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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 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
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.
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.
This volume addresses issues of law, science, and policy related to wrongful convictions in the American system of justice. Coverage includes the incidence, correlates, causes, and consequences of wrongful convictions, as well as recommended reforms. The materials are organized in the form of a casebook, comprising edited judicial decisions and complementary materials from law, psychology, criminal justice, and related disciplines. "Wrongful convictions are tragedies on multiple levels. By understanding how they occur, however, we can learn how to prevent them -- and better identify those that exist. This text is a valuable resource for anyone interested in advancing justice and safety through our systems of criminal justice."-- Stephen Saloom, Policy Director, Innocence Project "The ice has finally been broken. Acker and Redlich's Wrongful Conviction is the first casebook dedicated solely to the subject of wrongful convictions. It has set a high standard of excellence that will be a tough act to follow. Not only will this well-organized and easy-to-read casebook appeal to law professors who teach seminars in such subjects as wrongful convictions, criminal procedure, and psychology and the law, but it should also appeal to undergraduate professors who teach students interested in careers in law and criminal justice."-- Steven A. Drizin, Clinical Professor of Law and Legal Director of the Center on Wrongful Convictions, Northwestern University School of Law "This book sets out an important and accessible track of study. Starting with the question of what is a wrongful conviction, the authors also explain the basic features of the criminal process and evidence law, and introduce contributions from the social sciences to help our understanding of sources of error. That journey will engage all interested in understanding what can cause wrongful convictions and what can improve the quality of criminal justice."-- Brandon L. Garrett, Professor of Law, University of Virginia School of Law "Acker and Redlich provide a current and comprehensive analysis of the legal procedures and standards that produce and resolve wrongful criminal convictions. Their presentation is part handbook for lawyers, part history lesson for scholars, and part quest for policy reforms. Their coverage is engaging and broad: from false confessions and faulty eyewitness identification, to flawed forensic evidence and, ultimately, compensation for those who are exonerated. I urge all defense attorneys to read and use this book; and I beg all prosecutors to do the same. Professors around the country: assign this book to all of your students!" -- Kimberly J. Cook, Professor of Sociology and Criminology, University of North Carolina Wilmington "Acker and Redlich have succeeded admirably in achieving their goals of selecting watershed and little-known, but important cases that define and illustrate the focal issues in each area of wrongful conviction and in discussing the results of relevant social science research and their policy implications. The notes and questions following each section are excellent. The notes provide supplemental material in a condensed fashion and the questions prompt thoughtful dialogue and encourage further study. ... an outstanding scholarly contribution to the field of wrongful conviction." -- Criminal Law Bulletin "An excellent book ... It should also be on the shelf of every scholar interested in wrongful convictions, as it provides a wealth of important materials." -- Criminal Justice Review
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.
This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison
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.