Albany Law Review
Benjamin Levin, De-Naturalizing Criminal Law: Of Public Perceptions and Procedural Protections, 76 Alb. L. Rev. 1777 (2012/2013), available at http://scholar.law.colorado.edu/articles/285.
Innocence, it turns out, is a complex concept. Yet the Innocence Movement has drawn power from the simplicity of the wrong-person story of innocence, as told most effectively by the DNA cases. The purity of that story continues to have power, but that story alone cannot sustain the Innocence Movement. It is too narrow. It fails to accommodate the vast majority of innocent people in our justice system. It fails to embrace innocence in its full complexity. . . . [I]n the end, for virtually all purposes, innocence must be understood under the objective rules that have long governed the criminal justice system....Without proof of guilt determined by a court, the presumption of innocence defines innocence.
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