Wednesday, June 3, 2009
Little on Ruling Out Evidence Causing Wrongful Convictions
Rory Little has published an essay titled "Addressing the Evidentiary Sources of Wrongful Convictions: Categorical Exclusion of Evidence in Capital Statutes," 37 Southwestern Univ. L. Rev. 965 (2008), in which he proposes a model statute that would ban any capital prosecution based primarily on the types of evidence known to cause the conviction of innocent persons. The four types are (1) eyewitness (stranger) identification testimony; (2) confession; (3) criminal informant; and (4) unvalidated forensic evidence.