Monthly archives: November, 2010

Actual Innocence and Freestanding Claims for Relief

Ken Strutin has written extensively for LLRX.com on criminal law issues. He argues that false confessions, bad eyewitness identifications, and faulty forensics, among other problems, have shown that seemingly iron clad adjudications can reach the wrong result. A ‘guilty’ verdict only indicates that the government has proven beyond a reasonable doubt that the defendant committed each and every element of the crime, and not that the defendant actually committed the crime. A freestanding claim of actual innocence is a potentially powerful tool to assail a verdict that points to the wrong person. Still, courts have made only small gains in recognizing actual innocence generally as a basis for contesting a wrongful conviction. This article collects selected scholarship on “actual innocence” and litigating post-conviction claims that go beyond the procedural metrics of the trial process.

Subjects: Criminal Law, Features, Legal Research

The FDsys: the new GPO Access

“GPO Access will be going away soon as the U.S. Government Printing Office rolls out the Federal Digital System (FDsys), an advanced digital system that will enable GPO to manage Government information from all three branches of the U.S. Government. Learn about the new system and its features, what content is available through it, and search strategies. Not only is FDsys a powerful tool for the public to access online, authoritative Federal information, but it also serves as a preservation repository for the content and a content management system for Federal agencies.”

Subjects: Government Resources

FOIA Facts: High Profile FOIA Requests

Scott A. Hodes comments on recent reports that the Department of Homeland Security (DHS) added a new layer of scrutiny for FOIA requests that came from what it considered high profile groups (basically political non-profits and media organizations). The argument is that this review did or could potentially deny these requesters material they should receive and these denials (or potential denials) were only for political purposes.

Subjects: FOIA Facts