The Innocence Trap lawreview - Minnesota Law Review
By CAITLIN GLASS & JULIAN GREEN. Full Text. What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is lawreview - Minnesota Law Review
By CAITLIN GLASS & JULIAN GREEN. Full Text . What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions—one that is synonymous with factual innocence. This Article argues that a broader conception of wrongful convictions may be revealed through co-ideation with people in prison who are engaged in efforts to contest criminal law. Taking one example as a case study, we focus on a coalition called We Are Joint Venture, Inc., which is comprised of incarcerated organizers whose convictions rest on imputed liability murder doctrines like accomplice/joint venture liability and felony murder. These organizers highlight procedural and substantive features of imputed liability murder doctrines that lead to convictions contradicting community expectations of accountability—something we call “the innocence trap.” Drawing on the methods of movement law and Participatory Law Scholarship, this Article is coauthored by the director of We Are Joint Venture, Inc ., who is serving a life sentence for murder under the joint venture theory, and a law scholar who has written about imputed liability doctrines. Our analysis contributes to legal thought in three ways. First, it builds on scholarship questioning the legitimacy of imputed liability murder doctrines and offers new possibilities for legislative and judicial interventions. Second, we advance a conception of wrongful convictions that invites inquiry into the logic and merits of criminal law, transforming even entrenched doctrines into sites of contestation. Finally, this Article underscores the epistemic, democratic, and substantive benefits of engaging with legal thinkers whose insights about the law stem not from the academy but from experience, study, and struggle. Tweet Share
Executive Summary
The article 'The Innocence Trap' challenges the traditional notion of wrongful convictions, which often focuses solely on factual innocence. By co-ideating with incarcerated individuals, the authors argue for a broader conception of wrongful convictions, highlighting the 'innocence trap' created by imputed liability murder doctrines. This doctrine can lead to convictions that contradict community expectations of accountability, underscoring the need for legislative and judicial interventions. The article contributes to legal thought by questioning the legitimacy of imputed liability murder doctrines and advancing a new conception of wrongful convictions that invites inquiry into the logic and merits of criminal law.
Key Points
- ▸ The article challenges the traditional notion of wrongful convictions, focusing on factual innocence
- ▸ Imputed liability murder doctrines can lead to convictions that contradict community expectations of accountability
- ▸ The authors argue for a broader conception of wrongful convictions, highlighting the 'innocence trap'
Merits
Interdisciplinary Approach
The article's use of movement law and Participatory Law Scholarship provides a unique perspective on the issue of wrongful convictions, highlighting the importance of engaging with individuals who have experienced the criminal legal system firsthand.
Demerits
Limited Scope
The article's focus on imputed liability murder doctrines may limit its applicability to other areas of criminal law, potentially overlooking other factors that contribute to wrongful convictions.
Expert Commentary
The article 'The Innocence Trap' offers a nuanced and thought-provoking analysis of the concept of wrongful convictions, highlighting the need for a more expansive understanding of this issue. By centering the voices and experiences of incarcerated individuals, the authors provide a unique perspective on the criminal legal system, one that underscores the importance of engaging with individuals who have been most impacted by its failures. The article's use of movement law and Participatory Law Scholarship is particularly noteworthy, as it demonstrates the value of interdisciplinary approaches to legal scholarship.
Recommendations
- ✓ Policymakers and lawmakers should consider the article's findings when developing new legislation or reforming existing laws related to imputed liability murder doctrines
- ✓ Innocence organizations and defense attorneys should prioritize challenging imputed liability murder doctrines in court, using the article's arguments to inform their strategies
