Duke Law Podcast | A framework for 'Closing International Law's Innocence Gap'
In 'Closing International Law's Innocence Gap,' Duke Law Clinical Professor Jayne Huckerby, Professor Laurence Helfer, and Professor Brandon Garrett argue that now is the time to close a gap in how national criminal legal systems address post-conviction claims of factual innocence. They build a substantive case for recognizing a new international human right and detail the advantages of doing such, offering derivative and freestanding approaches, as well as a framework for adapting the right to national models.
Speakers:
- Duke Law Professor Laurence Helfer https://law.duke.edu/fac/helfer/
- Duke Law Professor Brandon Garrett https://law.duke.edu/fac/garrett/
- Duke Law Clinical Professor Jayne Huckerby https://law.duke.edu/fac/huckerby/
Timestamps:
0:00 Introduction
2:54 Driving the shift in innocence claims, and how courts are responding
6:19 International law on the right to claim innocence
10:58 Benefits of a right to claim innocence under international law
17:40 Key obstacles to establishing a right to claim innocence under international law
24:48 What would this new right look like in practice?
29:20 Final thoughts on this new right
'Closing International Law's Innocence Gap'
- Read & download: https://scholarship.law.duke.edu/faculty_scholarship/4118/
Read a full transcript at http://bit.ly/42KpuVx.
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