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Record W4311063081 · doi:10.29173/wclawr74

Remanding Justice for the Innocent

2022· article· en· W4311063081 on OpenAlexafffundvenueabout
Cheryl Marie Webster

Bibliographic record

VenueThe Wrongful Conviction Law Review · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversity of Ottawa
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsPleaInnocenceCriminal justiceScholarshipContext (archaeology)CriminologyEconomic JusticeLawValue (mathematics)Political scienceSociologyHistory

Abstract

fetched live from OpenAlex

Historically, the literature on wrongful convictions has focused on a relatively small number of high-profile exonerations of convictions for serious crimes. However, these cases represent only a small percentage of the total number of wrongful convictions. An emerging area of scholarship is expanding our understanding of their prevalence, by looking at the role that systemic and structural pressures have had on the choice of factually innocent defendants to enter false guilty pleas (FGPs). Plea bargaining – particularly presenting defendants in low-level criminal cases with “offers that they cannot refuse” – needs to be understood as having the potential to increase the number of wrongful convictions. Within this context, this article argues that the increased use of pre-trial detention (PTD) represents a very powerful source of FGPs. Part I discusses the potentially large number of cases affected by FGPs in Canada. Part II explores how the mechanisms of PTD likely influence defendants’ decisions to give a FGP. Part III discusses how the prevalence of FGPs represents a trade-off of the value of a defendant’s innocence in favour of other institutional or societal objectives rooted in the generalized culture of risk aversion and risk management in the Canadian criminal justice system. This emerging scholarship represents a particularly important area of inquiry because, by their very nature, FGPs represent one of the least correctable and answerable parts of the criminal justice system.

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.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.022
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.405
Threshold uncertainty score0.806

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.022
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0030.001
Science and technology studies0.0040.007
Scholarly communication0.0050.002
Open science0.0020.002
Research integrity0.0040.004
Insufficient payload (model declined to judge)0.0030.001

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 head0.108
GPT teacher head0.396
Teacher spread0.288 · 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

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2022
Admission routes4
Has abstractyes

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