Overturning Wrongful Convictions

Overturning Wrongful Convictions

Author: Elizabeth A. Murray, PhD

Publisher: Twenty-First Century Books

Published: 2015-01-01

Total Pages: 124

ISBN-13: 1467763071

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Imagine being convicted of a crime you didn't commit and spending years behind bars. Since 1989 more than 1,400 Americans who experienced this injustice have been exonerated. Some of the people who have won their freedom include Ronald Cotton, who was falsely convicted of raping a college student; Nicole Harris, who was unjustly imprisoned for the death of her son; and intellectually disabled Earl Washington Jr., who was unfairly sentenced to death for the rape and murder of a young mother. Wrongful convictions shatter lives and harm society by allowing real perpetrators to potentially commit additional crimes. How can such injustices happen? Overturning Wrongful Convictions recounts stories of individuals who served someone else's prison time due to mistaken eyewitness identification, police misconduct, faulty forensic science, poor legal representation, courtroom mistakes, and other factors. You'll learn about the legal processes that can lead to unjust convictions and about the Innocence Project and other organizations dedicated to righting these wrongs. The sciences—including psychology, criminology, police science, and forensic science—work hand in hand with the legal system to prosecute and punish those people whose actions break laws. Those same sciences can also be used to free people who have been wrongfully convicted. As a society, can we learn from past mistakes to avoid more unjust convictions?


The Wrongful Convictions Reader

The Wrongful Convictions Reader

Author: Russell D. Covey

Publisher: Carolina Academic Press LLC

Published: 2022

Total Pages: 0

ISBN-13: 9781531023874

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Fueled by more than 2,000 exonerations of wrongfully convicted men and women, the "innocence revolution" has shaken the criminal justice system to its core. By gathering the leading research, law, and policy analysis into one volume, The Wrongful Convictions Reader explores the core contributing factors to wrongful convictions: false confessions, witness misidentifications, cognitive bias, junk science, police and prosecutorial misconduct, racial bias, and ineffective assistance of counsel. The second edition provides an expanded treatment of certain critical topics. The reader now includes an entire chapter devoted to race and wrongful convictions and provides expanded treatment of the intersections between gender, sexual orientation, and disability and wrongful conviction. The addition of these topics in expanded form creates new options for instructors to explore timely topics in the field of compelling concern to many contemporary students. As before, the book remains more than a mere 'reader' of literature in the field, but rather a book that can serve as the principal text in doctrinal as well as experiential courses. Each chapter is divided into three sections that include: readings, current law overview--which summarizes the key cases in the area; and legal materials, exercises, and media--which provides relevant experiential activities. Examples from the legal materials, exercises, and media sections includes: Recommended listening and viewing: timed excerpts from podcast episodes, films, and television clips; Oral advocacy exercises: mock bail arguments, parole hearings, testimony before the state legislature, presentations to the state rules committee, appellate oral arguments; Written advocacy exercises: practice motions and comparing state statutes; Issue spotting exercises: transcripts from interrogations and in-court testimony; Review: reflective essays, short answer questions, and true/false questions; Team exercises: plea negotiations; Discussion prompts; and Actual wrongful conviction case documents.


Examining Wrongful Convictions

Examining Wrongful Convictions

Author: Allison D. Redlich

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781611632521

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In Examining Wrongful Convictions: Stepping Back, Moving Forward, the premise is that much can be learned by "stepping back" from the focus on the direct causes of wrongful convictions and examining criminal justice systems, and the sociopolitical environments in which they operate. Expert scholars examine the underlying individual, systemic, and social or structural conditions that may help precipitate and sustain wrongful convictions, thereby "moving forward" the related scholarship.


The Psychology and Sociology of Wrongful Convictions

The Psychology and Sociology of Wrongful Convictions

Author: Wendy J Koen

Publisher: Academic Press

Published: 2018-06-26

Total Pages: 406

ISBN-13: 0128027029

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Wrongful convictions are the result of faulty or false scientific evidence in 50% of the cases. Defense counsel is often at a great disadvantage in defending against evidence based on science. Illusory Evidence: The Psychology and Sociology of Wrongful Convictions is written for the non-scientist, to make complicated scientific information clear and concise enough for attorneys and judges to master. This is obtained by providing case studies to simplify issues in forensic psychology for the legal professional. - Increases the courts' knowledge about areas of psychology that have been debunked, have advanced, or have been refined by the scientific community - Covers issues in psychological forensics, namely: Profiling, Psychological Defenses, Mitigation, Eyewitness Testimony/Identification, Child Testimony, Repressed Memories, False Confessions and Moral Panic - Trains prosecuting attorneys about the present state of the forensic psychology, to avoid relying only on legal precedent and will not present flawed science to the court - Provides defense attorneys the knowledge necessary to competently defend where forensic psychology plays a part in a prosecution - Arms innocence projects and appellate attorneys with the latest information to challenge convictions - Uses case studies to simplify issues in forensic psychology for the legal professional


Understanding Wrongful Conviction

Understanding Wrongful Conviction

Author: Robert J. Ramsey

Publisher:

