not include standards on DNA evidence. Therefore, the Standards included here are the first ABA Criminal Justice Standards on DNA Evidence."--Page iii.
Download or read book Post conviction DNA Testing written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2001 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Picking Cotton written by Jennifer Thompson-Cannino and published by St. Martin's Press. This book was released on 2010-01-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times best selling true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years. Jennifer Thompson was raped at knifepoint by a man who broke into her apartment while she slept. She was able to escape, and eventually positively identified Ronald Cotton as her attacker. Ronald insisted that she was mistaken-- but Jennifer's positive identification was the compelling evidence that put him behind bars. After eleven years, Ronald was allowed to take a DNA test that proved his innocence. He was released, after serving more than a decade in prison for a crime he never committed. Two years later, Jennifer and Ronald met face to face-- and forged an unlikely friendship that changed both of their lives. With Picking Cotton, Jennifer and Ronald tell in their own words the harrowing details of their tragedy, and challenge our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness.
Download or read book Wrongful Convictions and the DNA Revolution written by Daniel S. Medwed and published by Cambridge University Press. This book was released on 2017-03-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.
Download or read book Infinite Hope written by Anthony Graves and published by Beacon Press. This book was released on 2018-01-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a wrongfully convicted man who spent 16 years in solitary confinement and 12 years on death row, a powerful memoir about fighting for—and winning—exoneration. In the summer of 1992, a grandmother, a teenage girl, and four children under the age of ten were beaten and stabbed to death in Somerville, Texas. The perpetrator set the house on fire to cover his tracks, deepening the heinousness of the crime and rocking the tiny community to its core. Authorities were eager to make an arrest. Five days later, Anthony Graves was in custody. Graves, then twenty-six years old and without an attorney, was certain that his innocence was obvious. He did not know the victims, he had no knowledge about the crime, and he had an airtight alibi with witnesses. There was also no physical evidence linking him to the scene. Yet Graves was indicted, convicted of capital murder, sentenced to death, and, over the course of twelve years on death row, given two execution dates. He was not freed for eighteen years, two months, four days. Through years of suffering the whims of rogue prosecutors, vote-hungry district attorneys, and Texas State Rangers who played by their own rules, Graves was frequently exposed to the dire realities of being poor and black in the criminal justice system. He witnessed fellow inmates who became his friends and confidants be taken away, one by one, to their deaths. And he missed out on seeing his three young sons mature into men. Graves’s only solace was his infinite hope that the state would not execute him for a crime he did not commit. To maintain his dignity and sanity, Graves made sure as many people as possible knew about his case. He wrote letters to whomever he thought would listen. Pen pals in countries all over the world became allies, and he attracted the attention of a savvy legal team that overcame setback after setback, chiseling away at the state’s faulty case against him. Everyone’s efforts eventually worked. After Graves’s exoneration, the original prosecutor on his case was disbarred. Graves is one of a growing number of innocent people exonerated from death row. The moving account of his saga—of his ultimate fight for freedom from inside a prison cell—is as haunting as it is poignant, and as shameful to the legal system as it is inspiring to those on the losing end of it.
Download or read book Actual Innocence written by Jim Dwyer and published by Doubleday Books. This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison
Download or read book Post Conviction DNA Test When Is Justice Served Serial No J 106 88 S Hrg 106 1061 ERRATA June 13 2000 106 2 Hearing written by and published by . This book was released on 2005 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The California Prison and Parole Law Handbook written by Heather MacKay and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General s Manual on the Administrative Procedure Act written by United States. Department of Justice and published by . This book was released on 1947 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
