Prosecutor Risk, Maturation, and Wrongful Conviction Practice

2017 ◽  
Vol 42 (03) ◽  
pp. 648-676
Author(s):  
Kay L. Levine ◽  
Ronald F. Wright

In this article we rethink the connection between prosecutorial experience and conviction psychology that undergirds much of the academic literature about wrongful convictions. The conviction psychology account of prosecutorial behavior asserts that prosecutorial susceptibility to cognitive biases deepens over time, thereby increasing the risk that prosecutors will become involved in wrongful convictions the longer they stay in the profession. Our interviews with more than 200 state prosecutors call into question the basis for this asserted correlation between prosecutorial experience and risk of misconduct. The prosecutors we met consistently reported that, all else equal, prosecutors tend to become more balanced, rather than more adversarial, over time. Hence, the prosecutors who present the greatest risk of producing a wrongful conviction are those who are either inexperienced or resistant to the normal maturation process. For this reason, we suggest that wrongful conviction researchers and database designers pay closer attention to the variables associated with prosecutorial experience and resistance that might affect the development of prosecutorial maturity and the consequent risk of wrongful convictions.

Nutrients ◽  
2021 ◽  
Vol 13 (6) ◽  
pp. 2006
Author(s):  
Courtney Thompson ◽  
Jean Adams ◽  
Helen Anna Vidgen

(1) Background: The term ‘food literacy’ has gained momentum globally; however, a lack of clarity around its definition has resulted in inconsistencies in use of the term. Therefore, the objective was to conduct a systematic scoping review to describe the use, reach, application and definitions of the term ‘food literacy’ over time. (2) Methods: A search was conducted using the PRISMA-ScR guidelines in seven research databases without any date limitations up to 31 December 2019, searching simply for use of the term ‘food literacy’. (3) Results: Five hundred and forty-nine studies were included. The term ‘food literacy’ was used once in 243 articles (44%) and mentioned by researchers working in 41 countries. Original research was the most common article type (n = 429, 78%). Food literacy was published across 72 In Cites disciplines, with 456 (83%) articles from the last 5 years. In articles about food literacy (n = 82, 15%), review articles were twice as prevalent compared to the total number of articles (n = 10, 12% vs. n = 32, 6%). Fifty-one different definitions of food literacy were cited. (4) Conclusions: ‘Food literacy’ has been used frequently and broadly across differing article types and disciplines in academic literature internationally. However, agreement on a standardised definition of food literacy endorsed by a peak international agency is needed in order to progress the field.


2016 ◽  
Vol 33 (1) ◽  
pp. 82-106 ◽  
Author(s):  
Richard A. Leo

This article reflects on the author’s 2005 article, “Rethinking the Study of Miscarriages of Justice,” which sought to describe what scholars empirically knew at that time about the phenomenon, causes, and consequences of wrongful convictions in America. The 2005 article argued that the study of wrongful convictions constituted a coherent academic field of study and set forth a vision for a more sophisticated, insightful, and generalizable criminology of wrongful conviction. In this current article, the author revisits the ideas first developed in “Rethinking the Study of Miscarriages of Justice” to evaluate what scholars have learned about wrongful convictions in the last decade, and what challenges lie ahead for developing a more robust criminology of wrongful conviction. The article concludes that there have been significant theoretical, methodological, and substantive advances in the last decade, but that a root cause analysis of wrongful convictions has yet to come to fruition and urges empirical scholars to begin to study other sources of error and inaccuracy in the criminal justice system. Scholars should develop a criminology of erroneous outcomes, not just of erroneous conviction. By studying both sets of outcomes, scholars can improve accuracy and reduce errors across the board.


2019 ◽  
pp. 68-84
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.


