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Prosecuting Innocence:

Flaws in the System of Criminal Prosecution

The prevalence and consequences of wrongful conviction in the U.S. criminal justice system are significant enough to warrant serious attention.  The two most common causes of wrongful conviction are eyewitness misidentification and prosecutorial misconduct. Eyewitness misidentification is difficult to prevent because it is caused by inherent behavior in strangers that cannot be controlled.  Controlling prosecutorial misconduct, including both intentional and unintentional error, is the ideal way to prevent wrongful conviction because it is the result of procedural flaws, subconscious behavior, and ineffective legislation. These are all factors that can be controlled via increasing training and oversight as well as changing prosecution procedures.

Abstract

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