Conceptions and degrees of innocence: the principles, pragmatics, and policies of the innocence movement

Abstract

ABSTRACT Over the last few decades, the innocence movement in the United States and the United Kingdom has contributed to the correction of many hundreds of mistaken convictions. Complacency about the accuracy of convictions has been displaced by ‘innocence consciousness’. The movement has highlighted underlying problems with the criminal justice process, giving impetus for reform. However, the innocence movement has traditionally had a confined focus, excluding defendants convicted of murder who actually killed accidentally, and sexual assault defendants where the complainant actually did consent. These exclusions appear to be the product of pragmatism rather than principle. They make it easier to achieve exoneration, and tell a story that is simpler and more palatable. However, these restrictions potentially create policy blind spots. The current challenge for the maturing movement is to be conscious of, and seek to overcome, these limitations.