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- Title
EMOTIONALLY CHARGED: THE PROSECUTORIAL CHARGING DECISION AND THE INNOCENCE REVOLUTION.
- Authors
Medwed, Daniel S.
- Abstract
The article discusses the prosecutorial charging decision in light of the innocence revolution in the U.S. It explores the rules and practices surrounding prosecutorial charging decisions, pointing out some of the flaws in this regime that may accidentally lead to charging the innocent suspects with crimes. It suggests a series of modest reforms to the charging process designed to reduce the possibility that the innocent will face criminal charges at all. According to the author, once a criminal case is set in motion on trial, the chance of a wrongful conviction will increases.
- Subjects
UNITED States; DECISION making in prosecution; PROSECUTION; JUSTICE administration; LEGAL representation; CRIMINAL defense; CRIMINAL procedure; INDICTMENTS; TRIALS (Law)
- Publication
Cardozo Law Review, 2010, Vol 31, Issue 6, p2187
- ISSN
0270-5192
- Publication type
Article