Ebooks for the Classroom+Faculty

Convicting the Innocent: Where Criminal Prosecutions Go Wrong
ISBN: 9780674060982
Platform/Publisher: JSTOR / Harvard University Press
Digital rights: Users: unlimited; Printing: chapter; Download: chapter
Subjects: Judicial error -- United States; Evidence Criminal -- United States; Post-conviction remedies -- United States;

Set against the backdrop of recent DNA exonerations of "convicted" felons, University of Virginia Law School professor Garret delves deep into the reasons why the system fails, and successfully isolates and analyzes these errors. As Garrett exposes the systematic causes of wrongful convictions, he also identifies the costs to the falsely accused individuals and to society, especially distrust of the criminal justice system among minority communities. In support of the latter point, Garrett notes that 70% of the first 250 DNA exonerees were minorities. The list of factors contributing to wrongful convictions may shock even knowledgeable readers: false and contaminated confessions; eyewitness reports; forensics evidence misconstrued, undeveloped, or ignored: "trial by liar"; the use of jailhouse informants; incompetent defense counsel; and prosecutorial misconduct, among others. While false convictions are a recognized phenomenon, Garrett focuses much needed attention on potential solutions, offering concrete suggestions for reform. (Apr.) © Copyright PWxyz, LLC. All rights reserved.

Brandon L. Garrett is Professor of Law at the University of Virginia School of Law.