Miscarriages of Justice: A Theoretical and Practical Overview

Atlanta's John Marshall Law School Law Journal, Symposium, March 2014

Seton Hall Public Law Research Paper No. 2406595

24 Pages Posted: 11 Mar 2014

See all articles by D. Michael Risinger

D. Michael Risinger

Seton Hall University School of Law

Lesley C. Risinger

Seton Hall University School of Law

Date Written: February 28, 2014

Abstract

This article deals with the following topics, among other things:

1. Defining miscarriage of justice.

2. Factors that affect the felt seriousness of miscarriages of justice. 3. Why we omit normative innocence and state of mind from the definition of miscarriage of justice, at least for the purposes of undertaking reinvestigation.

4. Framing a guilty guy and miscarriage of justice.

5. Waivers, Time bars and various kinds of post conviction relief—why waiver and time bar doctrines shouldn’t affect serious actual innocence claims, and how the system can live up to this without opening a floodgate or creating a haystack.

6. Exonerations, unsafe verdicts, and radically unsafe verdicts, and the implications of these related but distinct concepts for analyzing the problem of the convicted innocent.

Keywords: criminal law, criminal procedure, evidence, proof, exoneration, actual innocence

Suggested Citation

Risinger, D. Michael and Risinger, Lesley C., Miscarriages of Justice: A Theoretical and Practical Overview (February 28, 2014). Atlanta's John Marshall Law School Law Journal, Symposium, March 2014; Seton Hall Public Law Research Paper No. 2406595. Available at SSRN: https://ssrn.com/abstract=2406595

D. Michael Risinger (Contact Author)

Seton Hall University School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
(973) 642-8834 (Phone)

Lesley C. Risinger

Seton Hall University School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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