The Anti-Blackstonians

Abstract

The writings of four authors — Daniel Epps, Larry Laudan (writing alone and with Ronald J. Allen) and Paul G. Casell — related to the Blackstone principle or the Blackstone ratio are analyzed and criticized herein. Their writings are labeled anti-Blackstonian because in my view view their programs would (1) seriously weaken defendants’ rights, (2) not reduce wrongful convictions, and (3) not enhance public safety. This critique is written from the context of the innocence movement, analyses of criminologists related to the Blackstone ratio, and a deeply flawed criminal justice system.

Keywords: Wrongful Conviction, Blackstone Ratio, Blackstone Principle, Innocence Movement, Incapacitation