Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Convicting the innocent written by Edwin Montefiore Borchard and published by Рипол Классик. This book was released on 1961 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Smoke But No Fire written by Jessica S. Henry and published by Univ of California Press. This book was released on 2021-10-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2020 Foreword INDIES Book of the Year Awards Winner, Silver (Political and Social Sciences) Winner of the Montaigne Medal, awarded to "the most thought-provoking books" The first book to explore a shocking yet all-too-common type of wrongful conviction—one that locks away innocent people for crimes that never actually happened. Rodricus Crawford was convicted and sentenced to die for the murder by suffocation of his beautiful baby boy. After years on death row, evidence confirmed what Crawford had claimed all along: he was innocent, and his son had died from an undiagnosed illness. Crawford is not alone. A full one-third of all known exonerations stem from no-crime wrongful convictions. The first book to explore this common but previously undocumented type of wrongful conviction, Smoke but No Fire tells the heartbreaking stories of innocent people convicted of crimes that simply never happened. A suicide is mislabeled a homicide. An accidental fire is mislabeled an arson. Corrupt police plant drugs on an innocent suspect. A false allegation of assault is invented to resolve a custody dispute. With this book, former New York City public defender Jessica S. Henry sheds essential light on a deeply flawed criminal justice system that allows—even encourages—these convictions to regularly occur. Smoke but No Fire promises to be eye-opening reading for legal professionals, students, activists, and the general public alike as it grapples with the chilling reality that far too many innocent people spend real years behind bars for fictional crimes.

Download or read book Wrongful Convictions and the DNA Revolution written by Daniel S. Medwed and published by Cambridge University Press. This book was released on 2017-03-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.

Download or read book Prosecution Complex written by Daniel S. Medwed and published by NYU Press. This book was released on 2013-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Edwin M Borchard Convicting the Innocent and State Indemnity for Errors of Criminal Justice written by Edwin Montefiore Borchard and published by . This book was released on 2013-08-10 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edwin M. Borchard was a pioneer in both identifying the features of the United States' legal system that contribute to the conviction of innocent persons, and advocating for their compensation when exonerated. This compilation includes Borchard's "Convicting The Innocent: Sixty-Five Actual Errors Of Criminal Justice," which was the first book published in the United States that identified key factors contributing to the conviction of innocent persons. Borchard suggested reforms to try and minimize the effect of those factors and the occurrence of a wrongful conviction. Due to the legal system's inertia and resistance to meaningful change, Borchard's analysis of the causes of wrongful convictions, and his suggested reforms, are as relevant today as when "Convicting The Innocent" was published in 1932. This compilation also includes "European Systems Of State Indemnity For Errors Of Criminal Justice," which was the first article published in the U.S. that detailed how deficient indemnification of an exonerated person is in the U.S. compared with European countries. Borchard advocated enactment of legislation that would provide adequate compensation for exonerated persons in the U.S. Borchard's premise is as relevant today as when his article was published in 1913 because the U.S. continues to lag not only European countries, but countries throughout the world in adequately indemnifying exonerated persons. Borchard's article also provides an invaluable resource for understanding the history of indemnifying a wrongful conviction in this country and Europe. Also included in this compilation is Justice Denied magazine's biographical article about Borchard when it named him as an inaugural member of its Wrongful Conviction Hall Of Honor in 2007. This compilation provides today's audience with Edwin Borchard's primary works concerning wrongful convictions. Borchard's writings continue to provide valuable insights into the causes of wrongful convictions and reforms that may help minimize their occurrence, and that the generally inadequate indemnification of exonerated persons in the U.S. has been of concern for more than 100 years.

Download or read book Barred written by Daniel S. Medwed and published by Basic Books. This book was released on 2022-09-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.

Download or read book The Innocent Man written by John Grisham and published by Anchor. This book was released on 2010-03-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NEW YORK TIMES BESTSELLER • LOOK FOR THE NETFLIX ORIGINAL DOCUMENTARY SERIES • “Both an American tragedy and [Grisham’s] strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly John Grisham’s first work of nonfiction: a true crime masterpiece that tells the story of small town justice gone terribly awry. In the Major League draft of 1971, the first player chosen from the state of Oklahoma was Ron Williamson. When he signed with the Oakland A’s, he said goodbye to his hometown of Ada and left to pursue his dreams of big league glory. Six years later he was back, his dreams broken by a bad arm and bad habits. He began to show signs of mental illness. Unable to keep a job, he moved in with his mother and slept twenty hours a day on her sofa. In 1982, a twenty-one-year-old cocktail waitress in Ada named Debra Sue Carter was raped and murdered, and for five years the police could not solve the crime. For reasons that were never clear, they suspected Ron Williamson and his friend Dennis Fritz. The two were finally arrested in 1987 and charged with capital murder. With no physical evidence, the prosecution’s case was built on junk science and the testimony of jailhouse snitches and convicts. Dennis Fritz was found guilty and given a life sentence. Ron Williamson was sent to death row. If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you. Don’t miss Framed, John Grisham’s first work of nonfiction since The Innocent Man, co-authored with Centurion Ministries founder Jim McCloskey.

