SAGE Journal Articles

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Journal Article 15.1: Harmon, T. R., & Lofquist, W. S. (2005, October). Too late for luck: A comparison of post-Furman exonerations and executions of the innocent. Crime & Delinquency, 51(4), 498-520.

Abstract: This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

 

Journal Article 15.2: Manarin, B. (2002, April). Criminal responsibility and mental health experts: The A, B, Cs of cross-examination. Medicine, Science and the Law, 42(2), 135-146.

Abstract: Experts from the field of behavioral sciences are regularly called upon in criminal prosecutions to offer an opinion as to an accused person's mental state at the time an alleged crime was committed. Within the confines of a criminal courtroom, perception often becomes reality. From a lawyer's perspective, the author attempts to reveal how the optics of a trial can become better aligned with actual fact through the adversarial process. Although written by a prosecutor, the upcoming commentary on the A, B, Cs of cross-examination should equally assist the defense counsel who must prepare his/her expert, the judge who must decide what weight to put on the testimony and the mental health expert who ultimately will be obliged to answer the questions.