Abstract
It is clear today that there is a significant phenomenon of wrongful convictions. Since safety theory and safety measures are not developed in the criminal justice system, we have to learn it from other areas, where modern safety is common practice, such as aviation, transportation and engineering. The article proposes some general principles for modern safety from false convictions, based on principles guiding other areas, as well as specific modern safety methods that can and should be applied in the criminal justice system, including: Establishing a “Safety in the Criminal Justice System Institute”; Enforcing accident (false convictions) and incident reporting duties; Developing education, training and a culture of safety; Applying “Identify-Analyze-Control” using the innovative STAMP safety model (“System-Theoretic Accident Model and Processes”); Creating redundancy; and Conducting an ongoing process of improvement. The high rate of false convictions is not an inevitable fate.
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Boaz Sangero, Sapir Academic College, 122 Ben Gurion St., Ramat Gan, Israel; College of law & Business, 26 Ben Gurion St, Ramat Gan, Israel. Email: sangero@mail.sapir.ac.il
Professor of Law, Sapir Academic College, Israel; and College of Law & Business, Israel. I thank Prof. Rinat Kitai-Sangero for her tremendous help in all the stages of the writing. I also thank Justice Prof. Alex Stein, Prof. Alon Harel, Dr. Daniel Hartmann, Professor Nancy Leveson, Dana Rothman-Meshulam, Adv. James M. Doyle, Jayden Kitai-Sangero and the participants of the law school seminar in Sapir Academic College for their helpful comments on different drafts of this article.
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Sangero, B. Safe Convictions. Crim Law Forum 30, 375–424 (2019). https://doi.org/10.1007/s10609-019-09379-5
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DOI: https://doi.org/10.1007/s10609-019-09379-5