Vol. 79, Issue 3, 2016

IF HINDSIGHT IS 20/20, OUR JUSTICE SYSTEM SHOULD NOT BE BLIND TO NEW EVIDENCE OF INNOCENCE: A SURVEY OF POST-CONVICTION NEW EVIDENCE STATUTES AND A PROPOSED MODEL

Justin BrooksAlexander SimpsonPaige Kaneb

This article surveys the new evidence standard in post-conviction from around the country and explores the practical and legal ramifications of these standards.

Justice Commentaries

MENTAL COMPETENCY LAW AND PLEA BARGAINING: A NEUROPHENOMENOLOGICAL CRITIQUE

Robert SchehrChelsea French

This article argues that the jurisprudential assumption that human beings are rational actors capable of making decisions that maximize their interests is, when exposed to social and natural science, flawed.

Justice Commentaries
THE PROSECUTOR’S DUTY OF SILENCE
Bennett Gershman
This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.
Justice Commentaries
CONFRONTING THE ELEPHANTS IN THE COURTROOM THROUGH PROSECUTOR LED DIVERSION EFFORTS
Erica McWhorterDavid LaBahn
This article examines how prosecutor use of pretrial intervention efforts are useful for achieving public safety.
Justice Commentaries
ELEPHANTS IN THE COURTROOM: EXAMINING OVERLOOKED ISSUES IN WRONGFUL CONVICTIONS
James R. AckerAllison D. RedlichCatherline L. BonventreRobert J. Norris
Foreword to Miscarriages of Justice volume.
Justice Commentaries
INNOCENCE PROJECT: DNA EXONERATIONS, 1989-2014: REVIEW OF DATA AND FINDINGS FROM THE FIRST 25 YEARS
Emily WestVanessa Meterko
This report offers a first-time comprehensive review of data collected by the Innocence Project on DNA exonerations.

Justice Commentaries

THESE LIVES MATTER, THOSE ONES DON’T: COMPARING EXECUTION RATES BY THE RACE AND GENDER OF THE VICTIM IN THE U.S. AND IN THE TOP DEATH PENALTY STATES

Frank R. BaumgartnerEmma JohnsonColin WilsonClarke Whitehead

This article argues that the death penalty, as applied in every major state, violates the most basic concepts of equal protection.

Justice Commentaries

RECANTATIONS AND THE PERJURY SWORD

Russell D. Covey

This essay sets forth the argument for reforming our approach to recantation evidence.

Justice Commentaries

ORWELL’S ELEPHANT AND THE ETIOLOGY OF WRONGFUL CONVICTIONS

James M. Doyle

This essay considers the question: is the challenge presented by wrongful convictions one best approached as protecting a safe system from amoral people or one of repairing a vulnerable system?

Justice Commentaries
A NEARLY PERFECT SYSTEM FOR CONVICTING THE INNOCENT
Albert W. Alschuler
This essay argues that plea bargaining plainly makes it advantageous for innocent defendants with good prospects of acquittal to plead guilty.
Justice Commentaries
ELEPHANTS IN THE STATION HOUSE: SERIAL CRIMES, WRONGFUL CONVICTIONS, AND EXPANDING WRONGFUL CONVICTION ANALYSIS TO INCLUDE POLICE INVESTIGATION
Marvin ZalmanMatthew Larson
In this article the authors advocate that the study of miscarriages of justice be expanded to view the entirety of police crime investigation as a source of wrongful convictions.

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