Albany Law Review

A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro

Articles from Vol. 74, No. 3, Spring

An Integrated Justice Model of Wrongful Convictions
I. THE INNOCENCE MOVEMENT II. TO THE INNOCENCE PARADIGM A. Before Innocence B. Innocence Comes of Age 1. Beginnings: The 1980s 2. Convergence: The 1990s 3. The Age of Innocence: The 2000s C. The Innocence Paradigm III....
An Investigation of Top-Down vs. Bottom-Up Processing in Post-Appellate Review of a Criminal Case
ABSTRACT Convicted persons who claim to be factually innocent frequently seek assistance from advocacy organizations that help investigate and establish actual innocence. This experiment examined the extent to which the knowledge that a case has...
A Patchwork of Policies: Justice, Due Process, and Public Defense across American States
I. INTRODUCTION "In the end, a good lawyer is the best defense against wrongful convictions." (1) Adversarial systems are intended to discover the truth of an accusation through skilled combat over facts, evidence, and law. What adversarial procedures...
Balancing the Costs of Forecasting Errors in Parole Decisions
I. INTRODUCTION Parole decisions can be based on a variety of factors. Some are automatically considered and closely prescribe the actions to be token. Among these are mandatory releases after a full prison term has been served. Other factors can...
Blackstone and the Balance of Eyewitness Identification Evidence
I. INTRODUCTION Blackstone's Commentaries on the Laws of England is comprised of four books, written in two volumes, running well over 1500 pages in length. Within this enormous work there may be no more well-known or more memorable line than that...
Defining Innocence
I. INTRODUCTION The discovery of hundreds of wrongful convictions in the past twenty years has reshaped the debate about criminal justice in this country, spawning what has become known as the "Innocence Movement," (1) an "Innocence Revolution,"...
Estimating Empirical Blackstone Ratios in Two Settings: Murder Cases and Hiring
ABSTRACT There is a growing awareness in the legal literature of the need to estimate the prevalence of errors that exist within the criminal justice system. A majority of the time, the focus is on the false positive, or wrongful conviction, rate....
Foreword
The criminal law would be enforced reliably, equitably, and proportionately against offenders, and only offenders, in a perfectly just and error-free world. Unfortunately, we do not live in such a world. Gaps are inevitable, and slippage foreordained...
Justice Denied? the Exceptional Clearance of Rape Cases in Los Angeles
With homicide your victim isn't going to be interviewed; their trauma is over. In most property crimes sure there is trauma, your car was stolen. But nothing can compare to sexual assault. We don't get enough training in trauma, in dealing with the...
Managing Miscarriages of Justice from Victimization to Reintegration
I. INTRODUCTION Few aphorisms of criminal law are as exquisitely enigmatic as Blackstone's rule: "it is better that ten guilty persons escape than that one innocent suffer." (1) The number "ten" conveys an air of deliberation and precision, as well...
"Than That One Innocent Suffer": Evaluating State Safeguards against Wrongful Convictions
ABSTRACT This article collects and describes the legislative and other binding policy directives in effect in each of the fifty states that function as safeguards in the following areas against the arrest, prosecution, and conviction of innocent...
The Increasingly Blurred Line between "Mad" and "Bad": Treating Personality Disorders in the Prison Setting
In New York State, Mental Hygiene Law defines mental illness as "an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person...
Why and How New York Should Enact Mandatory Statewide Eyewitness Identification Procedures
I. INTRODUCTION Since 1989, the use of DNA evidence to exonerate wrongfully convicted individuals (1) has illuminated certain flaws inherent in the structure and procedures of our criminal justice system. One commentator's analogy is particularly...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.