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The Attorney‑Client Privilege, Client Confessions and Wrongful Convictions: Immunity as a Statutory Solution

Attorneys face a serious personal dilemma when a client confesses that he or she committed the crime for which someone else has been wrongfully convicted.  If they do nothing, a wrongful conviction stands.  If they come forward, their client faces the prospect of a new criminal conviction.  Professional ethics require them to maintain all privileges […]

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Honesty Without Truth: Lies, Accuracy, and the Criminal Justice Process

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern.  Honesty and truth are not the same thing and conflating them can actually inhibit accuracy.  In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence.  Error […]

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