Reinventing the Trial: The Innocence Revolution and Proposals to Modify the American Criminal Trial

Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pretrial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects.

This Article describes, compares, and critically analyzes the articles; suggests additional truth-enhancing procedural reforms; and provides a platform for further analysis.