1. Subverting the Truth: A Structural Perspective on Wrongful Convictions.
- Author
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Stevens, Christina
- Subjects
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TRUTH , *PHILOSOPHY , *CONVICTION rates , *CRIMINAL convictions , *DNA - Abstract
Over the last decade, much attention has been brought to the issue of wrongful convictions, especially since the advent and increasing use of DNA technology. While a number of reforms have been suggested for particular procedures, this paper examines the causes of wrongful convictions from the wider structural perspective of the adversarial system. In particular, the well-entrenched practice of plea bargaining is discussed. The incentive structures in plea bargaining and other practices found in the adversarial system shed light on the way in which the truth can get subverted and lead to wrongful convictions. This paper draws upon a few historical studies to help illuminate how the structure and processes of the adversarial system often frustrate truth-finding, and how the criminal justice system is driven by multiple goals which often come into competition with truth-finding. The place of wrongful convictions in the criminal system is discussed with regard to whether these convictions can be reconciled to some degree with the law's promise of justice. The implications of the historical studies and future research are suggested. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2008