Actual innocence

Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice.^[1]^[2]

^ 23 A.L.R. Fed. 2d 93 (2007) ("Although initial Supreme Court cases addressing what constitutes a fundamental miscarriage of justice differ as to the standard, the Court ultimately determined that a fundamental miscarriage of justice allowing habeas review of a procedurally barred challenge to a conviction exists if the petitioner can demonstrate "actual innocence," that is, that in light of new reliable evidence, it is more likely than not that no reasonable juror would have found petitioner guilty beyond a reasonable doubt.")
^ See generally United States v. Olano, 507 U.S. 725, 736 (1993) ("In our collateral review jurisprudence, the term 'miscarriage of justice' means that the defendant is actually innocent.... The court of appeals should no doubt correct a plain forfeited error that causes the conviction or sentencing of an actually innocent defendant....") (citations omitted); Henderson v. United States, 568 U.S. 266 (2013); Davis v. United States, 417 U.S. 333, 346-47 (1974) ("There can be no room for doubt that such a circumstance 'inherently results in a complete miscarriage of justice' and 'present[s] exceptional circumstances' that justify collateral relief ....").