Prosecuted Innocence
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| Author | : Brandon L. Garrett |
| Publisher | : Harvard University Press |
| Total Pages | : 376 |
| Release | : 2011-08-04 |
| Genre | : Art |
| ISBN | : 0674060989 |
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.
| Author | : Jim Dwyer |
| Publisher | : Doubleday Books |
| Total Pages | : 314 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 038549341X |
Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison
| Author | : Kreig Vens |
| Publisher | : iUniverse |
| Total Pages | : 296 |
| Release | : 2003-11 |
| Genre | : Fiction |
| ISBN | : 0595301479 |
Trystin Brock is a gifted swimmer who has everything going for him. The first sophomore ever appointed as Captain of Lincoln Memorial High School's swim team, with a girlfriend in college, he was the envy of his classmates. What could possibly go wrong? Twenty-eight years in a maximum-security prison, that's what went wrong! A prosecutor with an agenda, a narcissistic judge, and corrupt politicians circumvent "Innocent until proven guilty..." forcing Trystin into a legal-political quagmire, where he fights for his freedom, his sanity, and his life.
| Author | : Daniel S. Medwed |
| Publisher | : NYU Press |
| Total Pages | : 240 |
| Release | : 2013-11 |
| Genre | : Law |
| ISBN | : 1479893080 |
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.
| Author | : Valena Beety |
| Publisher | : Citadel |
| Total Pages | : 354 |
| Release | : 2022-05-31 |
| Genre | : Law |
| ISBN | : 0806541512 |
Working with the Innocence Movement and Leigh Stubbs-a woman denied a fair trial largely due to her sexual orientation-a former federal prosecutor weaves Leigh's story through the broader story of a broken criminal system.
| Author | : Kristin Henning |
| Publisher | : Vintage |
| Total Pages | : 513 |
| Release | : 2021-09-28 |
| Genre | : Social Science |
| ISBN | : 1524748919 |
A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
| Author | : Jon B. Gould |
| Publisher | : NYU Press |
| Total Pages | : 360 |
| Release | : 2009-11 |
| Genre | : History |
| ISBN | : 0814732267 |
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.
| Author | : Anthony Gray |
| Publisher | : Lexington Books |
| Total Pages | : 209 |
| Release | : 2017-11-08 |
| Genre | : Political Science |
| ISBN | : 1498554113 |
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
| Author | : Jim McCloskey |
| Publisher | : Anchor |
| Total Pages | : 320 |
| Release | : 2020-07-14 |
| Genre | : Biography & Autobiography |
| ISBN | : 0385545045 |
“A riveting and infuriating examination of criminal prosecutions, revealing how easy it is to convict the wrong person and how nearly impossible it is to undo the error.” —Washington Post "No one has illuminated this problem more thoughtfully and persistently." —Bryan Stevenson, author of Just Mercy Jim McCloskey was at a midlife crossroads when he met the man who would change his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment, in 1980, was as a chaplain at Trenton State Prison. Among the inmates was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. He swore to McCloskey that he was innocent—and, over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the case. Two years later, thanks to those efforts, Jorge de los Santos walked free, fully exonerated. McCloskey had found his calling. He established Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with his staff and a team of forensic experts, lawyers, and volunteers—through tireless investigation and an unflagging dedication to justice—Centurion has freed 65 innocent prisoners who had been sentenced to life or death. When Truth Is All You Have is McCloskey's inspirational story, as well as those of the unjustly imprisoned for whom he has fought. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the soul-bearing account of a man who has redeemed innumerable lives—and incited a movement—with nothing more than his unshakeable belief in the truth.
| Author | : Isabelle Armand |
| Publisher | : powerHouse Books |
| Total Pages | : 0 |
| Release | : 2018-03-27 |
| Genre | : Photography |
| ISBN | : 9781576878842 |
Two African American men from poor, rural Mississippi wrongfully convicted for crimes they didn't commit. Lost years of their lives spent in jail and finally released a decade a half later thanks to the Innocence Project and DNA testing. This is their life for all to see. In the early 1990s in a small disadvantaged community in rural Mississippi, Levon Brooks and Kennedy Brewer were wrongfully convicted in separate trials of capital murder. Brooks, despite an alibi, was sentenced to life and was imprisoned for 18 years. A few years later Brewer was convicted and sentenced to death. He was incarcerated for 15. In 2008 the Innocence Project in New York exonerated both men. Vanessa Potkin, longtime attorney at the Innocence Project, along with co-founder of the Innocence Project, Peter Neufeld, spent years investigating the two cases, and discovered a link between them that subsequent DNA testing substantiated. The results of that testing led authorities to the real perpetrator who was responsible for both murders and then to the exonerations of Brooks and Brewer. Without the work of the Innocence Project, Potkin, Neufeld, and a host of others, these photographs-of lives lost, forgotten, and then regained-would not have been possible. The photographs' poignance is made all the more powerful as one contemplates their stark, deeply felt beauty against the haunting realization that they were almost never able to be made or seen at all. The evidence against Brooks and Brewer consisted primarily of bite mark matching evidence. A prosecution expert testified that in both cases multiple bite marks covered the victims' bodies and matched the defendants' teeth impressions. A group of experts retained by the Innocence Project later determined that the marks were not bite marks at all. As a forensic discipline, bite mark matching has come under serious criticism in recent years and led to the exoneration of multiple other prisoners. This same prosecution expert testified not only in Brooks's and Brewer's cases, but a host of others in Mississippi and the region. The extent of the damage is still unknown. In 2012, photographer Isabelle Armand came across an article about these two cases. Such a scenario seemed unbelievable. How, why, and where could this happen? How does one cope with wrongful conviction? For the next five years, she spent several weeks each year documenting Brooks, Brewer, their families and their environment. This intimate photographic essay, akin to looking in a mirror, puts faces on the victims of wrongful convictions. It seeks to raise consciousness, challenge popular perceptions about poverty and inequality in our criminal justice system, and demands that we confront these critical issues.
