Innocent Prisoner's Dilemma
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Innocent Prisoner's Dilemma
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit. United States law professor Daniel Medwed says convicts who go before a parole board maintaining their innocence are caught in a catch-22 that he calls "the innocent prisoner’s dilemma". A false admission of guilt and remorse by an innocent person at a parole hearing may prevent a later investigation provi ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Actual Innocence
Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice. Overview of claims of "actual innocence" In its most literal sense, "actual innocence"—more properly understood as a claim that the prosecution has failed to prove factual guilt beyond a reasonable doubt—is a very commonly raised defense to a crime. Claims of actual innocence may involve disputing that any crime occurred at all, or that the accused was the perpetrator of the criminal act. Arguably, even affirmative defenses such as "self-defense", insanity, or "mistake of fact" qualify as "actual innocence" claims because while in those cases the accused admits to both their identity as the actor and to the existence of the act (" actus reus"), they are claiming that the State cannot prove that they had the requisite mental state ("mens rea") to c ...
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Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.Henslin, James. ''Social Problems: A Down-To-Earth Approach'', 2008. The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction. Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment. United States According to an April 2011 report by the Pew Center on the States, the average national recidivism rate for released prisoner ...
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Alternative Pleading
Alternative pleading (or pleading in the alternative) is the legal term in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction. A pleading in the alternative sets forth multiple claims or defenses either hypothetically or alternatively, such that if one of the claims or defenses are held invalid or insufficient, the other claims or defenses should still have to be answered. Description One example is submitting an injury complaint alleging that the harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross negligence. At a late 1970s American Bar Association seminar in New York, Richard "Racehorse" Haynes gave this example: "Say you sue me because you say my dog bit you. Well, now this is my defense: My dog doesn't bite. And second, in the al ...
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Criminal Cases Review Commission
The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and began work on 31 March 1997. The commission is the only body in its area of jurisdiction with the power to send a case back to an appeals court if it concludes that there is a real possibility that the court will overturn a conviction or reduce a sentence. Since starting work in 1997, it has on average referred 33 cases a year for appeal. Responsibilities From 31 March 1997 to 30 September 2017, the commission referred 634 cases back to appeals courts, or almost one case for every eight working days (see casework statistics below). Those referrals came from a total of 21,780 cases closed during that period, meaning that the commission has referred for appeal around 2.91% of the applications it has considered. Of the cases it has referred, ap ...
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The New Yorker
''The New Yorker'' is an American weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issues covering two-week spans. Although its reviews and events listings often focus on the Culture of New York City, cultural life of New York City, ''The New Yorker'' has a wide audience outside New York and is read internationally. It is well known for its illustrated and often topical covers, its commentaries on popular culture and eccentric American culture, its attention to modern fiction by the inclusion of Short story, short stories and literary reviews, its rigorous Fact-checking, fact checking and copy editing, its journalism on politics and social issues, and its single-panel cartoons sprinkled throughout each issue. Overview and history ''The New Yorker'' was founded by Harold Ross and his wife Jane Grant, a ''The New York Times, N ...
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Kalief Browder
Kalief Browder (May 25, 1993June 6, 2015) was an African American youth from The Bronx, New York, who was held at the Rikers Island jail complex, without trial, between 2010 and 2013 for allegedly stealing a backpack containing valuables. During his imprisonment, Browder was in solitary confinement for 700 days. Two years after his release, Browder hanged himself at his parents' home. His case has been cited by activists campaigning for reform of the New York City criminal justice system and has attracted widespread attention in the years following his death. In 2017, Jay-Z produced a television documentary mini-series titled '' Time: The Kalief Browder Story''. In January 2019, New York City settled a civil lawsuit with the Browder family for $3.3 million. Early life At birth, Browder was placed into the care of Child Protective Services due to his mother's drug addiction. He was the youngest of seven biological siblings and one of the five placed for adoption. Browder's ...
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National Public Radio
National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other non-profit membership media organizations such as the Associated Press, in that it was established by an act of Congress. Most of its member stations are owned by non-profit organizations, including public school districts, colleges, and universities. It serves as a national Radio syndication, syndicator to a network of over 1,000 public radio List of NPR stations, stations in the United States. , NPR employed 840 people. NPR produces and distributes news and cultural programming. The organization's flagship shows are two drive time, drive-time news broadcasts: ''Morning Edition'' and the afternoon ''All Things Considered'', both carried by most NPR member stations, and among the List of most-listened-to radio programs, most popular radio p ...
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DNA Profiling
DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a forensic technique in criminal investigations, comparing criminal suspects' profiles to DNA evidence so as to assess the likelihood of their involvement in the crime. It is also used in paternity testing, to establish immigration eligibility, and in genealogical and medical research. DNA profiling has also been used in the study of animal and plant populations in the fields of zoology, botany, and agriculture. Background Starting in the 1980s, scientific advances allowed the use of DNA as a material for the identification of an individual. The first patent covering the direct use of DNA variation for forensicsUS5593832A was filed by Jeffrey Glassberg in 1983, based upon work he had done while at Rockefeller University in the United States in 1981. ...
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Asthma
Asthma is a long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wheezing, coughing, chest tightness, and shortness of breath. These may occur a few times a day or a few times per week. Depending on the person, asthma symptoms may become worse at night or with exercise. Asthma is thought to be caused by a combination of genetic and environmental factors. Environmental factors include exposure to air pollution and allergens. Other potential triggers include medications such as aspirin and beta blockers. Diagnosis is usually based on the pattern of symptoms, response to therapy over time, and spirometry lung function testing. Asthma is classified according to the frequency of symptoms, forced expiratory volume in one second (FEV1), and peak expiratory flow rate. It may also be classified as atopic or non-atopic, ...
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News 8 Austin
Spectrum News 1 Austin (formerly Spectrum News Austin and Time Warner Cable News Austin) is an American cable news television channel owned by Charter Communications. The channel provides 24-hour rolling news coverage focused primarily on Central Texas. While its main feed serves the Austin metropolitan area, it also maintains sub-feeds for San Antonio and Waco. The channel's studios are located at 1708 Colorado Street in Austin, just north of the Texas State Capitol and immediately south of the main campus of the University of Texas. It is available only to Spectrum Cable subscribers within the provider's Central Texas division, which includes Austin, San Marcos, Round Rock, Temple, Killeen and Waco. Background The channel was launched on September 13, 1999 as News 8 Austin. The channel changed its name to YNN Austin (for "Your News Now") on January 10, 2011, as part of gradual transition to a uniform brand for most of Time Warner Cable's other regional news channels that or ...
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Incarceration
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, ...
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