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Record W2201423329

Wrongful Convictions: Adversarial and Inquisitorial Themes

2010· article· en· W2201423329 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueNorth Carolina Journal of International Law · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsAdversarial systemAdversaryCriminal justiceLawIdentification (biology)Political sciencePsychologyEconomic JusticeComputer scienceComputer security
DOInot available

Abstract

fetched live from OpenAlex

The discovery of wrongful convictions in Anglo-American systems over the last twenty years has shaken confidence in the adversarial system of criminal justice. The first part of this article will assess the main identified causes of wrongful convictions in Anglo-American systems through the lens of what they reveal about the limits of the adversary system. Six main causes will be discussed, namely mistaken eyewitness identification, lying witnesses, false confessions and false guilty pleas, faulty forensic evidence, tunnel vision or confirmation bias, and inadequate defense representation. The second part of this article will assess possible remedies for wrongful convictions in Anglo-American systems through the lens of the extent to which they attempt to improve the adversarial system and the extent to which they adopt practices that use inquisitorial methods of investigation.The third part of the article will discuss reform proposals for preventing and remedying wrongful convictions that explicitly or implicitly draw on inquisitorial ideals. It will be suggested that many adversarial systems can easily accommodate inquisitorially inspired reforms. Finally, this article will draw some conclusions about what wrongful convictions can tell us about adversarial and inquisitorial systems. The weaknesses and blind spots of each system will be examined as a prelude to suggesting that combining aspects of adversarial and inquisitorial systems can best prevent and remedy wrongful convictions. Each system can and should learn from the other in order to better prevent and remedy wrongful convictions.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.972
Threshold uncertainty score0.523

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.013
GPT teacher head0.306
Teacher spread0.293 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it