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Printed from https://shop.writing.com/main/newsletters/action/archives/id/9686-Blackstones-Formulation.html
Short Stories: August 07, 2019 Issue [#9686]

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Short Stories


 This week: Blackstone's Formulation
  Edited by: Shannon Author IconMail Icon
                             More Newsletters By This Editor  Open in new Window.

Table of Contents

1. About this Newsletter
2. A Word from our Sponsor
3. Letter from the Editor
4. Editor's Picks
5. A Word from Writing.Com
6. Ask & Answer
7. Removal instructions

About This Newsletter

Welcome to the Short Stories Newsletter. I am Shannon Author IconMail Icon and I'm your editor this week.

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Letter from the editor

“It is better that ten guilty persons escape than that one innocent suffer.” ~ Sir William Blackstone



William Blackstone (10 July 1723 – 14 February 1780) was an eighteenth-century judge and politician (1). “Blackstone's Formulation [in quotes above] is often cited in criminal cases, and it's one of the cornerstones of the American legal system. English settlers in the young United States took his legal principle and used it as the basis for the legal system in their new country (2).”





Former federal prosecutor and Congressman Trey Gowdy says, “When I was in the courtroom the judge would tell the jury ‘That defendant is cloaked with a robe of righteousness, and that cloak will only be removed if the government proves every element of the offense beyond a reasonable doubt.’”

But it doesn't always work out that way. Sometimes innocent people get convicted of crimes they didn't commit, spending years behind bars while the real offender is free to offend again:

*Bullet* Malcolm Alexander spent 38 years in prison for rape, a crime he did not commit. He is The Innocence Project's longest-serving exoneree. The real offender has never been caught (3).
*Bullet* Ralph Armstrong spent 28 years behind bars for a murder he did not commit. The real offender has never been caught (4).
*Bullet* Johnny Tall Bear, convicted by eyewitness testimony alone, served 26 years for a murder he did not commit. "Eyewitness misidentification is a leading contributor to DNA-based exonerations." The real offender has never been caught (5).

And there are thousands more. “Eyewitness misidentification is the leading cause of wrongful convictions in the United States. Over 75 percent of DNA exoneration cases have involved convictions based on mistaken identification evidence. A variety of factors can affect the reliability of an identification, mainly the simple fallibility of human memory (6).”

This topic fascinates and terrifies us. Some of the best stories ever written are about people wrongfully convicted: The Shawshank Redemption, The Count of Monte Cristo, Dark Places, To Kill a Mockingbird, Atonement, The Green Mile, Papillon, The Sixteenth Round: From Number 1 Contender To 45472, The Life of David Gale, and Devil's Knot: The True Story of the West Memphis Three, just to name a few.

In a perfect world, the guilty would be charged, convicted, and sentenced, but this isn't a perfect world. The innocence project estimates that 1% of the U.S. prison population (20,000 people) are innocent (7).

What do you think? Which is worse, innocent people being locked up or guilty people not being locked up? Let your voice be heard by participating in this poll (I originally asked if 10k innocent people behind bars is worse than 10k guilty people living freely but changed the numbers to reflect Blackstone's exact quote):

 
POLL
Blackstone's Formulation Open in new Window. (E)
Which is worse: 1 innocent person in prison or 10 guilty people NOT in prison?
#2197019 by Shannon Author IconMail Icon


Have you written a story about someone who was wrongfully convicted? Has your protagonist spent time behind bars for a crime he/she didn't commit? Share your thoughts, comments, and stories with me and I will include them in next month's newsletter.

Thank you for reading.



P.S. Every registered author who shares their ideas and/or creative endeavors relating to or inspired by this week's topic will receive an exclusive trinket. I will retire this month's limited-edition trinket at 11:59 p.m. WDC time on Tuesday, September 3, 2019, when my next short stories newsletter goes live.

Sources:
1. William Blackstone  Open in new Window.
2. What Is Blackstone's Formulation in Criminal Law?  Open in new Window.
3. Malcolm Alexander  Open in new Window.
4. Ralph Armstrong  Open in new Window.
5. Johnny Edward Tall Bear  Open in new Window.
6. Causes of Wrongful Convictions  Open in new Window.
7. How Many Innocent People are in Prison?  Open in new Window.

Further Reading:
*Bullet* The Exonerated  Open in new Window.
*Bullet* The Innocence Project  Open in new Window.


A swirly signature I made using the Mutlu font and a drop shadow.
STATIC
Newsletter Archives Open in new Window. (E)
A listing of all my newsletters in one easy-to-find place.
#1555482 by Shannon Author IconMail Icon


Editor's Picks

I hope you enjoy this week's featured selections. I occasionally feature static items by members who are no longer with us; some have passed away while others simply aren't active members. Their absence doesn't render their work any less relevant, and if it fits the week's topic I will include it.

Thank you, and have a great week!


Goin' Home Open in new Window. (13+)
Two-hundred miles was all that separated him from his folks, that, and twenty years.
#718430 by esprit Author IconMail Icon


Night's Solace Open in new Window. (13+)
A (rather long) short story about a very lonely prisoner
#1184672 by Nicola Author IconMail Icon


The Visitor Open in new Window. (18+)
A Man Wakes Up In Jail To Find A Visitor In His Cell..."How are you feeling?"
#1925859 by Angus Author IconMail Icon


Interview with an Innocent Man Open in new Window. (18+)
A reporter interviews a man on death row.
#1242930 by Leger~ Author IconMail Icon


STATIC
Mistaken Identity Open in new Window. (13+)
A brother and sister find themselves embroiled in an adventure on their last day in Egypt.
#2125079 by Dee Author IconMail Icon


 
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Ask & Answer

The following is in response to "The Hero's JourneyOpen in new Window.:

*Vignette5* ~


Princess Megan Snow Rose Author IconMail Icon writes: Good book selections. Heroes can be leading men and women in romance stories. Teddy Bears, unicorns and paranormal creatures can be heroes as well. I write a lot of these. I like the concept about saying a hearty yes to an adventure. A good newsletter and writing about heroes, I will keep these concepts in mind. I enjoyed reading this. Nice call.

