post-conviction relief · claim
Actual innocence refers to a legal claim that a person did not commit the crime for which they have been convicted. This concept goes beyond procedural flaws and focuses on the factual innocence of the individual, often requiring new evidence to substantiate the claim.
The claimant must present new evidence that was not available during the original trial.
What to prove: It must be established that the new evidence significantly undermines the integrity of the conviction.
The claimant must demonstrate that, based on the new evidence, they are actually innocent of the charged offense.
What to prove: The proof must show that no reasonable juror would convict the claimant based on the totality of the evidence, including the new evidence.
The burden of proof lies with the claimant, typically requiring a preponderance of the evidence standard for post-conviction claims.
You may encounter actual innocence claims in essay questions, focusing on the implications of new evidence and the standard of proof required to overturn a conviction.