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- Title
Alternative explanations for pro‐conviction judicial tendencies: A commentary on Berryessa et al. 2022.
- Authors
Roach, Kent
- Abstract
At the appellate level, devices like the harmless error doctrine could be re-thought in light of research that may reveal that appeal court judges over time develop inclinations to dismissing appeals from convictions. Chief Justice Warren and Justice Moldaver are anecdotal examples, but so too is the authors' invocation of Justice Brown Jackson. Michael Kirby. a renowned judge retired from the Australian High Court, has recently related the limited value of appeals in preventing wrongful convictions to "overworked judges" and "excessive professional dedication to finality." My own research has examined a case where a trial judge (a former law professor) sitting ad hoc as an appeal court judge would have reversed a murder conviction that later was revealed by new expert evidence to be a wrongful conviction.
- Subjects
JUDICIAL elections; JUDGES; DUE process of law; CRIMINAL justice system; JUDICIAL process; CONFIRMATION bias
- Publication
Legal & Criminological Psychology, 2023, Vol 28, Issue 2, p217
- ISSN
1355-3259
- Publication type
Article
- DOI
10.1111/lcrp.12239