Wrongful Convictions
Most common cause of wrongful convictions (in DNA exoneration cases)
Eyewitness Misidentification
A show-up is:
A one-person identification procedure
The purpose of a direct appeal is to:
Review legal errors
Habeas corpus means (literally):
"You have the body"
Strickland governs:
Ineffective assistance of counsel
Schlup v. Delo created:
"gateway" innocence claims
Admitting to a crime one did not actually commit
False confession
Which case or cases sets the test for eyewitness identification reliability?
Manson/Biggers
Appeals are based on:
The trial record
Habeas corpus is used to:
Challenge legality of detention
Strickland requires:
Error and prejudice
Schlup requires:
New evidence of innocence
A Brady violation occurs when
Prosecutors withhold exculpatory evidence from the defense
Suggestive identification procedures:
Increase risk of error
De novo review means:
No deference
Habeas is typically filed:
After appeals
Brady requires disclosure of:
Exculpatory evidence to the defense
Herrera claims are:
rarely successful; stand-alone innocence claims
Name a type of "junk science" among the forensic evidence we discussed
Bite marks or hair analysis
Asking an eyewitness leading questions can
Distort memory
Appeals do NOT:
Reweigh evidence
Exhaustion requires:
Raising claims in state court first
Coerced confessions violate:
Due Process
Finality refers to:
ending litigation
Which group is most vulnerable to false confessions?
Juveniles (or developmentally disabled or mentally ill adults)
Time between crime and identification affects:
Memory reliability
A successful appeal results in:
Reversal of conviction or sentence; new trial or new sentencing (USUALLY)
AEDPA imposes:
procedural bars and a strict statute of limitations
Prosecutorial misconduct affects:
trial fairness
Connick v. Thompson deals with:
Prosecutorial training liability for Brady errors
In wrongful convictions, the “cascade effect” means
One error leads to others reinforcing it
Eyewitness testimony is dangerous because:
It is persuasive but often inaccurate
The only appellate issue that, if successful, bars retrial
Insufficiency of the evidence
Habeas petitions are most often:
Denied
Brady evidence must be
favorable and material
Connick held:
No civil liability