(Download) "Innocence After Death." by Case Western Reserve Law Review " eBook PDF Kindle ePub Free

eBook details

Title: Innocence After Death.
Author : Case Western Reserve Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 412 KB

Description

INTRODUCTION Within the complicated landscape of the effort to identify, explain, and prevent wrongful convictions, an interesting type of proceeding has begun to emerge. Posthumous exonerations, which declare an individual innocent following his (1) death, have been seldom discussed, but they can serve an important role in the innocence movement. The exoneration of a deceased defendant may appear, at first glance, to be a mostly empty gesture, which may explain the lack of attention devoted to this proceeding to date. The posthumous exoneration has an essential corrective justice function, (2) however, for individuals, communities, and societies. At the individual level, posthumous exonerations, which are generally based on DNA evidence or similarly definitive proof of innocence, ensure belated justice. From a systemic perspective, they offer a greater opportunity to reveal the causes of wrongful convictions than do the currently available proceedings to exonerate live defendants. In so doing, they provide valuable data for the reform of the investigation and prosecution of criminal cases. In a world in which the credibility of the criminal justice system and its safeguards is questioned with each new addition to the list of wrongful convictions, (3) this function is essential.