
Contents
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Procedural Hurdles in Litigating Innocence Claims Procedural Hurdles in Litigating Innocence Claims
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Post-Conviction Innocence Claims and the American Prosecutor Post-Conviction Innocence Claims and the American Prosecutor
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Cognitive Bias Cognitive Bias
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Resource Constraints Resource Constraints
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Finality Finality
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Political Factors Political Factors
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Post-Conviction Prosecutorial Ethics Post-Conviction Prosecutorial Ethics
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Countering Prosecutors’ Opposition to Post-Conviction Innocence Claims Countering Prosecutors’ Opposition to Post-Conviction Innocence Claims
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Putting Finality in Its Proper Place Putting Finality in Its Proper Place
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Reforming Post-Conviction Ethical Rules Reforming Post-Conviction Ethical Rules
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Taking a Fresh Look at Innocence: The Case for Prosecutorial Innocence Units Taking a Fresh Look at Innocence: The Case for Prosecutorial Innocence Units
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A Blueprint for Action: The Conviction Integrity Unit in Dallas A Blueprint for Action: The Conviction Integrity Unit in Dallas
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Changing Politics as Usual Changing Politics as Usual
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Term Limits Term Limits
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The Timing of Prosecutorial Elections The Timing of Prosecutorial Elections
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Forsaking the Elective Model Forsaking the Elective Model
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The Public Prosecutor The Public Prosecutor
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7 Prosecutorial Resistance to Post-Conviction Claims of Innocence
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Published:March 2012
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Abstract
This chapter focuses on prosecutorial resistance to post-conviction innocence claims that rely on DNA testing. It first considers the procedural hurdles in litigating post-conviction innocence claims and goes on to discuss the factors that lead some prosecutors to react with cynicism, even irrationality, to post-conviction pleas of innocence, namely: cognitive bias, resource constraints, concerns for finality, political realities, and the lack of firm ethical obligations. It then examines ways of countering prosecutors' opposition to post-conviction innocence claims, such as reforming post-conviction ethical rules. It also proposes the creation of prosecutorial innocence units that will investigate post-conviction innocence claims, similar to the Conviction Integrity Unit in the Dallas County District Attorney's Office. Finally, it offers suggestions for detaching prosecutors from political interests in the post-conviction setting.
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