Miscarriages of Justice in Potentially Capital Cases

Bedau, Hugo Adam; Radelet, Michael L.

doi:10.2307/1228828

Cited by 234 publications

(110 citation statements)

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“…46 Perhaps most interesting is the "coercedinternalized" false confession, which is elicited when the psychological pressures of interrogation cause an innocent person to temporarily internalize the message(s) of his or her interrogators and falsely believe himself to be guilty. 47 Al though Cayward was probablyfactuallyguilty,hemight ha vebeen innocent.…”

Section: The Decision In Cayward Is Bedeviled By the Classic Problem mentioning

confidence: 99%

The ethics of deceptive interrogation

Skolnick

Leo

1992

Criminal Justice Ethics

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Section: The Decision In Cayward Is Bedeviled By the Classic Problem mentioning

confidence: 99%

The ethics of deceptive interrogation

Skolnick

Leo

1992

Criminal Justice Ethics

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“…At the same time, the liberty and reputational interests of persons charged with non-capital crimes also are profoundly important. Although hundreds of innocent people have erroneously been convicted and sentenced to death in the last century, including several in the modern era of capital punishment (Bedau & Radelet, 1987;Death Penalty Information Center, 2008a), their numbers are dwarfed by those wrongfully convicted in non-capital cases (Garrett, 2008;Gross, Jacoby, Matheson, Montgomery, & Patil, 2005;Horan, 2000;Huff, Rattner, & Sagarin, 1986;Risinger, 2007). A policy limiting available procedural safeguards that enhance the reliability of guilt-determination to capital prosecutions, rather than extending them to criminal cases generally, would be difficult to defend on other than strictly pragmatic grounds, rooted in economics and resource constraints.…”

Section: Guilt Determination In Capital Trials: Is Death Different?mentioning

confidence: 99%

Actual innocence: is death different?

Acker

2009

Behavioral Sci & The Law

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Supreme Court jurisprudence relies heavily on the premise that "death is different" from other criminal sanctions, and that capital cases entail commensurately demanding standards of reliability. Although invoked most frequently with respect to sentencing, both precedent and logic suggest that heightened reliability applies as well to guilt determination in capital trials. Nevertheless, recurrent and highly visible wrongful convictions in capital cases have affected public opinion, contributed to a precipitous decline in new death sentences, and led to calls for reforms designed to guard against the risk of executing innocent persons. This article examines the implications of the "death is different" doctrine for the problem of wrongful convictions in both capital and non-capital cases. It argues that innovations designed to enhance reliability in the special context of death-penalty prosecutions are important in their own right, but relevant new safeguards also should extend to criminal cases generally, where innocent people are similarly at risk and wrongful convictions are far more prevalent.

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“…9. A number of studies can be bundled into a frequency-of-wrongful-conviction category: Bedau and Radelet (1987), Huff, Rattner, andSagarin (1986, 1996), Rattner (1988), Poveda (2001), Ramsey and Frank (in press), and Zalman, Smith, and Kazaleh (2006). 10.…”

Section: A Strict Legalist Differsmentioning

confidence: 99%

Criminal Justice System Reform and Wrongful Conviction

Zalman

2006

Criminal Justice Policy Review

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the anonymous reviewers for helpful comments, and Khari Brown, Ron Brown, Charlie Elder, and John Strate for information about resources, but takes responsibility for errors, interpretations, and conclusions. This article describes the nature and importance of wrongful conviction as a criminal justice policy issue, the development of an innocence movement to litigate on behalf of potential exonerees and to promote policy issues, the innocence movement's policy and research agenda, and the very small amount of criminal justice research on the issue in comparison to legal and psychological inquiry. A research agenda for criminal justice policy scholars is proposed to explore the innocence movement and its research agenda. Research models from political science and sociology regarding the study of public policy, social movements, and interest groups offer themes and methods that would allow criminal justice researchers to expand their understanding of the criminal justice system's capacity for reform. Network analysis and the diffusion of innovation research are suggested as approaches to examine the context and spread of innocence reforms.

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Miscarriages of Justice in Potentially Capital Cases

Cited by 234 publications

References 0 publications

The ethics of deceptive interrogation

The ethics of deceptive interrogation

Actual innocence: is death different?

Criminal Justice System Reform and Wrongful Conviction

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