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Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
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.
From award-winning investigative journalist Kyle Swenson, Good Kids, Bad City is the true story of the longest wrongful imprisonment in the United States to end in exoneration, and a critical social and political history of Cleveland, the city that convicted them. In the early 1970s, three African-American men—Wiley Bridgeman, Kwame Ajamu, and Rickey Jackson—were accused and convicted of the brutal robbery and murder of a man outside of a convenience store in Cleveland, Ohio. The prosecution’s case, which resulted in a combined 106 years in prison for the three men, rested on the more-than-questionable testimony of a pre-teen, Ed Vernon. The actual murderer was never found. Almost four decades later, Vernon recanted his testimony, and Wiley, Kwame, and Rickey were released. But while their exoneration may have ended one of American history’s most disgraceful miscarriages of justice, the corruption and decay of the city responsible for their imprisonment remain on trial. Interweaving the dramatic details of the case with Cleveland’s history—one that, to this day, is fraught with systemic discrimination and racial tension—Swenson reveals how this outrage occurred and why. Good Kids, Bad City is a work of astonishing empathy and insight: an immersive exploration of race in America, the struggling Midwest, and how lost lives can be recovered.
Author : James S. Liebman Publisher : Columbia University Press Page : 448 pages File Size : 11,55 MB Release : 2014-07-08 Category : Law ISBN : 0231167237
In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLunaÕs conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLunaÕs defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a ÒphantomÓ of DeLunaÕs imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and HernandezÕs violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.
The introduction of the Affordable Care Act in the United States, the increasing use of prescription drugs, and the alleged abuse of racial profiling by police are just some of the factors contributing to twenty-first-century social problems. The Cambridge Handbook of Social Problems offers a wide-ranging roster of the social problems currently pressing for attention and amelioration. Unlike other works in this area, it also gives great consideration to theoretical and methodological discussions. This Handbook will benefit both undergraduate and graduate students eager to understand the sociology of social problems. It is suitable for classes in social problems, current events, and social theory. Featuring the most current research, the Handbook provides an especially useful resource for sociologists and graduate students conducting research.
Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality and the evidence for it. That law and storytelling are connected is a common trope, but we know surprisingly little about the intricate role storytelling plays in criminal cases and wrongful convictions in particular. This book questions the effectiveness of the adversarial contest between prosecutor and defense as a means to arrive at the truth and argues that narrative is an important a factor in the construction of legal reality. Wrongful convictions exemplify that narrative and truth have an uncomfortable relationship. Ralph Grunewald provides a retelling and reading of well-known miscarriages of justice, including the best-known wrongful conviction in Germany. Applying a comparative perspective shows that the narrative desire as a human trait has a universal power with a persistence that transcends the regulatory and procedural setup of a given system. Narratives of Guilt and Innocence puts wrongful convictions into an interdisciplinary and comparative context and vividly demonstrates just how much the process of storytelling affects legal reality.
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that America's criminal justice system isn't foolproof. It's important to understand the causes of wrongful conviction in order to find solutions to this growing problem. Edited by one of the nation's leading legal scholars and two of her top students, this collection of essays examines critical issues, including - what American justice in the age of innocence looks like; - how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; - whether or not the legal system is doing a good enough job uncovering wrongful convictions. This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, American Justice in the Age of Innocence educates the public and helps current prisoners who are innocent contest their wrongful convictions.