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1
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0011914525
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A running list and description of post-conviction DNA exonerations compiled by the Innocence Project
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A running list and description of post-conviction DNA exonerations compiled by the Innocence Project is available at http://innocenceproject.org.
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2
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0011831771
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The Commercial Appeal, May 3, at A1, where District Attorney General Bill Gibbons, commenting on the exoneration of Clark McMillan, a man wrongly convicted of rape and robbery and who served 22 years in jail, longer than any other exoneree, before DNA evidence proved he was innocent, said "I think it shows our system works."
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E.g. see Bailey, DNA Clears Man Jailed 22 Years, But Door Still Shut, The Commercial Appeal, May 3, 2002, at A1, where District Attorney General Bill Gibbons, commenting on the exoneration of Clark McMillan, a man wrongly convicted of rape and robbery and who served 22 years in jail, longer than any other exoneree, before DNA evidence proved he was innocent, said "I think it shows our system works." See also Marshall, Do exonerations prove that "the system works?" in this issue (page 83).
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(2002)
DNA Clears Man Jailed 22 Years, But Door Still Shut
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Bailey1
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3
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4243889216
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in this issue
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E.g. see Bailey, DNA Clears Man Jailed 22 Years, But Door Still Shut, The Commercial Appeal, May 3, 2002, at A1, where District Attorney General Bill Gibbons, commenting on the exoneration of Clark McMillan, a man wrongly convicted of rape and robbery and who served 22 years in jail, longer than any other exoneree, before DNA evidence proved he was innocent, said "I think it shows our system works." See also Marshall, Do exonerations prove that "the system works?" in this issue (page 83).
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Do exonerations prove that "the system works?"
, pp. 83
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Marshall1
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4
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0011831772
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Learning from our mistakes: A criminal justice commission to study wrongful convictions
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Spring
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It has been suggested by colleagues that the term "innocence commission" is both "too narrow" because the reforms expected to emerge from such bodies would not just protect the innocent but also lead to the apprehension of the guilty, and politically undesirable as the phrase "innocence commission" would be seen as a term favorable to the criminal defense movement. See Findley, Learning from Our Mistakes: A Criminal Justice Commission to Study Wrongful Convictions, 38 Cal. W. L. Rev. 333, 353 (Spring 2002). This point may be correct. We have always wanted "innocence commissions" to be understood as organizations dedicated to a public safety' imperative, generating findings that would be perceived as just, good law enforcement. The political process will ultimately determine whether the term "innocence" is loaded and identified as a criminal defense code word. We like the term because it goes to the heart of what the average citizen expects of the criminal justice system "to protect the innocent, apprehend the guilty, and correct mistakes when the innocent are wrongly convicted.".
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(2002)
Cal. W. L. Rev.
, vol.38
, pp. 333
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Findley1
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5
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0011905759
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note
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The Innocence Project's list of post-conviction DNA exonerations is composed entirely of such "officially acknowledged" wrongful convictions. A DNA exoneration is defined as any case where a conviction was vacated on the grounds of new evidence of innocence from DNA testing and the indictment was dismissed without subsequent prosecution, the defendant was pardoned by a governor, or the defendant was acquitted after trial.
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6
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0011831773
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A century of commissions of inquiry
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Sellar, A Century of Commissions of Inquiry, 25 Canadian Bar Rev. 1, 1 (1947).
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(1947)
Canadian Bar Rev.
, vol.25
, pp. 1
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Sellar1
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7
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84921691554
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Province of Manitoba. Report
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See, "Thomas Sophonow Inquiry Report," Province of Manitoba. Report available at: http://www.gov.mb.ca/justice/sophonow/toc.html.; and "Report of the Commission On Proceedings Involving Guy Paul Morin" Report available at: http://www.attorneygeneral.jus.gov.on.ca/html/MORIN/morin.htm.
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Thomas Sophonow Inquiry Report
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8
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0011873101
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Report
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See, "Thomas Sophonow Inquiry Report," Province of Manitoba. Report available at: http://www.gov.mb.ca/justice/sophonow/toc.html.; and "Report of the Commission On Proceedings Involving Guy Paul Morin" Report available at: http://www.attorneygeneral.jus.gov.on.ca/html/MORIN/morin.htm.
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Report of the Commission On Proceedings Involving Guy Paul Morin
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9
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0011834128
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See, http://www.ccrc.gov.uk/.
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10
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0011866936
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at 7-9
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See, Findley, supra n. 3, at 7-9; Horan, The Innocence Commission: An Independent Review Board for Wrongful Convictions, 20 N. Ill. U.L. Rev. 91 (2000); Griffin, The Correction of Wrongful Convictions: A Comparative Perspective, 16 Am. U. Int'l. L. Rev. 1241 (2001).
