Convicting the Innocent

Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 9780674060982
Release Date: 2011-08-04
Genre: Art

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 analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.

Convicting the Innocent

Author: Stanley Cohen
Publisher: Skyhorse Publishing, Inc.
ISBN: 9781632208132
Release Date: 2016-04-05
Genre: Social Science

“A landmark in the fight against the death penalty. Extensively researched and brilliantly written” (Martin Garbus, criminal defense attorney). This investigation into wrongful convictions illustrates the tragic consequences that ensue when the American legal system goes awry. Whether it’s by eyewitness error, jailhouse snitch testimony, corrupt law enforcement, racism, junk science, tainted jury deliberation, prosecutorial misconduct, or incompetent counsel, gross malfeasance is all too possible, and not uncommon. Yet, while many innocent people are put on death row, there’s still an opportunity for justice. Award-winning journalist Stanley Cohen chronicles more than forty cases of men across the country who were arrested, convicted, sentenced, degraded by prison life, dragged through the appeals system, and finally set free because of evidence proving their innocence. These stories end with vindication, but in a country that has performed nearly a thousand executions since 1976, how many more inmates are suffering injustice at the hands of the justice system? The solution to America’s tarnished legal system may be elusive, but the questions raised in this “valuable accounting of a hidden societal plague” cannot be ignored (Kirkus Reviews).

Convicting the Innocent

Author: Edwin M. Borchard
Publisher: CreateSpace
ISBN: 1452862427
Release Date: 2010-05-14
Genre: Law

My major interests lie in an aspect of the law somewhat remote from criminal law, I have nevertheless long urged that the State or community assume the risks of official wrongdoing and error instead of permitting the losses resulting from such fault or mistake to be borne by the injured individual alone. Among the most shocking of such injuries and most glaring of injustices are erroneous criminal convictions of innocent people. The State must necessarily prosecute persons legitimately suspected of crime; but when it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity, for the loss and damage suffered. European countries have long recognized that such indemnity is a public obligation. Federal and state governments in the United States ought to adopt the same policy, instead of merely releasing the innocent prisoner from custody by pardoning him for a crime he never committed and without any admission of error or public vindication of his character. A district attorney in Worcester County, Massachusetts, a few years ago is reported to have said : "Innocent men are never convicted. Don't worry about it, it never happens in the world. It is a physical impossibility." The present collection of sixty-five cases, which have been selected from a much larger number, is a refutation of this supposition. Inasmuch as the conditions described are of interest primarily to the American public, American cases, mainly from the twentieth century, have, for the most part, 1 been chosen for publication. Fifty cases, by reason of their importance or some striking characteristic, have been used as principal cases; the other fifteen, more concisely reported, follow thereafter. Together, they present an interesting cross section of American life.

Der Gefangene

Author: John Grisham
Publisher:
ISBN: 3453265319
Release Date: 2006
Genre: Judicial error

Ron Williamson sitzt 11 Jahre unschuldig in der Todeszelle. Kurz vor seiner Hinrichtung gibt es Beweise für seine Unschuld. Ein Wettlauf gegen die Zeit beginnt.

Edwin M Borchard Convicting the Innocent and State Indemnity for Errors of Criminal Justice

Author: Edwin Montefiore Borchard
Publisher:
ISBN: 0985503319
Release Date: 2013-08-10
Genre:

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.

Convicting the Innocent Sixty Five Actual Errors of Criminal Justice Scholar s Choice Edition

Author: Edwin Montefiore Borchard
Publisher:
ISBN: 1296005232
Release Date: 2015-02-13
Genre:

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Supreme Court on Trial

Author: George C. Thomas
Publisher: University of Michigan Press
ISBN: 9780472026081
Release Date: 2010-02-09
Genre: Law

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan

Henry Wade s Tough Justice

Author: Edward Gray
Publisher: Dog Ear Publishing
ISBN: 9781608447459
Release Date: 2010-11
Genre: History

Charles Chatman believed he would die in a Texas prison. He was sent there at age 21, convicted of raping a 52 year old white woman in his neighborhood, and sentenced to 99 years. The victim had picked his picture out of a line-up and the jury had ignored the testimony of his witnesses, that he was at work when the rape occurred. His court-appointed attorney made feeble efforts to defend him. He had served 27 years when Michelle Moore, a public defender working with the Innocence Project of Texas arranged a DNA test which proved him innocent, and District Judge John Creuzot ordered him released from prison. Richard Miles was more fortunate. After he had served 14 years of a 40 year sentence for murder, investigators for Centurion Ministries discovered police reports which had been hidden from him and his attorney, Ed Gray. A new trial was ordered, then the sole witness who had identified Miles recanted his testimony and claimed that he had been instructed to lie by a Dallas prosecutor. Over 250 prisoners in the U.S. have been exonerated in the last 20 years, some on death row and others serving long sentences. DNA testing has freed the majority, proof of false identification and misconduct by police and prosecutors the others. Dallas County, with one percent of the U.S. population, has accounted for 25 wrongful convictions, ten percent of the total. Henry Wade, Dallas County District Attorney for 32 years, ran the most aggressive and successful prosecutor's office in the country. Ed Gray, as Assistant District Attorney and criminal defense attorney had a ringside seat to the Henry Wade era. In these pages he explains how some of the innocent were convicted. TOUGH JUSTICE is the first book which attempts to portray the career and the history of Henry Wade, the most famous prosecutor in the history of Texas and perhaps the United States. After graduating from the University of Texas Business School and Southern Methodist University School of Law, Ed Gray was a civil law firm associate when he was appointed to represent an indigent defendant in Dallas District Court in 1969. In his first trial, Ed won a Not Guilty verdict and a job offer from District Attorney Henry Wade. He was quickly promoted to Felony Court, where he led the Dallas D. A.'s office in trials and convictions for the next four years. He was lead counsel in 15 murder trials, 13 attempted murder and aggravated assault trials, 8 rape trials, and 49 robbery trials resulting in sentences as high as death and 1200 years and only one Not Guilty verdict. Ed Gray has been a board certified criminal defense attorney since 1975, and has tried 525 criminal jury trials in state and federal courts.