The Wrongful Convictions Reader

"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. Each chapter is divided into three sections: 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 include: 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 Actual wrongful conviction case documents This combination of materials makes the book more than a mere "reader" and makes it ideal for doctrinal as well as experiential courses"--

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.

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.

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.

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.

A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives After two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free. The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system -- a relic of the Jim Crow era -- failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.

On September 30, 2003, Calvin was declared innocent and set free from Angola State Prison, after serving 22 years for a crime he did not commit. Like many other exonerees, Calvin experienced a new world that was not open to him. Hitting the streets without housing, money, or a change of clothes, exonerees across America are released only to fend for themselves. In the tradition of Studs Terkel's oral histories, this book collects the voices and stories of the exonerees for whom life — inside and out — is forever framed by extraordinary injustice

"A powerful, revealing story of hope, love, justice, and the power of reading by a man who spent thirty years on death row for a crime he didn't commit"--

Written by a wrongfully convicted man who spent 16 years in solitary confinement and 12 years on death row, a powerful memoir about fighting for—and winning—exoneration. In the summer of 1992, a grandmother, a teenage girl, and four children under the age of ten were beaten and stabbed to death in Somerville, Texas. The perpetrator set the house on fire to cover his tracks, deepening the heinousness of the crime and rocking the tiny community to its core. Authorities were eager to make an arrest. Five days later, Anthony Graves was in custody. Graves, then twenty-six years old and without an attorney, was certain that his innocence was obvious. He did not know the victims, he had no knowledge about the crime, and he had an airtight alibi with witnesses. There was also no physical evidence linking him to the scene. Yet Graves was indicted, convicted of capital murder, sentenced to death, and, over the course of twelve years on death row, given two execution dates. He was not freed for eighteen years, two months, four days. Through years of suffering the whims of rogue prosecutors, vote-hungry district attorneys, and Texas State Rangers who played by their own rules, Graves was frequently exposed to the dire realities of being poor and black in the criminal justice system. He witnessed fellow inmates who became his friends and confidants be taken away, one by one, to their deaths. And he missed out on seeing his three young sons mature into men. Graves’s only solace was his infinite hope that the state would not execute him for a crime he did not commit. To maintain his dignity and sanity, Graves made sure as many people as possible knew about his case. He wrote letters to whomever he thought would listen. Pen pals in countries all over the world became allies, and he attracted the attention of a savvy legal team that overcame setback after setback, chiseling away at the state’s faulty case against him. Everyone’s efforts eventually worked. After Graves’s exoneration, the original prosecutor on his case was disbarred. Graves is one of a growing number of innocent people exonerated from death row. The moving account of his saga—of his ultimate fight for freedom from inside a prison cell—is as haunting as it is poignant, and as shameful to the legal system as it is inspiring to those on the losing end of it.

A powerful argument for adopting a model of restorative justice as part of the Innocence Movement—so exonerees, crime victims, and their communities can come together to heal In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.