Vol. 74, Issue 3, 2011

Justice Commentaries

FOREWORD

James R. Acker

Foreword to the inaugural issues of the Miscarriages of Justice issue.

Justice Commentaries

BALANCING THE COSTS OF FORECASTING ERRORS IN PAROLE DECISIONS

Richard Berk

In this paper, the author reviews the ways to think about forecasting errors in parole decisions.

Justice Commentaries
ESTIMATING EMPIRICAL BLACKSTONE RATIOS IN TWO SETTINGS: MURDER CASES AND HIRING
Shawn D. Bushway
In this paper, the author generates an estimate of the false negative rate for a representative sample of murders in Chicago.
Justice Commentaries
BLACKSTONE AND THE BALANCE OF EYEWITNESS IDENTIFICATION EVIDENCE
Steven E. Clark
This article focuses on the connection between mistaken identification and false convictions.
Justice Commentaries
DEFINING INNOCENCE
Keith A. Findley
This essay argues that innocence does indeed mean factual innocence and that the best we can do is rely on the legal standards that define guilt and presume innocence.
Justice Commentaries
MANAGING MISCARRIAGES OF JUSTICE FROM VICTIMIZATION TO REINTEGRATION
Brian Forst
This article considers the nature of miscarriages of justice, the role of each major category of criminal justice official, and the social costs associated with each major type of miscarriage.

Justice Commentaries

THE INCREASINGLY BLURRED LINE BETWEEN “MAD” AND “BAD”: TREATING PERSONALITY DISORDERS IN THE PRISON SETTING

Donna L. HallRichard P. MiragliaLi-Wen G. Lee

This article considers the debate as to the most appropriate setting for serving the mentally ill prison population.

Justice Commentaries

“THAN THAT ONE INNOCENT SUFFER”: EVALUATING STATE SAFEGUARDS AGAINST WRONGFUL CONVICTIONS

Robert J. NorrisCatherine L. BonventreAllison D. RedlichJames R. Acker

This article comprehensively describes and analyzes current state policy initiatives in several areas relevant to the prevention of wrongful convictions.

Justice Commentaries

AN INVESTIGATION OF TOP-DOWN VS. BOTTOM-UP PROCESSING IN POST-APPELLATE REVIEW OF A CRIMINAL CASE

Andrew M. SmithBrian L. CutlerKeith A. Findley

This experiment examined the extent to which the knowledge that a case has passed pre-screening by an innocence project influences case reviewer judgment through top-down case processing.

Justice Commentaries
JUSTICE DENIED?: THE EXCEPTIONAL CLEARANCE OF RAPE CASES IN LOS ANGELES
Cassia SpohnKatharine Tellis
This paper investigates the use of the exceptional clearance in sexual assault cases using data on sexual assaults reported to the LAPD and the LASD from 2005 through 2009.
Justice Commentaries
A PATCHWORK OF POLICIES: JUSTICE, DUE PROCESS, AND PUBLIC DEFENSE ACROSS AMERICAN STATES
Alissa Pollitz WordenAndrew Lucas Blaize DaviesElizabeth K. Brown
This article examines state policies on three key stages at which the right to counsel may be critical: bail hearings; pretrial, plea, and trial hearings; and appeals of convictions.
Justice Commentaries
AN INTEGRATED JUSTICE MODEL OF WRONGFUL CONVICTIONS
Marvin Zalman
This article offers an interdisciplinary model of the innocence movement—the Integrated Justice Model—which complements the innocence paradigm that emerged from and has shaped the innocence movement.
Justice Commentaries
WHY AND HOW NEW YORK SHOULD ENACT MANDATORY STATEWIDE EYEWITNESS IDENTIFICATION PROCEDURES
Andrew D. Rikard
This comment proposes that New York State, through the adoption of mandatory statewide witness identification procedures, fulfill its moral and ethical duty to protect the innocent.

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