The question in the title may seem straightforward, but the criminal justice system treats it as complicated. The Constitution affords a panoply of procedural rights to criminal defendants, ranging from the right to trial by jury to the right to confront one’s accusers and the right against self-incrimination. A unifying principle behind these entitlements is an aversion to convicting and punishing innocent people. But suppose all of those procedural rights are followed, and an innocent defendant is still convicted. Shouldn’t that innocent person be released?