Published: 2018-12-31

Total Pages: 214

ISBN-13: 9781516597567

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Understanding Wrongful Conviction: How Innocent People Are Convicted of Crimes They Did Not Commit identifies and discusses breakdowns in the criminal justice system that can have profoundly negative effects on individuals operating within or who are subjects of the system. The text also explores what can be done to successfully reduce the incidence of wrongful conviction. The opening chapter defines wrongful conviction, explains the importance of its study, and provides readers with context as to how often it happens within the American criminal justice system. Readers are provided with an overview of the history of wrongful conviction and the innocence movement. They read chapters that describe how errors and misconduct related to eyewitness testimony, forensic science, false confessions, false accusations, police error, prosecutorial error, and defense attorney error can lead to wrongful convictions. The final chapters address the aftereffects of wrongful conviction and what can be done to reduce instances of wrongful conviction. Providing readers with a unique and critical perspective, Understanding Wrongful Conviction is an ideal resource for courses and programs in criminal justice. Robert J. Ramsey, Ph.D. is an associate professor of criminal justice at Indiana University East, where he directed the Criminal Justice Program for 10 years. He holds a B.S. in political science from Miami University and a M.S. and Ph.D. in criminal justice from the University of Cincinnati. Dr. Ramsey has published articles and book chapters on the topic of wrongful conviction in Forensic Science, Crime and Delinquency, Journal of the Institute of Justice and International Studies, and Criminal Justice, and has spoken at numerous professional conferences about wrongful conviction. His professional research interests include wrongful conviction, community corrections and restorative justice, faith-based correctional interventions, reentry, and Judeo-Christian bases of the law.


Wrongful Convictions

Wrongful Convictions

Author: Justin Brooks

Publisher: Vandeplas Pub.

Published: 2018-07-03

Total Pages: 698

ISBN-13: 9781600422980

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Wrongful Convictions: Cases and Materials is the first legal textbook to explore the complex and fascinating legal and scientific issues involved in wrongful convictions and the exoneration of the innocent. This exciting area of the law is developing at a rapid pace as we learn more about the causes of wrongful conviction with each exoneration. The book is designed to teach about procedure related to the cases, as well as give a broad overview of the causes of wrongful convictions including false eyewitness testimony, false confessions, ineffective assistance of counsel, police and prosecutorial misconduct, and false forensic evidence. In this third edition, there have been significant updates to the cases and statutes from the previous edition, including expanded notes at the end of the chapters, as well as additional chapters on infant deaths, sex crimes against children, and arson.


The Innocence Commission

The Innocence Commission

Author: Jon B. Gould

Publisher: NYU Press

Published: 2009-11

Total Pages: 360

ISBN-13: 0814732267

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Beyond Exonerating the Innocent: Author on WAMU Radio Convicted Yet Innocent: The Legal Times Review Choice Outstanding Academic Title for 2008 DNA testing and advances in forensic science have shaken the foundations of the U.S. criminal justice system. One of the most visible results is the exoneration of inmates who were wrongly convicted and incarcerated, many of them sentenced to death for crimes they did not commit. This has caused a quandary for many states: how can claims of innocence be properly investigated and how can innocent inmates be reliably distinguished from the guilty? In answer, some states have created “innocence commissions” to establish policies and provide legal assistance to the improperly imprisoned. The Innocence Commission describes the creation and first years of the Innocence Commission for Virginia (ICVA), the second innocence commission in the nation and the first to conduct a systematic inquiry into all cases of wrongful conviction. Written by Jon B. Gould, the Chair of the ICVA, who is a professor of justice studies and an attorney, the author focuses on twelve wrongful conviction cases to show how and why wrongful convictions occur, what steps legal and state advocates took to investigate the convictions, how these prisoners were ultimately freed, and what lessons can be learned from their experiences. Gould recounts how a small band of attorneys and other advocates — in Virginia and around the country — have fought wrongful convictions in court, advanced the subject of wrongful convictions in the media, and sought to remedy the issue of wrongful convictions in the political arena. He makes a strong case for the need for Innocence Commissions in every state, showing that not only do Innocence Commissions help to identify weaknesses in the criminal justice system and offer workable improvements, but also protect society by helping to ensure that actual perpetrators are expeditiously identified, arrested, and brought to trial. Everyone has an interest in preventing wrongful convictions, from police officers and prosecutors, who seek the latest and best investigative techniques, to taxpayers, who want an efficient criminal justice system, to suspects who are erroneously pursued and sometimes convicted. Free of legal jargon and written for a general audience, The Innocence Commission is instructive, informative, and highly compelling reading.


TIME Innocent

TIME Innocent

Author: The Editors of Time

Publisher: Time Inc. Books

Published: 2017-02-17

Total Pages: 193

ISBN-13: 1683300394

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TIME looks at those wrongfully convicted, and the fight to set them free.


Rectify

Rectify

Author: Lara Bazelon

Publisher: Beacon Press

Published: 2018-10-16

Total Pages: 250

ISBN-13: 0807029173

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A powerful argument for adopting a model of restorative justice as part of the Innocence Movement—so exonerees, crime victims, and their communities can come together to heal In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.


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.