NCJ Number
225380
Date Published
2008
Length
21 pages
Annotation
In this chapter, the author analyzes the adversary jury trial and assesses its capacity to determine the objective truth.
Abstract
There is evidence to suggest that the trial, operating lawfully, has contributed to wrongful convictions. It is not possible to prove that otherwise properly functioning jury trials contribute to wrongful convictions, directly or by filtering out investigation error, but there is a good deal of evidence that raises this inference. This chapter addresses two questions: (1) what role is played by the adversary system and by the American adversary trial in generating miscarriages of justice and (2) are modifications to the American adversary trial and system that can reasonably hope to reduce miscarriages of justice feasible? Given the complexity of the adversary trial and the large scope of the adversary system (term used to encompass the entire criminal justice system), an attempted answer in one chapter must be partial. The author analyzes the role of the judge, rules of evidence, reforms to allow more jury involvement, and other ideas to determine whether technical modifications might make jury trials more accurate and reduce the number of wrongful convictions. Notes and references