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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.
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
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.
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
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.
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.
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.
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.
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.
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.