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Supra
, vol.3
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Findley1
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11
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0011913651
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The innocence commission: An independent review board for wrongful convictions
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See, Findley, supra n. 3, at 7-9; Horan, The Innocence Commission: An Independent Review Board for Wrongful Convictions, 20 N. Ill. U.L. Rev. 91 (2000); Griffin, The Correction of Wrongful Convictions: A Comparative Perspective, 16 Am. U. Int'l. L. Rev. 1241 (2001).
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(2000)
N. Ill. U.L. Rev.
, vol.20
, pp. 91
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Horan1
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12
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0000236197
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The correction of wrongful convictions: A comparative perspective
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See, Findley, supra n. 3, at 7-9; Horan, The Innocence Commission: An Independent Review Board for Wrongful Convictions, 20 N. Ill. U.L. Rev. 91 (2000); Griffin, The Correction of Wrongful Convictions: A Comparative Perspective, 16 Am. U. Int'l. L. Rev. 1241 (2001).
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(2001)
Am. U. Int'l. L. Rev.
, vol.16
, pp. 1241
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Griffin1
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13
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0011914526
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at 1277
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Griffin, supra n. 8, at 1277.
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Supra
, vol.8
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Griffin1
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14
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0011911828
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A running list of innocence projects working within the "innocence network" can be found at
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A running list of innocence projects working within the "innocence network" can be found at http://innocenceproject.org/about/otherprojects.php.
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15
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0011913652
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at 1248
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The "Guilford Four" case involved the dismissal of charges against suspected IRA members when evidence was found conclusively proving that the police had fabricated the defendants supposed confessions. In the "Birmingham Six" case, the court overturned IRA convictions based on defendants' confessions when it was revealed that the supposed confessions had been drafted by the police after the fact. See Griffin, supra n. 8, at 1248.
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Supra
, vol.8
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Griffin1
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16
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0011839198
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A running list, text, and analysis of post-conviction DNA statutes, as well as the Innocence Protection Act, a bi-partisan bill in Congress that would mandate post-conviction DNA testing in every state, is available at http://innocenceproject.org.
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17
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0011882349
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United States v. Quinones, et al., No. S3 00 Cr. 761 (JSR) (July 1, 2002)
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United States v. Quinones, et al., No. S3 00 Cr. 761 (JSR) (July 1, 2002).
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18
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0011900431
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Appendix 2: DNA exonerations at a glance
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The first survey study of post-conviction DNA exonerations can be found in Sheck, Neufeld, and Dwyer, Appendix 2: DNA Exonerations at a Glance, in Actual Innocence, first and second editions, (2000, 2001).
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(2000)
Actual Innocence, first and second editions
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Sheck1
Neufeld2
Dwyer3
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19
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0002626542
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Miscarriage of justice in potentially capital cases
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Bedeau and Radelet, Miscarriage of Justice in Potentially Capital Cases, 40 STAN. L. REV. 21 (1987); Radelet and Bedeau, In Spite of Innocence: Erroneous Convictions in Capital Cases (1992).
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(1987)
40 STAN. L. REV. 21
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Bedeau1
Radelet2
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21
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0004342426
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Liebman and Fagan, et al, "A Broken System: Error Rates in Capital Cases, 1973-1995," available at http://www.justice.policy.net/proactive/newsroom/release.vtml?id=18200; and "A Broken System, Part II: Why There is So Much Error in Capital Cases and What Gan be Done About It," available at http://www.justice.policy.net/cjreform/dpstudy/study/index.vtml.
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A Broken System: Error Rates in Capital Cases, 1973-1995
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Liebman1
Fagan2
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23
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0011887691
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note
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When Republican Governor of Illinois Ryan declared a moratorium on the death penalty, he also appointed a blue ribbon committee to examine the causes behind and offer reforms to prevent wrongful convictions. That report was released in the spring of 2002 and is available at: http://www.idoc.state.il.us/ccp/ccp/reports/ commission reports.html. While a proposed moratorium on the death penalty in Nebraska failed, an extensive state-sponsored study released in 2001 of the administration of that state's death penalty found that economic and geographic disparities were the most prevalent impediments to preventing wrongful convictions and offered a number of reforms. The study can be found at: http://www.nadp.inetnedr/Study Page.html. Maryland's Governor also ordered a comprehensive two-year study of the death penalty in March 2001. Results are expected sometime in 2003. Indiana released its study commission findings in December of 2001. Results of commission studies in Virginia, and Arizona are pending. See, Liebman and Fagan, et al, supra n. 16, at 1.
