Guilty Before Innocent.

Many of the examples Medwed gives of innocent defendants whose release from prison was delayed or even entirely blocked by procedural technicalities are truly disturbing, not least because of what they say about both prosecutors and judges. What happens, as Medwed demonstrates repeatedly, is that judges tend to interpret otherwise established doctrines in such a way as to make it very difficult for convicted defendants to get a chance to prove their innocence, even with the aid of newly developed techniques like DNA testing. BOOKS & the ARTS WRITING IN 1923, THE PROMINENT AMERICAN JUDGE AND legal philosopher Learned Hand stated that "under our criminal procedure the accused has every advantage. [Extracted from the article]

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