National Registry Of Exonerations
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National Registry Of Exonerations
The National Registry of Exonerations is a project of the University of Michigan Law School, Michigan State University College of Law and the University of California Irvine Newkirk Center for Science and Society. The Registry was co-founded in 2012 with the Center on Wrongful Convictions at Northwestern University School of Law to provide detailed information about known exonerations in the United States since 1989. As of February 6, 2020, the Registry has 2,551 known exonerations in the United States since 1989. The National Registry does not include more than 1,800 defendants cleared in 15 large-scale police scandals that came to light between 1989 and March 7, 2017, in which officers systematically framed innocent defendants. The co-founders of the Registry are Rob Warden, then the executive director of Northwestern's Center on Wrongful Convictions, and Michigan Law professor Samuel R. Gross, who with Michael Shaffer wrote the report ''Exonerations in the United States, 1989-2 ...
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University Of Michigan Law School
The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL), Juris Doctor (JD), and Doctor of the Science of Law (SJD) degree programs. Generally considered to be one of the most prestigious public law schools in the United States, Michigan Law has ranked among the top 14 law schools in the country every year since the U.S News Rankings were first released in 1987. In the 2023 U.S. News ranking, Michigan Law ranked 10th overall. Notable alumni include U.S. Supreme Court Justices Frank Murphy, William Rufus Day, and George Sutherland, as well as a number of heads of state and corporate executives. Approximately 98% of Class of 2019 graduates were employed within ten months of graduation; its bar passage rate in 2018 was 93.8%. The school enrolls about 1020 students and employs about 81 full- ...
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Shaken Baby Syndrome
Shaken baby syndrome (SBS), also known as abusive head trauma (AHT), is the leading cause of fatal head injuries in children younger than two years. Diagnosing the syndrome has proved both challenging and contentious for medical professionals, in that objective witnesses to the initial trauma are generally unavailable. This is said to be particularly problematic when the trauma is deemed 'non accidental'. Some medical professionals propose that SBS is the result of respiratory abnormalities leading to hypoxia and swelling of the brain Dural hemorrhage in non-traumatic infant deaths: does it explain the bleeding in 'shaken baby syndrome'? Neuropathol Appl Neurobiol. 2003 Feb;29(1):14-22. doi: 10.1046/j.1365-2990.2003.00434.x. Erratum in: Neuropathol Appl Neurobiol. 2003 Jun;29(3):322. PMID 12581336.";> The courtroom has become a forum for conflicting theories with which generally accepted medical literature has not been reconciled. Often there are no outwardly visible signs of tra ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the ty ...
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Cross-race Effect
The cross-race effect (sometimes called cross-race bias, other-race bias, own-race bias or other-race effect) is the tendency to more easily recognize faces that belong to one's own racial group. In social psychology, the cross-race effect is described as the "ingroup advantage," whereas in other fields, the effect can be seen as a specific form of the "ingroup advantage" since it is only applied in interracial or inter-ethnic situations. The cross-race effect is thought to contribute to difficulties in cross-race identification, as well as implicit racial bias. A number of theories as to why the cross-race effect exists have been conceived, including social cognition and perceptual expertise. However, no model has been able to fully account for the full body of evidence. History The first research study on the cross-race effect was published in 1914. It stated that humans tend to perceive people of other races than themselves to all look alike. All else being equal, individ ...
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Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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Homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. Criminality Criminal homicide takes many forms including accidental killing or murder. Criminal homicide is divided into two broad categories, murder and manslaughter, based upon the state of mind and intent of the person who commits the homicide. A report ...
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False Conviction
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). Some p ...
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Ineffective Assistance Of Counsel
In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Ineffectiveness claims may only be brought where the defendant had the right to counsel, ordinarily during the critical stages of a prosecution. Having the "benefit of counsel" or "assistance of counsel" means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things: # Deficient performance by counsel # Resulting prejudice, in that but for the deficient performance, there is a “reasonable probability ...
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Forensic Evidence
Forensic identification is the application of forensic science, or "forensics", and technology to identify specific objects from the trace evidence they leave, often at a crime scene or the scene of an accident. Forensic means "for the courts". Human identification People can be identified by their fingerprints. This assertion is supported by the philosophy of friction ridge identification, which states that friction ridge identification is established through the agreement of friction ridge formations, in sequence, having sufficient uniqueness to individualize. Friction ridge identification is also governed by four premises or statements of facts: # Friction ridges develop on the fetus in their definitive form prior to birth. # Friction ridges are persistent throughout life except for permanent scarring, disease, or decomposition after death. # Friction ridge paths and the details in small areas of friction ridges are unique and never repeated. # Overall, friction ridge patterns ...
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Judicial Misconduct
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; having improper discussions with parties or counsel for one side in a case; treating litigants or attorneys in a demonstrably egregious and hostile manner; violating other specific, mandatory standards of judicial conduct, such as judicial rules of procedure or evidence, or those pertaining to restrictions on outside income and requirements for financial disclosure; and acting outside the jurisdiction of the court, or performance of official dutie ...
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Prosecutorial Misconduct
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct. Types of misconduct * Failure to disclose exculpatory evidence * False confession * Falsified evidence * Malicious prosecution * Prosecutorial corruption * Retaliatory prosecution * Selective prosecution * Subornation of perjury Examples and remedies In late 1993, the 6th US Circuit Court of Appeals ruled that John Demjanjuk had been a victim of prosecutorial misconduct during a 1986 trial in which federal prosecutors withheld evidence. Demjanjuk's sentence was overturned, but he lost when his case was retried. In the 1995 murder trial of O. J. Simpson, the defense argued that Los Angeles ...
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Eyewitness Identification
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." This non-profit organization uses DNA evidence to reopen criminal convictions that were made before DNA testing was available as a tool in criminal investigations. Even before DNA testing revealed wrongful convictions based on eyewitness identifications, courts recognized and discussed the limits of eyewitness testimony. The late U.S. Supreme Court Justice William J. Brennan, Jr. observed in 1980 that "At least since ''United States v. Wade'', 388 U.S. 218 (1967), the Court has recognized the inherently suspect qualities of eyewitness identification evidence, and described the evidence as "notoriously unreliable", while noting t ...
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