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24
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4243290603
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Ryan Commission, at Chapter 14, General Recommendations, and Recommendation 83. See also Thomas Sullivan, Preventing wrongful convictions, in this issue (page 106).
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Preventing wrongful convictions
, pp. 106
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Sullivan, T.1
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25
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0011876318
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Capital punishment reform? Don't bet on it this year
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April 16, at 8
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See, McKinney, Capital Punishment Reform ? Don't Bet on it this Year, Chicago Sun-Times, April 16, 2002, at 8: "Election year realities mean few lawmakers want to cast votes to scale back capital punishment, as the commission advises, and be portrayed as soft on crime, post-Sept. 11. 'I don't think this will be popular," said Senate President James 'Pate' Philip (R-Wood Dale),⋯ who said he'd be surprised if there was any action on the issue this year.".
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(2002)
Chicago Sun-Times
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McKinney1
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26
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0011905760
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note
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49 U.S.C. § 1181, generally § 1101-1155 (2000). The NTSB was originally created in 1966 under the Department of Transportation, where it languished. The independent NTSB as we know it today was established by the Independent Safety Board Act of 1974.
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27
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4243288246
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Carlisle, Comment: The FAA v. the NTSB: Now that Congress has Addressed the Federal Aviation Administration's "Dual Mandate," has the FAA Begum Living Up to Its Amended Purpose of Making Air Travel Safer, or is the National Transportation Safety Board Still Doing Its Job Alone? 66 J. AIR L. & COM. 741, 757 (2001).
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(2001)
66 J. AIR L. & COM.
, vol.741
, pp. 757
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-
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29
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0011833471
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The FAA Gets its cake and eats it too
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Id. at pg. xxv. It should also be observed that some commentators are concerned that recent case law, mandating deference to FAA interpretations of laws and regulations, has begun to undermine the latitude of NTSB investigations and the ability of the NTSB to effect regulatory changes from the FAA. See, Singer, Garvey v. National Transportation Safety Board: The FAA Gets its Cake and Eats it Too, 66 J. AiR L. & COMM. 875 (2001).
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(2001)
66 J. AiR L. & COMM.
, vol.875
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30
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0011828076
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note
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A wrongful conviction should be carefully defined. Ordinarily, it should embrace just those cases where a conviction has been vacated based, in part, on new evidence of innocence, and the indictment was subsequently dismissed, the defendant was acquitted, or the governor issued a pardon. The innocence commission should, however, have discretion to reach tougher cases, such as instances where new evidence of innocence leads to a conviction being vacated and a deal is struck permitting an Alford or nolo contertdre plea to time served. Such arrangements are often impossible for an innocent defendant to turn down and invite abuse, especially if law enforcement officials insist on such an arrangement in order to avoid an innocence commission inquiry.
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31
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0011909721
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For a more detailed report, see Protess and Warden, A Promise of Justice, at: http://www.law.northwestern.edu/depts/clinic/wrongful/readings/wardenprotess/TOC .htm. Lawrence Marshall and Thomas Sullivan also discuss this case in articles in this issue, see Do exonerations prove that "the system works? (page 83) and Preventing wrongful convictions (page 106).
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A Promise of Justice
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Protess1
Warden2
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32
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0011873421
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Buckley v. Fitzsimmons, 509 U.S. 259, 113 S. Ct. 2606, 125 L. Ed.2d 209 (1993); Imbler v. Pachtman, 424 U.S. 409, 96 S. Ct. 984, 47 L. Ed.2d 128 (1976)
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Buckley v. Fitzsimmons, 509 U.S. 259, 113 S. Ct. 2606, 125 L. Ed.2d 209 (1993); Imbler v. Pachtman, 424 U.S. 409, 96 S. Ct. 984, 47 L. Ed.2d 128 (1976).
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33
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0011914009
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Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed.2d 272 (2001) (qualified immunity); Briscoe v. LaHue, 460 U.S. 325, 103 S. Ct. 1108, 75 L. Ed.2d 96 (1983) (absolute testimonial immunity); Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 73 L. Ed.2d 396 (1982) (qualified immunity)
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Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed.2d 272 (2001) (qualified immunity); Briscoe v. LaHue, 460 U.S. 325, 103 S. Ct. 1108, 75 L. Ed.2d 96 (1983) (absolute testimonial immunity); Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 73 L. Ed.2d 396 (1982) (qualified immunity).
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34
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0011867772
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Mitchell v. Forsyth, 472 U.S. 511, 524-530, 105 S. Ct. 2806, 86 L. Ed.2d 411 (1985)
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Mitchell v. Forsyth, 472 U.S. 511, 524-530, 105 S. Ct. 2806, 86 L. Ed.2d 411 (1985).
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