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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.
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.
This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general—all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.
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.
The evidence that people are wrongly convicted in the American criminal justice system has been growing and is arguably a systemic problem. Westervelt and Humphrey (both in sociology, U. of North Carolina) present 14 essays that explore the causes and social characteristics of wrongful convictions, while also offering case studies and discussions of solutions to the problem. Among the topics explored are the role of informants, the reasons behind false confessions, police misconduct, racial bias , the effectiveness of counsel, and the death penalty. Annotation copyrighted by Book News Inc., Portland, OR
Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.
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.
Author : John A. Humphrey Publisher : Charles C Thomas Publisher Page : 263 pages File Size : 50,92 MB Release : 2018-01-04 Category : Law ISBN : 0398092060
The magnitude of wrongful conviction is increasing across the country and around the world, with individuals arrested, convicted, and incarcerated for extended periods of time. This book provides an understanding of legal remedies, organizational reforms, and policy changes that have been proposed and implemented. In various jurisdictions, these procedures reduce the likelihood of a wrongful conviction. Legal and organizational reforms and changes in criminal justice policy are considered at three key junctures of the process: (1) the investigation, evidence gathering, and forensic analysis, (2) prosecutorial decision-making, and (3) the judicial review and exoneration of a wrongfully convicted defendant. Each chapter opens with a wrongful case vignette that illustrates the reform strategies being considered. The investigatory process is studied on each case, and the police process is analyzed in detail. Part 1 includes the introductory chapter that provides an overview of wrongful convictions, and the investigatory process routinely employed to gather evidence and identify a suspect. The analysis of forensic evidence is explored, including the chain of custody, contamination of the evidence, misinterpretation, and the falsification of forensic reports. Part 2 focuses on the prosecutors, defense attorneys, judges and juries. Plea bargaining strategies, coaching witnesses, violations of the rules of discovery, use of jailhouse snitches, inadequate defense counseling, lack of preparation and adequate resources are examined. Part 3 analyzes the processes involved in the reversal of wrongful convictions, the judicial review, and obstacles encountered in the exoneration process. In addition, the authors provide a thorough analytical overview of the criminal justice processes involved in wrongful conviction and the reforms that are needed to prevent and reverse injustices. This book is an invaluable resource for prosecutors, defense attorneys, judges, advocates for the wrongfully convicted, criminal justice policymakers, law and society, and will contribute to academic courses in the fields of criminology and justice.
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
¿This book will be the definitive scholarly reference on this topic and a must-read for anyone interested in miscarriages of justice. Essential.¿ ¿Choice ¿A good choice for academic collections and public libraries where social issues are of interest.¿ ¿Rebecca Vnuk, Booklist ¿Insightful and well-researched.... an important contribution. Free and Ruesink¿s approach provides much needed context for the large number of wrongful conviction cases involving African Americans.¿ ¿Shaun Gabbidon, Pennsylvania State University Harrisburg In this investigation of some 350 wrongful convictions of African American men, Marvin Free and Mitch Ruesink critically examine how issues of race undercut the larger goals of our criminal justice system. Free and Ruesink expand the focus of wrongful conviction studies to include not only homicide, but also sexual assault, drug dealing, and nonviolent crime. Their careful analysis reveals that black men accused of crimes against white victims account for a disproportionate number of wrongful convictions. They also uncover other disturbing failings on the part of prosecutors, police, witnesses, and informants. Highlighting the systemic role of race, the authors challenge us to move past the ¿just a few bad apples¿ explanation and to instead examine what it is about our criminal justice system that allows the innocent to be judged guilty. Marvin D. Free, Jr., is professor of sociology at the University of Wisconsin¿Whitewater. He is coauthor of Crime, Justice, and Society and editor of Racial Issues in Criminal Justice: The Case of African Americans. Mitch Ruesink teaches psychology at Waukesha County Technical College.