Wrongful Convictions: Causes, Preventions and Remedies

Over the course of the past two decades there has been increasing recognition that, despite its commitment to the concept of proof beyond a reasonable doubt, our criminal justice system yields a steady stream of wrongful convictions. This Seminar will focus on some causes, preventions and potential remedies for this phenomenon. Subjects to be addressed include eyewitness identification, interrogations and confessions, jailhouse informant testimony, forensic evidence, the psychology of tunnel vision and confirmation bias, the role of appellate review and habeas corpus, the role of clemency, the impact of the problem on the death penalty, and issues around compensation of those who have been wrongly convicted. As we study these subjects, we will also reflect on whether taking some reforms too far will impair on the efficacy of legitimate law enforcement. The class will meet for two hours each week. In addition, there will be three additional evening or weekend sessions (to be scheduled at the convenience of the participants). During each of these additional sessions, students will watch a film involving a wrongful conviction and will engage in conversation about the particular case involved. Each student will be responsible for preparing a paper on an appropriate topic to be chosen in consultation with the instructor. Consent Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; Paper.