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Vol 23 No 5 May/June 2018

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Safety from False Convictions

Publication abandoned lge

ISBN13: 9780199988020
Published: September 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned

Safety from False Convictions is the first book to develop a comprehensive modern safety theory for the criminal justice system, akin to safety mechanisms broadly accepted in space, aviation, engineering, transportation, and other areas.

In this book, Professor Sangero identifies the criminal justice system as a "Safety-Critical System", an area that deals with matters of life and death, and where any error is likely to cause grave and irreparable harm to both the individual and society. This book expands on Professor Sangero's seminal article A Safety Doctrine for the Criminal Justice System (with co-author Mordechai Halpert), to develop a modern safety theory and explore ways to reduce the incidence of false convictions in the criminal justice system.

Safety from False Convictions explains why implementing safety in criminal law is necessary, both morally and economically, and provides specific safety rules for certain types of evidence and criminal law procedures. Professor Sangero's specific proposals include a blueprint for implementing the crucial "Identify-Analyze-Control" method that uses Nancy Leveson's STAMP ("System-Theoretic Accident Model and Processes"). He also formulates safety rules for inculpatory evidence and criminal procedures.

Publication abandoned lge
Criminal Law, Police and Public Order Law

I. The Need for Safety in the Criminal Justice System
1. General
2. False Convictions Do Occur and at an Unrecognized High Rate
3. The Moral Duty to Adopt Safety Measures in the Criminal Justice System
4. Economic Justification for Investing in Safety in the Criminal Justice System
5. Possible Objections
6. Summary

II. Fundamentals of Modern System-Safety
1. The History of System-Safety
2. Basic Definitions
3. System Safety Process: Identify, Analyze, Control
4. Risk Assessment
5. Fundamental Safety Concepts
6. Common Methods of System Safety
7. Redundancy
8. The Duty to Report Accidents and Incidents (Near Accidents)
9. System Safety Engineering versus "Black-Box" Testing
10. Safety in Medical Diagnostic Devices
11. STAMP: "System-Theoretic Accident Model and Processes"
12. Summary

III. Safety in the Criminal Justice System - General Principles
1. General
2. Defining Safety in the Criminal Justice System
3. The Hidden Accidents Principle in Criminal Law
4. Why a Single Piece of Evidence Should Not Be Sufficient for a Conviction: Bayes' Theorem and Medical Diagnostics
5. Adjusting the Beyond-a-Reasonable-Doubt Standard to a Safety Doctrine
6. Neutralizing the Conception of the Suspect's Guilt: Insights from Psychology
7. Pursuing the Ultimate Goal of Gathering and Submitting Accurate Evidence
8. Starting with "Fly-Fix-Fly"

IV. Applying Modern Safety in the Criminal Justice System
1. General
2. Establishment of a Safety in the Criminal Justice System Institute (SCJSI)
3. Accidents (False Convictions) and Incidents Reporting Duty
4. Safety Education and Training and a Culture of Safety
5. Identify-Analyze-Control in the Criminal Justice System
6. An Ongoing Process of Improvement
7. Redundancy
8. Summary

V. Safety in Specific Types of Evidence
1. General
2. UnSafety in Forensic Sciences Evidence
3. Safety Measures
4. Confessions

5. Eyewitness Identification
VI. Safety in Criminal Procedures
1. General
2. Police and Prosecution Negligence and Misconduct
3. Plea Bargains
4. Post-Conviction Proceedings