The Plea of Innocence: Restoring Truth to the American Justice System

The Plea of Innocence proposes a groundbreaking reform for the adversarial legal system to prevent the imprisonment of innocent people. It allows plausibly innocent people to plead innocent and require the government to search for exonerating facts, in return for waiving their right to remain silent. Tim Bakken believes that reform is long overdue and that the government should be responsible for searching for truth rather than being satisfied with due process.

Format: Hardback
Length: 256 pages
Publication date: 01 September 2022
Publisher: New York University Press

The adversarial legal system is a cornerstone of our society, designed to uphold the rule of law, ensure fairness, and protect the public. However, a concerning issue has emerged: the unjust imprisonment of potentially tens of thousands of innocent individuals.

The Plea of Innocence presents a groundbreaking reform proposal aimed at addressing this problem. Under this system, plausibly innocent people would have the right to plead innocent and demand that the government search for exonerating facts. In return, they would be required to waive their right to remain silent, speak to government agents, and participate in a search for the truth.

While the intentions of the system's participants are to convict only guilty individuals, the unfortunate reality is that innocent people are being convicted and imprisoned at an alarming rate. The privatization of defense institutions has further exacerbated this issue, as accused innocent people are often left to fend for themselves in their quest for exoneration. Public defenders, while providing essential representation for the poor, are often overwhelmed and unable to provide comprehensive defense services.

Tim Bakken, a prominent legal scholar, believes that the adversarial system, which has been in place for centuries, is long overdue for reform. He advocates for the government to take responsibility for searching for truth and exonerating facts for innocent people rather than being satisfied with the mere adherence to due process. While it may be impossible to know all the facts in every case, acquiring new information will almost always benefit an innocent person who has been accused of a crime.

The Plea of Innocence offers a promising solution to the issue of unjust imprisonment. By empowering innocent people with the right to plead innocent and requiring the government to search for exonerating facts, we can work towards a more just and equitable legal system. It is a call to action for policymakers, legal professionals, and society as a whole to prioritize the pursuit of truth and the protection of innocent lives.

Dimension: 229 x 152 (mm)
ISBN-13: 9781479817122