Add to ORKGIndeed, it is difficult to prove one\u27s innocence, and the legal system purports not to require defendants in criminal cases to do so. The shift in the burden of proof happened for a number of reasons. In this article, I will discuss another factor that I believe pervades the criminal justice system: jury instructions that shift the burden from the government to the defendant. Part II of this article establishes three criteria for good criminal jury instructions. They are fidelity to the law, comprehensibility, and consistency with the presumption of innocence. It then discusses the presumption of innocence, burden of proof and circumstantial evidence instructions used at the time of the first Sheppard trial in light of those criteria. No...
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence mov...
Sam Sheppard was at the center of the highest profile crime in Ohio history. It contained “[m]urder ...
The fundamental problem with false convictions is that they are unobserved, and in general, unobserv...
The State’s proposed jury instructions focused primarily on the difference between the burden of pro...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
It would probably surprise the average American to learn that prosecutors need only prove guilt beyo...
In these essays, the authors explore different views of the criminal trial as a means of determining...
Criminal law and procedure tell us a criminal defendant is presumed innocent. Jurors in criminal tri...
Although the presumption of innocence is universally acknowledged as central to the Anglo-American a...
Ultimately, this article is about how well different definitions of reasonable doubt fit society\u27...
The standard of proof beyond a reasonable doubt is commonly thought to be an important benefit to th...
The standard of criminal proof beyond a reasonable doubt is believed almost everywhere to be a bulwa...
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explor...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence mov...
Sam Sheppard was at the center of the highest profile crime in Ohio history. It contained “[m]urder ...
The fundamental problem with false convictions is that they are unobserved, and in general, unobserv...
The State’s proposed jury instructions focused primarily on the difference between the burden of pro...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
It would probably surprise the average American to learn that prosecutors need only prove guilt beyo...
In these essays, the authors explore different views of the criminal trial as a means of determining...
Criminal law and procedure tell us a criminal defendant is presumed innocent. Jurors in criminal tri...
Although the presumption of innocence is universally acknowledged as central to the Anglo-American a...
Ultimately, this article is about how well different definitions of reasonable doubt fit society\u27...
The standard of proof beyond a reasonable doubt is commonly thought to be an important benefit to th...
The standard of criminal proof beyond a reasonable doubt is believed almost everywhere to be a bulwa...
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explor...
As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, m...
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence mov...
Sam Sheppard was at the center of the highest profile crime in Ohio history. It contained “[m]urder ...
The fundamental problem with false convictions is that they are unobserved, and in general, unobserv...