Wrongful Convictions Flashcards
Stats
murder and rape account for 2% if felony convictions
but over 95% of known false convictions
how many wrongful convictions/exonerations
1319 cases, most are totally unknown - hard to count
major causes of wrongful conviction?
perjury/false accusation
mistaken witness identification
official misconduct
invalidated or improper forensic science
false confessions
incompetent defense
Moliterno
case 1: logan wrongfully convicted, the lawyers had to wait until their guy died to get him out, after he spent 26 yrs in prison
case 2: lawyer’s guy died, they said that Hunt was wrongfully convicted but because lawyers’ guy didnt give them consent, it was thrown out and he’s still in jail/
is a lawyers job to find out the truth?
no, it’s to serve her client
Example: winning acquittal for a client even though you know they are guilty!
what are the two parts of confidentiality?
evidentiary: you keep confidential the communications
ethical: you keep confidential all info related to representation, even after client death
what’s the justification for this atnny client priv?
because you want there to be full and frank communication between the client and their attny so as not to undermine the fair judicial process
is there ever an exception to this confidentiality?
if there is going to be “reasonably certain death or substantial bodily harm” or “substantial injury to the financial interests or properthy of another
then you can reveal stuff your client says
BUT THERE IS NO CURRENT EXCEPTION FOR WRONGFUL INCARCERATION - MOLITERNO ARGUES THERE OUGHT TO BE
what are the arguments for and against having really strict confidentiality?
for: more exceptions will make your client distrustful of you and discourage open communication.
against: confidentiality does not necessarily impact candor. fundamental question of justice is at stake.
