front cover of Convicting the Innocent
Convicting the Innocent
Where Criminal Prosecutions Go Wrong
Brandon L. Garrett
Harvard University Press, 2011

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.

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front cover of Habeas Corpus
Habeas Corpus
From England to Empire
Paul D. Halliday
Harvard University Press, 2012

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world’s most revered legal device.

In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king’s subjects. The key was not the prisoner’s “right” to “liberty”—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ’s history and of English law.

Halliday’s work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

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front cover of The Southern Debate over Slavery
The Southern Debate over Slavery
Volume 2: Petitions to Southern County Courts, 1775-1867
Edited by Loren Schweninger
University of Illinois Press, 2007

An incomparably rich source of period information, the second volume of The Southern Debate over Slavery offers a representative and extraordinary sampling of the thousands of petitions about issues of race and slavery that southerners submitted to county courts between the American Revolution and Civil War. These petitions, filed by slaveholders and nonslaveholders, slaves and free blacks, women and men, abolitionists and staunch defenders of slavery, constitute a uniquely important primary source. The collection records with great immediacy and minute detail the dynamics and legal restrictions that shaped southern society.

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front cover of The Supreme Court Review, 1970
The Supreme Court Review, 1970
Edited by Philip B. Kurland
University of Chicago Press Journals, 1970


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