*Vignette5* ~


BIG BAD WOLF is Howling Author IconMail Icon writes: Sometimes the Hero isn't the Hero. Sometimes, he's the Villain. This is the case in Eve Forward's "Villains By Necessity", which I enjoy reading, where you have a number of characters, who are, well, villains normally, but it seems that the Big Good Mage has, quite literally, made sure that it's next to impossible for anyone to be evil. Problem is, the world NEEDS evil in order to exist, a fact that the forces of Good seem to be Deaf and Blind to realize, and thus the world is on the brink of destruction. Thus, this group of left-over villains has to, basically, learn how to trust each other, and work together, as they quest to save the world, and save it from Eternal Light, by releasing Evil back into it. Also, the villains are quite redeemable, and as for the so-called heroes, they ain't so nice.

*Vignette5* ~


dragonwoman Author IconMail Icon writes: I often choose female heros for my writing. Perhaps it is because I feel the male hero has had his turn and women can be fierce, brave and brazen too.

*Vignette5* ~


Quick-Quill Author IconMail Icon writes: I printed this out to keep. I love the video clips. Hero's Journey is my favorite book, next to GMC. You have made the process easily understood. The "Cliff Note" version so to speak. I used to eschew the idea one might benefit from an outline. It seemed to constricting to may panster way of writing. Since I've been writing novels, I changed my mind. I pretty much outline in bullet points. If something good pops into my mind I find the spot and write it in.

*Vignette5* ~


ForeverDreamer Author IconMail Icon writes: I have studied folklore a bit, so I know who Joseph Campbell I haven't read any of his work. This is very interesting, and could be useful. It includes almost all of the common motifs in folktales and myths. Of course, these motifs can take many forms, but have similarities across different cultures.

*Vignette5* ~


Elycia Lee ☮ Author IconMail Icon writes: Thank you for your newsletter. I’ve studied the Hero’s Journey before and I do kind of struggle because it can be quite limiting for me but your videos helped me understand it a lot better. Thank you so much. I’m currently studying ‘Save the Cat’ beat sheets. Awesome book for novel writing.

*Vignette5* ~


s Author IconMail Icon writes: The Hero's Journey is very important, but I have had some editors tell me it is overdone and they want inversions of the trope. Having been brought up with the HJ for my whole life (I'm pushing 50), it is very hard to go back and do something that does not follow and yet still make a compelling story.

I also went to a wonderful lecture just on the Hero's Journey, where the person who took it (an Australian fantasy author whose name I forget... sorry!) said you can leave out a few steps, but (she emphasised this) no more than 5 or else the audience will feel ripped off.

Thanks for a cool newsletter.

*Vignette5* ~


the Wordy Jay Author IconMail Icon writes: Another great newsletter, Shannon! *Salute* I like that you included a video version too. Thanks for the "lesson" -- it will surely come in handy when I get "stuck" on my heroes' journey.

*Vignette5* ~


ruwth Author IconMail Icon writes: As I read your newsletter about the journey of a hero, I unexpectedly found myself examining the path of my own life...

*Vignette5* ~


~Brian K Compton~ Author IconMail Icon writes: Formulas with storyboards or plot lines are really great structures to building stories. I imagine it like someone who knows how to build a house, but can you make it a very special home everyone would like to live in? We need fresh ideas and concepts to bring these formulaic concepts into future ages. Language is key as we are evolving as a race. We're not as innocent anymore. It takes a deft writer to satiate craving readers.

This was a great reminder of approach to our craft. Thanks!

*Vignette5* ~


Lilli 🧿 ☕ Author IconMail Icon writes: Awesome newsletter with loads of great info! I've printed it out and stuck it in my writer's notebook as a reference. Thank you!!!
Kindest Regards, Lilli

*Vignette5* ~


eyestar~* Author IconMail Icon writes: wow! This is a delightful and thorough summary of the Hero's Journey. I loved Reading Joseph Campbell and your choice of youtubes served to illustrate the points was insightful. In the last one I liked the relating the journey to our life as indeed we all have caves we fear to enter and when we do amazing things happen. *Delight* It was delightful to be reminded of this process. Relevant theme for us all. Thanks for your work on this.

*Vignette5* ~


Lucinda Lynx Author IconMail Icon writes: You can write! This is really interesting. Keep up the great work!

*Vignette5* ~


Goblin Slayer Author IconMail Icon writes: It's kind of neat that, when I look at the book I am writing, follows these steps all the way to the point I'm at now. I can read through the steps listed here and so far my MC and his supports have gone through some of these steps, and I don't think you mention it but the steps don't have to go in order. I noticed one or two of mine were slightly out of order, but pretty durn close! I like the article very much, I would listen and watch the videos, but my sound card just burned out, grr!

*Vignette5* ~


Lisa Noe Author IconMail Icon writes: I must say that I can truly tell that you have really researched and planned a truly wonderful newsletter that really teaches the reader something. It is so well done and you show step by step how to do it.

*Vignette5* ~


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"I would like some feedback on my use of metaphor in this story. Is this type of writing common or accepted? Thanks!"
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