Convicting the Innocent
Convicting the Innocent

Author: Brandon L. Garrett

Publisher: Harvard University Press

Published: 2011-08-04

Total Pages: 376

ISBN-13: 0674060989

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On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

Punishment Without Crime
Punishment Without Crime

Author: Alexandra Natapoff

Publisher: Basic Books

Published: 2018-12-31

Total Pages: 320

ISBN-13: 0465093809

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A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Not Guilty
Not Guilty

Author: Daniel Givelber

Publisher: NYU Press

Published: 2012-06-11

Total Pages: 228

ISBN-13: 0814732178

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“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

Innocent Victims
Innocent Victims

Author: Scott Whisnant

Publisher: Onyx Books

Published: 1993

Total Pages: 0

ISBN-13: 9780451403575

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The gripping account of a heinous crime--and a mystery that has never been solved. When Kathryn Eastburn and her children were found stabbed to death, the brutal crime scene in Fort Bragg, N.C., seemed all too familiar. A suspect was arrested and convicted, but acquitted after spending three years on Death Row. Were the murders inspired by the infamous Fatal Vision case? Photos.

Convicted but Innocent
Convicted but Innocent

Author: C. Ronald Huff

Publisher: SAGE Publications

Published: 1996-01-23

Total Pages: 205

ISBN-13: 1452221170

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Addressing the specific issues surrounding wrongful convictions and their implications for society, Convicted but Innocent includes: survey data concerning the possible magnitude of the problem and its causes; fascinating actual case samples; detailed analyses of the major factors associated with wrongful conviction; discussion of public policy implications; and recommendations for reducing the occurrence of such convictions. The authors maintain that while no system of justice can be perfect, a focus on preventable errors can substantially reduce the number of current conviction injustices.

You Have the Right to Remain Innocent
You Have the Right to Remain Innocent

Author: James J. Duane

Publisher: Little a

Published: 2016

Total Pages: 0

ISBN-13: 9781503933392

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An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.

The Innocent and the Criminal Justice System
The Innocent and the Criminal Justice System

Author: Michael Naughton

Publisher: Bloomsbury Publishing

Published: 2013-06-11

Total Pages: 329

ISBN-13: 135030610X

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The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice to tackle these questions and more in this critical sociological examination of innocence and wrongful conviction. This book: - Is the first book of its kind to cover wrong convictions, from definition and causation to the limits of redress - Provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations - Discusses ideas and challenges that are highly relevant to current political and social debates Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.

Until Proven Innocent
Until Proven Innocent

Author: Arthur Jay Harris

Publisher: Arthur Jay Harris

Published: 2013-09-06

Total Pages: 273

ISBN-13: 1484092449

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Three years into the investigation of a horrific homicide case, a suburban home invasion murder of a wife and mother and point-blank shootings of her infant, husband, and father-in-law, the prosecutor slowly realizes that he and the police have been totally wrong about one of his capital murder defendants and reverses course. A former New York City cop whose exploits inspired TV's Kojak has come out of retirement to solve a baffling murder mystery. Super-sleuth Thomas Cavanagh, 79, cleared the prime suspect in the case -- and fingered the real suspect. Cavanagh was sunning himself by the pool at his Florida home when his son Brian, a prosecutor in Fort Lauderdale, called. "Dad, I have a problem with this case," Brian said. "What should I do?" --Globe Magazine UNTIL PROVEN INNOCENT begins with a night 911 call from a woman gasping her last breaths. When police arrived at the house they found her dead, stabbed, and her husband, infant, and father-in-law all shot point-blank. They would survive. Minutes later, a man also called 911, a gunman had released him from a robbery at the same house. He said he knew of no violence before he left. Yet he was the only one who the gunman hadn't tried to kill. Police instantly suspected him. That night and long after, police tried to shake the man, Chuck Panoyan, who insisted he didn't know who the gunman was. Police guessed right. A tip led them to the gunman, and that led to a cross-country trip Panoyan took to see him. Both were arrested, and prosecutor Brian Cavanagh won a death penalty indictment against them both. But in pretrial, Panoyan's attorneys unraveled Cavanagh's case against their client. No longer certain Panoyan was guilty, Cavanagh reached No Man's Land: his choice was to let the jury sort it out, or admit he was wrong about Panoyan for now three years. Cavanagh's dad Tom was a retired NYPD lieutenant who'd had a double murder he couldn't solve, then at another precinct a suspect confessed. Tom recognized it had been coerced and quietly asked his detectives if they could prove it wrong. When they did, the case became famous for police integrity. A TV movie and series renamed Tom's character: Kojak. Years later, son Brian was at a similar turning point, but Panoyan wouldn't open up to him. Who was the only one could make Panoyan comfortable enough to talk? The old man, the real-life Kojak, Tom Cavanagh.

Presumed Guilty
Presumed Guilty

Author: Martin D. Yant

Publisher: Prometheus Books

Published: 2009-12-30

Total Pages: 240

ISBN-13: 1615925686

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The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.