2020 ◽  
pp. 003232172090632
Author(s):  
Stuart Wilks-Heeg ◽  
Peter Andersen

This article examines the role of results forecasts and exit polls in BBC general election night broadcasts from 1955 to 2017. Despite the substantial role played by academics in results programmes, in devising forecasts and analysing results as they emerge, academic literature on election night broadcasts is scant. This article charts the development of election night forecasting over time and its implications for the structure and content of election night broadcasts. It draws on a unique new data set of verbatim transcripts of the first hour of every BBC election night broadcast from 1955–2017 to quantify the attention paid to forecasts and exit polls and assess how they frame discussion of the likely outcome and its potential political consequences. The article concludes that the function of election night broadcasts as ‘the first draft of psephology’ merits closer attention for both the political narratives and the academic research agendas they generate.


2019 ◽  
Vol 34 (2) ◽  
pp. 434-454
Author(s):  
Olabisi D Akinkugbe

Abstract International investment disputes involving African States before the International Centre for the Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, not enough academic literature has been devoted to accounting for the implications that arise from the disputes involving African States to the development of the ICSID case law and international investment law in general. This article addresses this gap by conceptualizing African States parties before ICSID tribunals as reverse contributors. While the article acknowledges the critiques of ICSID vis-à-vis African State parties, it contends that, over time, the involvement of African States in ICSID disputes has generated opportunities for the clarification, confirmation and development of ICSID jurisprudence. Although the article is not a case for African exceptionalism, it contributes to the dearth of materials that revisit the participation of African States before ICSID, while simultaneously acknowledging the need for reforms.


2015 ◽  
Vol 30 (1) ◽  
pp. 32-37 ◽  
Author(s):  
T.T. Winton-Brown ◽  
M.R. Broome ◽  
P. Allen ◽  
I. Valli ◽  
O. Howes ◽  
...  

AbstractBiases in cognition such as Jumping to Conclusions (JTC) and Verbal Self-Monitoring (VSM) are thought to underlie the formation of psychotic symptoms. This prospective study in people with an At Risk Mental State (ARMS) for psychosis examined how these cognitive biases changed over time, and predicted clinical and functional outcomes. Twenty-three participants were assessed at clinical presentation and a mean of 31 months later. Performance on a JTC and VSM tasks were measured at both time points. Relationships to symptom severity, level of function and the incidence of psychotic disorder were then examined. The levels of symptoms, function and VSM all improved over time, while JTC was stable. Five participants (22%) developed a psychotic disorder during the follow-up period, but the risk of transition was not related to performance on either task at baseline, or to longitudinal changes in task performance. JTC performance correlated with symptom severity at baseline and follow-up. Similarly, performance on the two tasks was not related to the level of functioning at follow-up. Thus, while the ARMS is associated with both VSM and JTC biases, neither predict the onset of psychosis or the overall functional outcome.


2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Pamela R. Ferguson

Recent proposals to reform Scottish criminal procedure are motivated by considerations of efficiency and accurate fact-finding, and there is little attempt to offer a normative account. This paper describes these proposals and contends that their emphasis on finding ‘the truth’ is misplaced on two distinct bases: (1) it equates erroneous acquittals to wrongful convictions, thus fails to uphold a fundamental tenet of criminal procedure, namely the particular importance of protecting the innocent against wrongful conviction; and (2) it fails to recognise the importance of non-instrumental process values which are at the heart of the adversarial criminal trial.  The paper suggests that it is only by adhering to these process values that the state maintains – and demonstrates that it maintains – its moral authority to condemn and punish offenders.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion.


2019 ◽  
Vol 11 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Andra C. Ghent ◽  
Walter N. Torous ◽  
Rossen I. Valkanov

We survey the properties of commercial real estate (CRE) as an asset class. We first illustrate its importance relative to the US economy and to other asset classes. We then discuss CRE ownership patterns over time. While the academic literature has emphasized Real Estate Investment Trusts, about two-thirds of the value of CRE is owner occupied. We next study the return properties of CRE indices and discuss what is known about the returns to individual properties. We briefly discuss CRE debt before turning to property derivatives. Finally, we consider how including CRE in a portfolio affects the portfolio's performance.


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