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Convicting the Innocent
Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 0674060989
Pages: 376
Year: 2011-08-04
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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.
Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 0674066111
Pages: 376
Year: 2012-09-03
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This probing analysis of three of Giotto’s major works and the patrons who commissioned them goes beyond the clichés of Giotto as the founding figure of western painting. It traces the interactions between Franciscan friars and powerful bankers and illuminates the complex interactions between mercantile wealth and the iconography of poverty.
Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 0674058704
Pages: 375
Year: 2011-04-04
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This probing analysis of three of Giotto’s major works and the patrons who commissioned them goes beyond the clichés of Giotto as the founding figure of western painting. It traces the interactions between Franciscan friars and powerful bankers and illuminates the complex interactions between mercantile wealth and the iconography of poverty.
Convicting the Innocent
Author: Stanley Cohen
Publisher: Skyhorse Publishing, Inc.
ISBN: 163220813X
Pages: 312
Year: 2016-04-05
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“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
Pages: 406
Year: 2010-05-14
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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.
False Justice
Author: Jim Petro, Nancy Petro
Publisher: Routledge
ISBN: 1317667727
Pages: 300
Year: 2014-07-11
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Compelling and engagingly written, this book by former Attorney General of Ohio Jim Petro and his wife, writer Nancy Petro, takes the reader inside actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, and exposes 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 conviction sources internationally, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only the guilty confess. Myth 4: Wrongful conviction is the result of innocent human error. Myth 5: An eyewitness is the best testimony. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors the victim to question a conviction. Myth 8: If the justice system has problems, the pros will fix them.
Author: Scott Christianson
Publisher: NYU Press
ISBN: 081471675X
Pages: 196
Year: 2006-11-01
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Innocent graphically documents forty-two recent criminal cases to find evidence of shocking miscarriages of justice, especially in murder cases. Based upon interviews with more than 200 people and reviews of hundreds internal case files, court records, smoking-gun memoranda, and other documents, Scott Christianson gets inside the legal cases, revealing the mistakes, abuses, and underlying factors that led to miscarriages of justice, while also describing how determined prisoners, post-conviction attorneys, advocates, and journalists struggle against tremendous odds to try to win their exonerations. The result is a powerful work that recounts the human costs of a criminal justice system gone awry, and shows us how wrongful convictions can—and do—happen everywhere.
Wrongful Convictions and the DNA Revolution
Author: Daniel S. Medwed
Publisher: Cambridge University Press
ISBN: 1107129966
Pages: 407
Year: 2017-03-30
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This book examines the lessons learned from twenty-five years of using DNA to free innocent prisoners and identifies lingering challenges.
Henry Wade's Tough Justice
Author: Edward Gray
Publisher: Dog Ear Publishing
ISBN: 1608447456
Pages: 244
Year: 2010-11
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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.
Edwin M. Borchard ? Convicting the Innocent and State Indemnity for Errors of Criminal Justice
Author: Edwin Montefiore Borchard
ISBN: 0985503319
Pages: 358
Year: 2013-08-10
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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.
End of Its Rope
Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674981960
Pages: 310
Year: 2017-09-25
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Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.
Blind Injustice
Author: Mark Godsey
Publisher: Univ of California Press
ISBN: 0520287959
Pages: 244
Year: 2017
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In this unprecedented view from the trenches, prosecutor turned champion for the innocent Mark Godsey takes us inside the frailties of the human mind as they unfold in real-world wrongful convictions. Drawing upon shocking, yet true, stories from his own career, Godsey shares how innate psychological flaws and the "tough on crime" political environment experienced by judges, police, prosecutors, defense attorneys, and juries can cause investigations to go awry, leading to the convictions of innocent people. Each chapter explores a distinct psychological human weakness inherent in the criminal justice system--confirmation bias, memory malleability, credibility-determining errors, tunnel vision, cognitive dissonance, bureaucratic denial, "group think" mindsets, and dehumanization--and then illustrates each human weakness with true stories from Godsey's time as a prosecutor and innocence lawyer. Part confessional, Godsey takes us back to his days as a hard-nosed prosecutor and brings to life the law enforcement mindset that leads to wrongful convictions in a way unprecedented. This book also analyzes the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials impact how they view cases, especially since re-elections are based on showing tough stance on crime? How can defense attorneys provide appropriate support for their clients when many are overworked and underpaid? And how do juries overcome their own bias that those in power or with influence--police, prosecutors, and expert witnesses--know more about what the evidence means? Godsey sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, he recommends structural, procedural, and attitudinal changes that can hopefully restore justice to the criminal justice system.
Anatomy of Innocence: Testimonies of the Wrongfully Convicted
Author: Laura Caldwell, Leslie S. Klinger
Publisher: Liveright Publishing
ISBN: 1631490893
Pages: 320
Year: 2017-03-28
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Recalling the great muckrakers of the past, an outraged team of America’s best-selling writers unite to confront the disasters of wrongful convictions. Wrongful convictions, long regarded as statistical anomalies in an otherwise sound justice system, now appear with frightening regularity. But few people understand just how or why they happen and, more important, the immeasurable consequences that often haunt the lucky few who are acquitted, years after they are proven innocent. Now, in this groundbreaking anthology, fourteen exonerated inmates narrate their stories to a roster of high-profile mystery and thriller writers—including Lee Child, Sara Paretsky, Laurie R. King, Jan Burke and S. J. Rozan—while another exoneree’s case is explored in a previously unpublished essay by legendary playwright Arthur Miller. An astonishing and unique collaboration, these testimonies bear witness to the incredible stories of innocent men and women who were convicted of serious crimes and cast into the maw of a vast and deeply flawed American criminal justice system before eventually, and miraculously, being exonerated. Introduced by best-selling authors Scott Turow and Barry Scheck, these master storytellers capture the tragedy of wrongful convictions as never before and challenge readers to confront the limitations and harsh realities of the American criminal justice system. Lee Child tells of Kirk Bloodsworth, who obsessively read about the burgeoning field of DNA testing, cautiously hoping that it held the key to his acquittal—until he eventually became the first person to be exonerated from death row based on DNA evidence. Judge John Sheldon and author Gayle Lynds team up to share Audrey Edmunds’s experience raising her children long distance from her prison cell. And exoneree Gloria Killian recounts to S. J. Rozan her journey from that fateful "knock on the door" and the initial shock of accusation to the scars she carries today. Together, the powerful stories collected within the Anatomy of Innocence detail every aspect of the experience of wrongful conviction, as well as the remarkable depths of endurance sustained by each exoneree who never lost hope.
The Innocence Commission
Author: Jon B. Gould
Publisher: NYU Press
ISBN: 0814732267
Pages: 364
Year: 2009-11-01
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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.
Actual Innocence
Author: Jim Dwyer, Peter J. Neufeld, Barry Scheck
Publisher: Doubleday Books
ISBN: 038549341X
Pages: 297
Year: 2000
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Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison