Procedure | Resources | Sec. 8.5

Fundamentals of Procedural Law by Adam J. McKee

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Reading Assignment for Section 8.5

Read the following subsection from our online textbook: Section 8.5: Actual Innocence Claims.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll delve into the concept of actual innocence claims, focusing on cases where individuals assert factual, rather than procedural, innocence. You’ll learn about the standards of proof for these claims and the transformative role of DNA evidence and technological advancements in exonerations. By examining the societal and systemic impact of wrongful convictions, you’ll gain insight into ongoing reforms aimed at improving justice and preventing future errors.

Student Learning Outcomes for Section 8.5

  • SLO 1: Define and distinguish actual innocence claims from procedural innocence claims, emphasizing their focus on factual innocence rather than legal or procedural errors.
  • SLO 2: Explain the standards and burden of proof required for actual innocence claims, including legal thresholds such as preponderance of the evidence, clear and convincing evidence, and beyond a reasonable doubt.
  • SLO 3: Analyze the role of DNA evidence and technological advancements in supporting actual innocence claims, highlighting landmark cases like Schlup v. Delo and Herrera v. Collins.
  • SLO 4: Evaluate the societal impact of wrongful convictions and exonerations, including their effects on victims, families, and public confidence in the justice system.
  • SLO 5: Identify and assess the legal mechanisms and reforms aimed at preventing wrongful convictions, such as Conviction Integrity Units, legislative changes, and improved forensic practices.

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Slide Presentations

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Last Updated:  01/11/2025

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