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Public Defense in an Age of Innocence: The Innocence Paradigm and the Challenges of Representing the Accused (From Wrongful Conviction and Criminal Justice Reform: Making Justice, 2014, Marvin Zalman and Julia Carrano, eds., See NCJ-244328)

NCJ Number
244340
Author(s)
Alissa Pollitz Worden; Andrew Lucas Blaize Davies; Elizabeth K. Brown
Date Published
2014
Length
18 pages
Annotation

The authors review concerns about the quality of indigent defense highlighted by the innocence movement and discuss reforms to address these deficiencies, including increased resources, changing legal standards of ineffective defense, allowing defenders to pursue policy advocacy, and developing new institutions.

Abstract

Wrongful Conviction and Criminal Justice Reform: Making Justice, details the current issues of "innocence reform" and wrongful convictions, offering potential reforms that would enhance the criminal justice system and alleviate the problem of wrongful convictions. The work consists of 16 chapters detailing research and scholarship on innocence reform change in the justice system designed to reduce error and help exonerees, and represent the latest thinking on the subject. It is not a compendium of what has been learned about wrongful convictions since serious scholarship began in the 1980's, rather it examines the issues and processes related to wrongful conviction in the light of the policy reform process. The work is parsed into four discrete sections: Part I - Prelude: Approaches to Innocence Reform; Part II - Institutions of Innocence Reform; Part III - Changing the Criminal Justice System, that looks at issues concerning Police Investigation and Wrongful Convictions, Forensic Science's Reform Agenda, Prosecution Reactions to Innocence, Defense Counsel, New Models of Adjudication and Appeal, New Models for Establishing Innocence Post-Conviction, Death Penalty Directions, and Exoneree Compensation; and, finally, PART IV - Summation, in which the editors offer thoughts on the role played by actual innocence in stimulating reforms of the criminal justice system. Throughout the work, the authors stress that innocence reform is a vital aspect of wrongful conviction scholarship, the goal of which must be the continuous examination, and renewal, of the criminal justice system as it undertakes one of the most momentous actions of governmentdetermining guilt or innocence.