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August 4, 2011

"Adversarial Inquisitions: Rethinking the Search for the Truth"

The title of this post is the title of this interesting-looking new piece by Professor Keith Findley, which is now available via SSRN. Here is the abstract:

The growing number of exonerations of wrongly convicted individuals has fostered new interest in alternative mechanisms for factfinding in criminal cases, including some recent suggestions for special "innocence procedures."  Such procedures would be optional, and available only in cases in which the defendant claims factual innocence.  Discussion about alternative methods of investigating and adjudicating facts in criminal cases inevitably renews longstanding debates about the relative merits of inquisitorial versus adversarial system.

This article analyzes and critiques some of the recent suggestions for "innocence procedures," concluding that most do both too much and too little to enhance adjudicative reliability.  The article then draws on the strengths of both the adversary and inquisitorial systems to propose an alternative model that might promise enhanced reliability, and thus both better justice and public safety.

August 4, 2011 at 10:14 AM | Permalink


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Posted by: thomas sabo sale | Aug 4, 2011 11:07:40 PM

The blog is absolutely fantastic. Lots of great information and inspiration, both of which we all need. Thanks.

Read more here: http://blogs.kansascity.com/crime_scene/2011/06/arrests-made-in-shooting-robbery-at-lenexa-jewelry-store.html#storylink=cpy

Posted by: pandora uk | Apr 20, 2012 2:03:04 AM

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