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Record W7116102461 · doi:10.1017/9781009608282.002

Miscarriages of Justice, Wrongful Convictions and Proven Innocence as Means of Rationing Justice

2025· book-chapter· W7116102461 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

VenueCambridge University Press eBooks · 2025
Typebook-chapter
Language
FieldSocial Sciences
TopicJury Decision Making Processes
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsInnocenceEconomic JusticeRationingCriminal justiceLegislation

Abstract

fetched live from OpenAlex

This chapter defines the different terms “miscarriage of justice,” “wrongful convictions” and “proven innocence.” Although these terms are often used interchangeably with differences ascribed to customs and semantics, there are critical differences between them. Miscarriages of justice is the broadest term. In some definitions, it can include any violation of rights. In the criminal context, miscarriages of justice can include unfair trials and unwarranted pre-trial detentions. A wrongful conviction is a narrower term that requires a conviction that is subsequently overturned. As measured in recently developed registries, wrongful convictions are convictions overturned on the basis of new evidence relevant to guilt or innocence. Finally, the narrowest term is proven innocence. This approach is most popular in the United States, where it is also called factual or actual innocence. It was pioneered by Edwin Borchard and used by innocence projects. Formalistic arguments that proven innocence does not violate the presumption of innocence are critiqued. Consistent with Guido Calabresi’s and Phillip Bobbitt’s tragic choice theory, the use of the different terms differs over time and place, and they are used to ration justice.

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)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.988
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0010.000
Science and technology studies0.0010.003
Scholarly communication0.0000.000
Open science0.0010.001
Research integrity0.0010.001
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 head0.030
GPT teacher head0.276
Teacher spread0.246 · 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