Advancing Wrongful Conviction Scholarship: Toward New Conceptual Frameworks

Norris, Robert J.; Bonventre, Catherine L.

doi:10.1080/07418825.2013.827232

Cited by 14 publications

(8 citation statements)

References 46 publications

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“…Relatedly, Norris and Bonventre (2015) propose forced reaction theory to understand the complex factors that lead to a wrongful conviction. This theory is based on the idea that the actions of criminal justice actors are both rational and executed with a genuine interest in promoting societal well-being.…”

Section: Discussionmentioning

confidence: 99%

Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?

Lowrey-Kinberg

Senn

Dunn

et al. 2018

Crime & Delinquency

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Drawing from the investigative policing literature, we develop a typology for how innocent defendants become suspects in criminal investigations. We use the Preventing Wrongful Convictions Project (PWCP) dataset and multivariate modeling to examine the case and defendant characteristics that predict how an innocent defendant became a suspect. We found that investigators identify suspects in eight primary ways. The most common in the PWCP dataset were victim/eyewitness identification, citizen identification, and intentional misidentification. Defendant’s race, age, criminal history, relationship to the victim, cognitive/mental status, and whether the victim survived were strongly associated with an innocent defendant’s origin of implication. These results illuminate how tunnel vision begins in cases with innocent defendants, and how police practices may prevent innocent individuals from becoming suspects.

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Section: Discussionmentioning

confidence: 99%

Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?

Lowrey-Kinberg

Senn

Dunn

et al. 2018

Crime & Delinquency

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“…В более широком смысле в последнее десятилетие в криминологических и эмпирических исследованиях сделана попытка создать новые подходы, парадигмы и теории, чтобы лучше понять, как и почему появляются ошибочные приговоры, как их можно эффективно предотвратить, как можно и нужно реформировать систему уголовного правосудия, не затрагивая ее базовых ценностей [73,224,187,225]. Развитие концептуального знания важно не только для создания более систематических, обобщающих и фундаментальных подходов к проблеме ошибочных приговоров [188], но и чтобы показать законодателям, что положено на чашу весов и каковы издержки решений в данной области.…”

Section: заключение: закрывая пробел правосудияunclassified

The Justice Gap and the Promise of Criminological Research. Russian Journal of Economics and Law

Leo

2022

RusJEL

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Objective: to summarize and study the law-application errors during preliminary interrogation, court investigation, and conviction in the American criminal justice system.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results: the work describes in detail and considers four main causes of law-application errors occurring during preliminary interrogation, court investigation, and conviction in the American criminal justice system. These include: false confessions, eyewitness misidentification, forensic error, and perjured jailhouse informant testimony. Hence, it is not accidental that the main task of empirical research of criminologists and other researchers in the past two decades has been a call for greater transparency in the evidence-gathering process and the development and implementation of best practices based on social science research. Developing conceptual knowledge is important not only for creating a more systematic, generalizable and respectable criminology of wrongful conviction, but also to better inform policy-makers’ understandings that people’s lives may be at stake, as well as trade-offs of wrongful convictions.Scientific novelty: the work considers the current problems in the American criminal justice system, that occur during preliminary interrogation, court investigation, and conviction. Among them are the problems of police interrogations, false confessions and court errors, leading to wrongful convictions.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the minimization of errors occurring at the stages of preliminary interrogation, court investigation, and conviction in the American criminal justice system.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org. For original publication: Leo, R. A. (2014). The Justice Gap and the Promise of Criminological Research, Criminology, Criminal Justice, Law & Society, 15 (3), 1–37. Publication URL: https://ccjls.scholasticahq.com/article/419-the-justice-gap-and-the-promise-of-criminological-research

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“…Lofquist argues that we need theory to better understand the characteristics of vulnerable defendants and the social structural, racial, and organizational dynamics of unreliable convictions. In effect, Lofquist is arguing for a critical criminological approach to the study of wrongful convictions, one of the five conceptual frameworks discussed by Norris and Bonventre (2015).…”

Section: Theorymentioning

confidence: 99%

“…In the last decade, several scholars have pushed back on my suggestions, essentially arguing that they are overly positivistic and too narrowly concerned with causal explanations of wrongful conviction outcomes. Norris and Bonventre (2015) have argued that criminologists need to broaden and pluralize the meaning of theory in the study of wrongful convictions, and that criminal justice theory is already implicitly present in some innocence scholarship, and they reconceptualize what they call “theoretical perspectives” as “conceptual frameworks.” Norris and Bonventre (2015) argue that: A broad theoretical approach may help address some of the difficulties associated with miscarriages research . .…”

Section: The Criminology Of Wrongful Conviction: a Decade Latermentioning

confidence: 99%

The Criminology of Wrongful Conviction

Leo

2016

Journal of Contemporary Criminal Justice

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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.

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Advancing Wrongful Conviction Scholarship: Toward New Conceptual Frameworks

Cited by 14 publications

References 46 publications

Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?

Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?

The Justice Gap and the Promise of Criminological Research. Russian Journal of Economics and Law

The Criminology of Wrongful Conviction

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