Remedies In The Great Gatsby

In chapter 13 of Examining Wrongful Conviction: Stepping Back, Moving Forward; Judicial Review: Appeals and Post-Conviction proceeding’s, our Nancy J. King examines the forms of major judicial review after conviction and how they provide “at best an incomplete remedy for individuals convicted of crimes they did not commit.” (Pg. ???). Consequently, king examines why these incomplete solutions, that where put in place in order to prevent individuals convicted of crimes they did not commit, where unsuccessful in resulting to the exoneration of those already exonerated by DNA or any other possible exonerating evidence. For instance, in a ground breaking study, Professor Brandon Garrett (2011) assessed whether and how judicial remedies helped …show more content…
Instead, appeals and post-conviction remedies were put in place to ensure that police, lawyers and judges follow the legal rules during investigation. King suggest that the judicial remedies where not essentially designed to help or protect the wrongful convicted because judicial reviews correct process errors, not factual errors. The text suggests, as a result of the appellate judge’s inability to consider any evidence other than whatever is already in the trial record, limits the chances the defendants has to prove his or her innocence. As appose to post convictions hearing that are held in trial courts, where new evidence is allowed, appellate courts don’t have the luxury to present evidence to undermine witnesses or present newly found evidence. By limiting a judicial review to only enforcing rules of procedure, it becomes useless to defendant with new evidence of innocence. The example offered by king, a defendant who is convicted on the basis of science that was valid at the time but was later discredited by new science is unable to point at any error at trial is unable to ask for a new

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