Proposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison
We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people.
The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth.
While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent people are themselves responsible for finding the facts that could exonerate them. Though the poor are represented by public defenders-in fact, almost no one who is charged with a crime has enough money to pay for a complete defense-it is still accused people, not public officials, who bear the entire burden of proving their innocence.
Tim Bakken believes that reform of the three-hundred-year-old adversarial system is long overdue, and that the government should be responsible for searching for truth-exonerating facts for innocent people-rather than being satisfied with due process. While it is improbable that all the facts in any case will ever be known, the essential point is that the acquisition of facts will almost always benefit an innocent person who has been accused of a crime. Featuring compelling evidence and concrete steps for reform, The Plea of Innocence is at once sensible and revolutionary, a must-read for anyone invested in restoring truth to the justice system.
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"Featuring compelling analysis and exceptional scholarship, The Plea of Innocence illustrates how the justice system can be revised to protect innocent people from conviction. Few books could be more important or timely." - Brian Levin, California State University, San Bernardino "Worthy of full consideration by legal scholars and anyone with an interest in justice for those who are innocent." - Ros Burnett, University of Oxford "A timely and important contribution. As calls for reforming the justice system increasingly enter into the public sphere, Bakken offers a compelling path forward, one that is both possible and revolutionary." - Marvin Zalman, Wayne State University "Remarkable and convincing. The book is well-written, thoroughly researched and enjoyable to read. It is a rethinking of the criminal law that everyone involved in the criminal justice system should read and contemplate." - John Hill (The Lawyer's Daily) "We can learn much by seeing our familiar world anew, from the outside. This book uses the outsider's vantage point to good effect, mixing familiar criticisms of common law adversarial process with original ideas for procedures to address those problems. Bakken's proposals would promote accurate factfinding above competing values, such as respect for privacy and defendant autonomy, favored by current doctrine." (Criminal Law and Criminal Justice Books) "Bakken proposes an innovative device to move our courts in that direction: a "plea of innocence" from the defendant . . . . Bakken begins his advocacy for this creative device by describing the various ways that criminal procedure doctrine in the U.S. tolerates lies and secrecy . . . . [His] proposals would promote accurate factfinding above competing values, such as respect for privacy and defendant autonomy, favored by current doctrine." (Criminal Law and Justice Books) "The proposal is an interesting one . . . . provocative . . . . a number of strong claims . . . . valuable observations." (The Wrongful Conviction Law Review) "[Bakken] concludes that while it is improbable that all the facts in any case will ever be known, the acquisition of facts will almost always benefit an innocent person who has been accused of a crime." (Law and Social Inquiry)
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978-1-4798-1713-9 (9781479817139)
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Schweitzer Klassifikation
Tim Bakken is the first civilian promoted to Professor of Law at West Point, the United States Military Academy. He practiced law in New York City, including as a prosecutor in Brooklyn (Kings County District Attorney's office). His most recent book is The Cost of Loyalty: Dishonesty, Hubris, and Failure in the U.S. Military.
