Document Type
Article
Publication Title
Southern California Law Review
Publication Date
2014
ISSN
0038-3910
Page Number
699
Keywords
wrongful convictions, adjudication process, criminal justice
Disciplines
Criminal Law | Law
Abstract
The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and wrongful sentences. Empirical evidence suggests that a hybrid inquisitorial regime would be better than the American-style adversarial system at reducing these erroneous results. This paper proposes the integration of three inquisitorial mechanisms into the American trial process, judicial control over the adjudication process, non-adversarial treatment of experts, and required unsworn testimony by the defendant and defends the proposals against constitutional and practical challenges. While other scholars have suggested borrowing from overseas, these three proposals have yet to be presented as a package. Together they could measurably enhance the accuracy of the American criminal justice system.
Recommended Citation
Christopher Slobogin,
Lessons From Inquisitorialism, 87 Southern California Law Review. 699
(2014)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/257