Wrong-person error in capital cases

A death verdict may be erroneous as a matter of substance (the defendant did not satisfy the conditions for conviction of murder or for the death penalty) or procedure (the process the state used to determine what the defendant did violates legal rules designed to assure factually correct verdicts)....

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Bibliographic Details
Main Author: Liebman, James S. (Author)
Format: Print Article
Language:English
Published: 2024
In: The Elgar companion to capital punishment and society
Year: 2024, Pages: 180-199
Online Access: Volltext (lizenzpflichtig)
Check availability: HBZ Gateway
Keywords:
Innocence
Legal error
Exoneration
Ineffective assistance of counsel
Appelas
Habeas Corpus
Description
Summary:A death verdict may be erroneous as a matter of substance (the defendant did not satisfy the conditions for conviction of murder or for the death penalty) or procedure (the process the state used to determine what the defendant did violates legal rules designed to assure factually correct verdicts). Substantive error can infect many elements of the guilt determination, of which “wrong-person” error is one. Erroneous death verdicts may be discovered before or after the individual is executed, or not at all. Focusing on capital, substantive, wrong-person errors, this chapter assesses how frequently they occur and are discovered, their implications for our capital justice system, why they occur, and what can be done to avoid them.
Item Description:Literaturverzeichnis: Seite 193-199
Physical Description:Diagramme
ISBN:9781803929149
DOI:10.4337/9781803929156.00021