Wrongly Convicted : Perspectives on Failed

The American criminal justice system contains numerous safeguards to prevent the conviction of innocent persons. The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment.

The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic min

Foreword

ix

Michael L. Radelet

Acknowledgments

xiii

Introduction

1

(16)

John A. Humphrey

Saundra D. Westervelt

Part I Causes of Wrongful Convictions

Misinformation and Wrongful Convictions

17

(19)

George Castelle

Elizabeth F. Loftus

False Confessions: Causes, Consequences, and Solutions

36

(19)

Richard A. Leo

From the Jailhouse to the Courthouse: The Role of Informants in Wrongful Convictions

55

(22)

Clifford S. Zimmerman

The Police Role in Wrongful Convictions: An International Comparative Study

77

(22)

Dianne L. Martin

Part II The Social Characteristics of the Wrongly Convicted

Who Are the Wrongly Convicted on Death Row?

99

(15)

William M. Holmes

Racial Bias and the Conviction of the Innocent

114

(21)

Karen F. Parker

Mari A. Dewees

Michael L. Radelet

Part III The Faces of the Wrongly Convicted: Case Studies

More Than a Reasonable Doubt: The Trial and Execution of Frank Ewing

135

(19)

Margaret Vandiver

No Appeal from the Grave: Innocence, Capital Punishment, and the Lessons of History

154

(20)

James R. Acker

Thomas Brewer

Eamonn Cunningham

Allison Fitzgerald

Jamie Flexon

Julie Lombard

Barbara Ryn

Bivette Stodghill

Whodunit? An Examination of the Production of Wrongful Convictions

174

(25)

William S. Lofquist

Part IV Visions for Change in the Twenty-first Century

Back from the Courthouse: Corrective Measures to Address the Role of Informants in Wrongful Convictions

199

(21)

Clifford S. Zimmerman

Effective Assistance of Counsel

220

(21)

Adele Bernhard

DNA and Innocence Scholarship

241

(12)

Barry Scheck

Peter Neufeld

The Adversary System and Historical Accuracy: Can We Do Better?

253

(16)

Daniel Givelber

Erroneous Convictions and the Death Penalty

269

(12)

Michael L. Radelet

Hugo Adam Bedau

About the Editors and Contributors

281

(8)

Index

289

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Wrongly Convicted : Perspectives on Failed Justice

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