Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law

by Brent E. Turvey, Craig M Cooley

Overview

Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is  an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem.

Product Details

ISBN-13:	9780124115583
Publisher:	Elsevier Science
Publication date:	06/02/2014
Pages:	416
Product dimensions:	7.70(w) x 9.40(h) x 1.00(d)

About the Author

Brent E. Turvey spent his first years in college on a pre-med track only to change his course of study once his true interests took hold. He received a Bachelor of Science degree from Portland State University in Psychology, with an emphasis on Forensic Psychology, and an additional Bachelor of Science degree in History. He went on to receive his Masters of Science in Forensic Science after studying at the University of New Haven, in West Haven, Connecticut.

Since graduating in 1996, Brent has consulted with many agencies, attorneys, and police departments in the United States, Australia, China, Canada, Barbados and Korea on a range of rapes, homicides, and serial/ multiple rape/ death cases, as a forensic scientist and criminal profiler. He has also been court qualified as an expert in the areas of criminal profiling, forensic science, victimology, and crime reconstruction. In August of 2002, he was invited by the Chinese People's Police Security University (CPPSU) in Beijing to lecture before groups of detectives at the Beijing, Wuhan, Hanzou, and Shanghai police bureaus. In 2005, he was invited back to China again, to lecture at the CPPSU, and to the police in Beijing and Xian - after the translation of the 2nd edition of his text into Chinese for the University. In 2007, he was invited to lecture at the 1st Behavioral Sciences Conference at the Home Team (Police) Academy in Singapore, where he also provided training to their Behavioral Science Unit. In 2012 Brent completed his PhD in Criminology from Bond University in Gold Coast, Australia.

He is the author of Criminal Profiling: An Introduction to Behavioral Evidence Analysis, 1st, 2nd, 3rd and 4th Editions (1999, 2002, 2008, 2011); co- author of the Rape Investigation Handbook, 1st and 2nd Editions (2004, 2011), Crime Reconstruction 1st and 2nd Editions (2006, 2011), Forensic Victimology (2008) and Forensic Fraud (2013) - all with Elsevier Science. He is currently a full partner, Forensic Scientist, Criminal Profiler, and Instructor with Forensic Solutions, LLC, and an Adjunct Professor of Justice Studies at Oklahoma City University. He can be contacted via email at: [e-mail].

Craig M. Cooley served as a Staff Attorney with the Innocence Project in New York City for five years, where he represented indigent inmates from across the United States trying to prove their innocence with DNA testing. Mr. Cooley obtained DNA testing for several of his clients that ultimately exonerated 10 innocent prisoners. Prior to joining the Innocence Project, Mr. Cooley served as an Assistant Federal Defender in Las Vegas, Nevada where he represented Nevada death row inmates pursing federal habeas relief.

Prior to attending law school, Mr. Cooley received his graduate degree in forensic science from the University of New Haven and his undergraduate degree from the University of Pittsburgh. During law school, Mr. Cooley served as an Investigator with the Office of the State Appellate Defenders, Death Penalty Trial Assistance Division in Chicago, Illinois, where he provided assistance on several cases affected by Governor George Ryan’s 2003 pardons and commutations.

A graduate of Northwestern School of Law, Mr. Cooley has served as an adjunct professor of law at St. John’s School of Law, Hofstra School of Law, and Cardozo School of Law. His scholarship includes articles in Stanford Law & Policy Review, Indiana Law Journal, George Mason University Civil Rights Law Journal, New England Law Review, and other law journals and reviews.

Craig is currently a criminal defense attorney in private practice, with offices in North Carolina and Pennsylvania.

Table of Contents

PrefaceForeword, by Tiffany Murphy, JDAbout the AuthorsAbout the Contributors

Section I. Miscarriages of Justice: Nature and FrequencyChapter 1: Miscarriages of Justice: An IntroductionChapter 2: Wrongful Conviction Rates

Section II. Miscarriages of Justice: Investigative CausesChapter 3: Police CorruptionChapter 4: Eyewitness Identification: Uncertainty, Error and Miscarriages of JusticeChapter 5: Police interrogations and False ConfessionsChapter 6: Criminal Informants and Wrongful Convictions

Section III. Miscarriages of Justice: Forensic CausesChapter 7: Forensic Science, The CSI Effect & Wrongful Convictions Chapter 8: Forensic Fraud and Misconduct Chapter 9: Bite Mark Evidence and Miscarriages of Justice

Section IV. Miscarriages of Justice: Legal CausesChapter 10: Ineffective Assistance of Counsel Chapter 11: Prosecutorial Misconduct

Section V. Miscarriages of Justice: RemediesChapter 12: Forensic Reform Chapter 13: Miscarriages of Justice: Prevention and Management

Glossary Index

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From the Publisher

A multi-disciplinary perspective focusing on the variety of miscarriages of justice in the US legal system