Reinventing the Trial: The Innocence Revolution and Proposals to Modify the American Criminal Trial

Texas A & M Law Review, Vol. 3, 2015-2016

72 Pages Posted: 21 Jan 2016

See all articles by Ralph Grunewald

Ralph Grunewald

University of Wisconsin - Madison, Department of Comparative Literature and Folklore Studies

Marvin Zalman

Wayne State University

Date Written: January 19, 2016

Abstract

Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pre-trial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects. One benefit of the article is simply to gather these innovative proposals in one place and compare them, to provide a platform for further analysis. The analysis will add our views to the discussion and will advocate the serious consideration of truth-enhancing procedural reforms.

Keywords: wrongful convictions, miscarriages of justice, criminal procedure, trial, trial reform, comparative criminal procedure, germany, criminal justice, truth

Suggested Citation

Grunewald, Ralph and Zalman, Marvin, Reinventing the Trial: The Innocence Revolution and Proposals to Modify the American Criminal Trial (January 19, 2016). Texas A & M Law Review, Vol. 3, 2015-2016, Available at SSRN: https://ssrn.com/abstract=2718758

Ralph Grunewald (Contact Author)

University of Wisconsin - Madison, Department of Comparative Literature and Folklore Studies ( email )

475 N. Charter Street
Madison, WI 53706-1481
United States

Marvin Zalman

Wayne State University ( email )

Department of Physiology, Wayne State University
Detroit, MI 48202
United States

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