On Guilt And Innocence

This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.

A terrifying childhood leading to a turbulent adulthood. A story of love, hate, guilty secrets, obsessive feelings, deceptive moral standards. The unravelling of a mystery that will only bring unbearable pain and self-destruction for the heroine - until ...

A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.

Sixteen-year-old Cassie Jo Stoddard agreed to house sit for relatives on the weekend of September 22, 2006. It was something the teenager had done before…but this time something went terribly wrong. When the family returned home at the end of the weekend they found Cassie lying on their living room floor brutally stabbed to death. Detectives focused on two of Cassie’s classmates who had briefly visited her on the night that she was murdered: Torey Adamcik and Brian Draper. Initially both boys denied any knowledge of the crime, but after two separate interrogations, Brian Draper told detectives a chilling story of murder straight out of a horror movie. The two boys were immediately arrested, and a shocking videotape was discovered that seemed to depict the two teens not only planning the cold-blooded murder, but celebrating it. Community outrage was strong and immediate. The public demanded justice. But was the video actually what it appeared to be: a cold-blooded documentary that detailed the plotting of Cassie’s murder; or something else entirely? Could anyone uncover the truth in time and convince a jury that sometimes things aren't always what they appear to be? The Guilty Innocent is narrated by Shannon Adamcik, mother of Torey, one of the accused boys. It takes readers behind the scenes of a trial where prosecutors cared more about public opinion than truth, defense attorneys, who had never argued a murder case, were in over their heads, and a young boy’s life hung in the balance. The United States is the only country in the world that will charge a juvenile as an adult and sentence them to life without parole. As the mother of one such child, I know exactly what happens when a juvenile is placed in adult court where they cannot defend themselves. They are immediately cut off from all human contact, locked in isolation, and railroaded through a justice system they simply cannot comprehend. Consequently, many of these juveniles are sentenced too much longer and harsher terms than their adult counterparts. I've personally lived through this, and I was compelled to write about it. I began for the simple reason that I had lived through this horrendous ordeal and I ached for someone to confide in. But reliving the most painful part of my life was extraordinarily difficult. Ultimately the only reason that I was able to persevere was my deep belief that the story was important and needed to be told. That is still true. This is a true story and no one can tell it better than the people who lived it. A crime reporter can look at the details of a case, but they cannot tell you how it feels to live through it. I can and I did. I used the pre-trial and trial transcripts, copies of the police reports, the autopsy and DNA reports, and DVD recordings of all of the evidence in the case. I've done copious research. But more importantly, I take readers step-by-step through what it feels like when your 16-year-old son is accused of first-degree murder; all the odds are stacked against him; and his defense is in the hands of attorneys you can’t fully trust to come through for you.

“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

From the trials of Oscar Pistorius to O.J. Simpson and Michael Jackson, this innovative book provides a critical review of 11 high profile criminal cases. These case studies examine how ‘guilt’ and ‘innocence’ are constructed in the courts and in wider society, using the themes of evidence and narratives; credibility; rhetoric and oratory in the court room; social status; vulnerability and false confessions; diminished responsibility and the media and social judgments. Written for criminology, sociology, law, and criminal justice students, the book includes: • exercises to extend thinking on each case; • recommended readings for studying the cases and concepts discussed in each chapter; • an extensive specialist reference list including web links to videos and transcripts pertaining to many of the cases discussed in the book. The book delivers an accessible examination of the criminological, sociological, psychological and legal processes underpinning the outcome of criminal cases, and their representation in the media and wider society.