American Criminal Law Review

American Criminal Law Review is a magazine covering criminal law in the U.S. It is published quarterly by Georgetown University Law Center.Subjects for American Criminal Law Review include: Police, Penology, and Penal Institutions; Law.

Articles from Vol. 42, No. 4, Fall

Evidence Destroyed, Innocence Lost: The Preservation of Biological Evidence under Innocence Protection Statutes
In 1997, Texas governor George W. Bush issued a pardon to Kevin Byrd, a man convicted of sexually assaulting a pregnant woman while her two-year old daughter lay asleep beside her. (1) As part of the original criminal investigation, a medical examination...
How the Pretrial Process Contributes to Wrongful Convictions
Wrongful convictions have received a lot of recent attention, and properly so. The use of DNA evidence, coupled with the spectacular work of various innocence projects, has shown that despite all the procedural protections built into the criminal system,...
Looking Foreword: Wrongful Convictions and Systemic Reform
For decades, scholars have asserted that our criminal justice system is not failsafe: innocent defendants can be and have been convicted at trial. (1) Yet what these scholars historically lacked was the ability to support this claim to a degree of...
Lost Innocence: Speculation and Data about the Acquitted
"Trial by jury is not an instrument for getting at the truth; it is a process designed to make it as sure as possible that no innocent man is convicted." (1) "I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed...
Moving Down the Wedge of Injustice: A Proposal for a Third Generation of Wrongful Convictions Scholarship and Advocacy
The Innocence Project and its allies in the wrongful convictions movement (1) have much to be proud of. In a first wave of activity, they have freed more than 150 innocent people from prison, (2) focused public attention on the prevalence of wrongful...
System Failure
The release of an innocent person from prison has become a recurring public event, varying only by the facts of the case and the apparent cause of wrongful conviction. (1) Sometimes the underlying problem is official misconduct; occasionally the issue...
The Criminal Cases Review Commission as a State Strategic Selection Mechanism
I. INTRODUCTION Legal scholars have come a long way in establishing the fact of wrongful conviction. No longer do we wonder whether wrongful convictions take place, but rather, we focus our concern on how they happen and how the problems associated...
The Role of the Social Sciences in Preventing Wrongful Convictions
The lawyer alone is obdurate. The lawyer and the judge and the juryman are sure that they do not need the experimental psychologist. They do not wish to see that in this field preeminently applied experimental psychology has made strong strides.......