What would the effect on the criminal justice system be if the U.S. Supreme Court decided in favor of Herrera in Herrera v. Collins?
Do you agree with the Court that a defendant's claim that he is actually innocent is only available to him "where the prisoner supplements his constitutional claim with a colorable showing of factual innocence?" Would you grant habeas corpus review to "freestanding claims of actual innocence," that is, those claims without a claim that his trial was marred by constitutional error? Why or why not?
What will be an ideal response?
ANSWER: Answers may vary: The question invites students to appreciate the finer points of appellate law. Public opinion suggests that truly innocent defendants need only claim and somehow prove their innocence to receive their "get out of jail" card. Many students do not realize that such a claim of actual innocence – a freestanding claim – is legally insufficient to appellate court review. Based on the holding in Herrera, a defendant must also successfully allege a constitutional defect at trial, i.e., violation of due process or Fourth, Fifth, Sixth Amendment rights.
You might also like to view...
The owners of Bow-Wow Roofing Company knowingly permit their workers to roof homes without adhering to state and federal safety regulations. The owners believe the regulations slow down work and are bureaucratic nonsense
One day, Jose, an experienced roofer, falls from the second story roof of a house under construction and is killed. Investigation reveals that his death would not have occurred if he had been attached to a belay line as is required by federal safety regulations. In this case, the roofing company could be properly charged with committing criminally ________ homicide. Fill in the blank(s) with correct word
The __________ Directorate within the DHS coordinates the department's research and development efforts
Fill in the blank(s) with the appropriate word(s).
Answer the following statement(s) true (T) or false (F)
1. Luminol solution can be used to identify blood that is otherwise invisible to the naked eye. 2. Criminalistics refers specifically to the science of physical evidence. 3. CODIS is to DNA what IFIS is to fingerprints. 4. Forensic anthropology refers to the science of dead bodies and autopsies. 5. Forensic entomology refers to the science of insects in answering legal questions.
In some jurisdictions, a person must retreat before using defensive deadly force if
a. he can with complete safety to himself and others. b. he was not the original attacker. c. the attacker demands he retreat or die. d. the attacker refuses to retreat.