Cited by 35Legal processes and jurisprudenceCriminal Law and EvidenceDeception detection and forensic psychology

The DOI matches its Crossref record; 48 of the 48 references it cites were found in a registry or an index; 5 of the 87 sources its claims cite were checked for support.

Wrongful Convictions

Open access
Garrett, Brandon L.·2020·Annual Review of Criminology

Abstract

In response to wrongful convictions, there has been a revolution in criminal procedure and research in law and science. This review seeks to summarize the cross-disciplinary explosion in work studying known wrongful convictions, examining their causes, and assessing policy reforms designed to help detect and prevent errors in criminal justice. Scholars have increasingly studied the characteristics of known wrongful-conviction cases, including by analyzing archival records and by creating public registries of exonerations. Scholars have conducted research in law, psychology, statistics, criminology, and other disciplines, as well as interdisciplinary research, designed to better understand the phenomenon of wrongful convictions and how to prevent errors. Scientific bodies, such as the National Academy of Sciences, have made important recommendations based on this research. Furthermore, the conversation is global, with litigation, research, and policy work across jurisdictions. A wide range of jurisdictions have adopted noteworthy changes designed to safeguard crucial types of evidence, such as confession, forensic, and eyewitness evidence, during police investigations and at trial. As a result, law and science have increasingly come together to produce tangible improvements to criminal justice.

Overview

Integrity signals

Registry

Crossref · 10.1146/annurev-criminol-011518-024739

Cites

48 of 48 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Verification

Claims the paper makes

49 Sources not found · 35 No basis given · 16 Own interpretation · 8 No full text of the sources · 8 Not checked yet · 7 Own result · 2 Supported so far · 2 Partly supported · 1 Supported · accuracy not yet measured

Show all 57 claims

  • Probably not a substantial claim. 43
  • It may state two separate claims as one. 40
71 of 71
  • The paper relies on this without support.

    Exonerations recorded in registries and DNA exonerations are sufficiently valid indicators of actual wrongful convictions to support conclusions about the causes and prevalence of wrongful convictions.

    “Such research has focused on exonerations defined legally and procedurally, focusing on whether the court or executive vacated the conviction on the basis at least in part of newly discovered evidence of innocence (Natl.Regist.Exonerations 2019b).”
    “questions of innocence and guilt cannot always be conclusively resolved on the basis of available evidence.”
  • The paper relies on this without support.

    DNA exoneration cases provide a valid basis for drawing conclusions about false confessions and wrongful convictions more generally.

    “In the first 21 years of postconviction DNA testing, 250 innocent people were exonerated, 40 of whom had falsely confessed (see Garrett 2010Garrett , 2011)).”
  • The paper relies on this without support.

    The cited studies correctly classified the cases they report as exonerations, false confessions, or wrongful convictions.

    “In the entire group of 66 exonerees who falsely confessed, 42 involved a rape and a murder, 9 a murder, and 15 a rape (Garrett 2015; see also Garrett 2011).”
3 of 3

Citations

Cites

Show all 40 references

Research works printed but not linked: 39

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  10. Forensic Sci. Regul, 2015, Guidance: cognitive bias effects relevant to forensic science examinations
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  12. Garrett BL., 2008, Minn. Law Rev., 92, 1629
  13. Garrett BL., 2008, Columbia Law Rev, 108, 55
  14. Garrett BL., 2010, Stanf. Law Rev., 62, 1051
  15. Garrett BL., 2015, Va. Law Rev., 101, 395
  16. Garrett BL., 2017, Academy for Justice, 193
  17. Garrett BL., 2017, Calif. Law Rev., 105, 1173
  18. Garrett BL., 2019, Va. Law Rev. Online., 105, 96
  19. Garrett BL, 2009, Va. Law Rev., 95, 1
  20. Huff CR, 2008, Wrongful Convictions: International Perspectives on Miscarriages of Justice
  21. Innocence Proj, 2018, Innocence Project
  22. Int. Assoc. Chiefs Police, 2013, National summit on wrongful convictions: building a systemic approach to prevent wrongful convictions
  23. Johnson DT., 2015, Asia-Pac. J., 13, 1
  24. Koehler JJ., 2017, Jurimetrics J, 57, 153
  25. Leuschner F, 2019, Crime Delinquency
  26. McCollum v. North Carolina, 512 U.S. 1254, 1255 (1994) (Blackmun, J. dissenting)
  27. Medwed DS., 2005, Ariz. Law Rev., 47, 655
  28. Morton M., 2014, Getting Life
  29. Natl. Comm. Forensic Sci, 2013, Testimony using the term “reasonable scientific certainty
  30. Natl. Regist. Exonerations, 2019, National Registry of Exonerations
  31. Natl. Regist. Exonerations, 2019, National Registry of Exonerations
  32. Neff J., 2014, News Observer
  33. Norris RJ, 2017, Crim. Justice Policy Rev., 30, 596
  34. Pres. Counc. Advis. Sci. Technol, 2016, Forensic science in criminal courts: ensuring scientific validity of feature-comparison methods
  35. Raab S., 1967, Justice in the Backroom
  36. Smithee JT, 2016, Timothy Cole exoneration review commission
  37. Thompson W, 2017, Forensic science assessments: a quality and gap analysis, latent fingerprint examination
  38. US Dep. Justice, 2019, Approved uniform language for testimony and reports for the forensic latent fingerprint discipline
  39. West EM., 2010, Court findings on prosecutorial misconduct claims in post-conviction appeals and civil suits among the first 255 DNA exoneration cases

Cited by

Sorted by citations

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Metadata

Authors
Garrett, B. L.
Affiliations
Duke University (US)
Corresponding author
Garrett, Brandon L.
Venue
Annual Review of Criminology
Published
2020-01-13
Volume
3
Issue
1
Pages
245-259
ISSN
2572-4568 (ISSN-L)
OpenAlex
W4255927984
Cited by
35
References
40
Citations by year
2026: 1 · 2025: 12 · 2024: 7 · 2023: 9 · 2022: 3 · 2021: 1 · 2020: 2
FWCI
0.94
Type
journal article
Language
en
Open access
Locations
Annual Review of Criminology (publishedVersion)
Topics
  • Social Sciences › Law › Legal processes and jurisprudence
  • Social Sciences › Law › Criminal Law and Evidence
  • Social Sciences › Psychology › Social Psychology › Deception detection and forensic psychology
Keywords
wrongful convictions, exoneration, causes of wrongful convictions, criminal procedure reform, reliability of evidence, forensic evidence, eyewitness testimony, confession, police investigation, criminal justice reform

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