Download or read book Conviction of the Innocent written by Brian L. Cutler and published by American Psychological Association (APA). This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last several decades over 250 citizens convicted of major felonies were found innocent and were exonerated. Today, thanks to the work of psychologists and other criminal justice researchers, the psychological foundations that underlie conviction of the innocent are becoming clear. There is real hope that these findings can lead to positive reforms, reduce the risk of miscarriages of justice, and avoid the consequences of wrongful convictions to victims and society. In this book, Editor Brian Cutler presents a state-of-the-field review of current psychological research on conviction of the innocent. Chapter authors investigate how the roles played by suspects, investigators, eyewitnesses, and trial witnesses and how pervasive systemic issues contribute to conspire to increase the risk of conviction of the innocent. The chapters skillfully examine psychological perspectives on such topics as police interrogations, confessions, eyewitness identification, trial procedures, juries, and forensic science, as well as broader issues such as racism and tunnel vision within the justice system. This comprehensive volume represents an important milestone for research on miscarriages of justice. By bringing psychological theories and research to bear on this social problem, the authors derive compelling recommendations for future research and practical reform in police and legal procedures.

Download or read book Actual Innocence written by Jim Dwyer and published by Doubleday Books. This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison

Download or read book Convicting the Innocent written by Donald S. Connery and published by . This book was released on 1996 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens in police interrogation? Do innocent people go to death row because it is easier to accuse them than to catch the actual criminal?

Download or read book In Doubt written by Dan Simon and published by Harvard University Press. This book was released on 2012-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book When Justice Fails written by Robert J. Norris and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wrongful convictions have become a prominent concern in state and federal systems of justice. As thousands of innocent prisoners have been freed in the United States in the past few decades, social science researchers and legal actors have produced a wealth of new insights about how and why mistakes occur and what can be done to help prevent further injustices. When Justice Fails surveys the field of innocence scholarship to offer an overview of the key research, legal, and policy issues associated with wrongful convictions. Topics include the leading sources of error, the detection and correction of miscarriages of justice, the aftermath of wrongful convictions, and more. The volume includes references to historic and contemporary instances of miscarriages of justice and presents information gleaned from media sources about the cases and related policy issues. The book is ideally suited for use in undergraduate classes which focus on wrongful convictions and the administration of justice. PowerPoint slides are available to professors upon adoption of this book. You can download a sample of the full 139-slide presentation here. If you have adopted the book for a course, contact [email protected] to request the PowerPoint slides. "The learning objectives presented in the beginning of each chapter are accomplished through a variety of ways. Importantly, regardless of a student's background, discussions are presented from so many different angles that the material is tailored to all readers. Each chapter starts with a case study, introduces new concepts, discusses the related law, and concludes with presenting policy reforms. The authors not only present the issues related to wrongful convictions but the potential solutions as well." -- Matthew R. Hassett, UNC-Pembroke "I will continue to frequently open this book and read it to make myself a better police officer and to pass on knowledge to do my part in preventing wrongful convictions." -- Earthen McEachen, Senior Capstone student at Curry College in Boston

Download or read book False Justice written by Jim Petro and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compelling and engagingly written, this book by the former Attorney General of Ohio and his wife takes the reader inside a number of actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, exposing eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful convictions sources throughout the world, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant's decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in False Justice. Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1890s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe -- and research and logic suggest -- that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty. Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. False Justice explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections. Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of False Justice we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct--both police and prosecutor and in some cases both--in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error." Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. False Justice shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony. Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve. Myth 7: It dishonors the victim to question a conviction. False Justice reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does that honor victims? Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. False Justice recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us -- everyday American citizens -- not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer.

Download or read book Picking Cotton written by Jennifer Thompson-Cannino and published by St. Martin's Press. This book was released on 2010-01-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times best selling true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years. Jennifer Thompson was raped at knifepoint by a man who broke into her apartment while she slept. She was able to escape, and eventually positively identified Ronald Cotton as her attacker. Ronald insisted that she was mistaken-- but Jennifer's positive identification was the compelling evidence that put him behind bars. After eleven years, Ronald was allowed to take a DNA test that proved his innocence. He was released, after serving more than a decade in prison for a crime he never committed. Two years later, Jennifer and Ronald met face to face-- and forged an unlikely friendship that changed both of their lives. With Picking Cotton, Jennifer and Ronald tell in their own words the harrowing details of their tragedy, and challenge our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness.

Download or read book Rectify written by Lara Bazelon and published by Beacon Press. This book was released on 2018-10-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book End of Its Rope written by Brandon Garrett and published by Harvard University Press. This book was released on 2017-09-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy