Protecting the Innocent as the Primary Value of the Criminal Justice System (Reviewing George Thomas, 'The Supreme Court on Trial: How the American Justice System Sacrifices Innocent Defendants.')
Ohio State Journal of Criminal Law, 2009
2009
- 3,760Usage
- 2Captures
Metric Options: CountsSelecting the 1-year or 3-year option will change the metrics count to percentiles, illustrating how an article or review compares to other articles or reviews within the selected time period in the same journal. Selecting the 1-year option compares the metrics against other articles/reviews that were also published in the same calendar year. Selecting the 3-year option compares the metrics against other articles/reviews that were also published in the same calendar year plus the two years prior.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Paper Description
This is a review of George Thomas’s important and provocative new book, THE SUPREME COURT ON TRIAL: HOW THE AMERICAN JUSTICE SYSTEM SACRIFICES INNOCENT DEFENDANTS. Thomas argues that protection of the innocent is the primary goal of the criminal justice system, and that the adversary system has proved poorly suited to advancing that goal. In addition, he argues that Warren Court reforms exacerbated the problem, creating a system in which procedural protections have become an end rather than a means toward achieving justice. He argues that our system would do well to adopt many aspects of the inquisitorial system, and particularly the French system. The review gives an overview of the book, and then explores two of its central arguments. First, to what extent are the root causes of wrongful convictions tied to the adversary system, or to the current U.S. version of the adversary system, and to what extent do they transcend national culture? Second, is Thomas correct that protecting the innocent is the primary goal of the criminal justice system, and that the focus on process conflicts with that goal?
Bibliographic Details
Provide Feedback
Have ideas for a new metric? Would you like to see something else here?Let us know