Innocent While Incarcerated

Innocent While Incarcerated
Author: Justin Lunsford
Publisher:
Total Pages: 274
Release: 2021-08-30
Genre:
ISBN: 9780578979670

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What have you done in life for the last eleven years? Have you spent time with friends and loved ones, traveled on vacation, accomplished career goals, and enjoyed what most would consider a normal American life? Now, imagine missing all that. Imagine, instead, that you spent the last eleven years in prison, with twelve years to go, convicted of a crime you did not commit, and nobody, least of all the justice system, cared enough to listen. Justin Lunsford doesn't have to imagine. It happened to him. This is his diary. "It is important to note in this regard that "actual innocence" means factual innocence, not mere legal insufficiency. In other words, the Government is not limited to the existing record to rebut any showing that a petitioner might make. Rather, on remand, the Government should be permitted to present any admissible evidence of a petitioner's guilt even if that evidence was not presented during petitioner's plea colloquy and would not normally have been offered. In cases where the Government has forgone more serious charges in the course of plea-bargaining, petitioner's showing of actual innocence must also extend to those charges." Bousley v. United States, 523 U.S. 614, 118 S. Ct. 1604, 140 L. Ed. 2d 828, 1998 U.S. LEXIS 3334, 66 U.S.L.W. 4346, 98 Cal. Daily Op. Service 3723, 98 Daily Journal DAR 5135, 1998 Colo. J. C.A.R. 2447, 11 Fla. L. Weekly Fed. S 532

Convicting the Innocent

Convicting the Innocent
Author: Brandon L. Garrett
Publisher: Harvard University Press
Total Pages: 376
Release: 2011-08-04
Genre: Art
ISBN: 0674060989

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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.

When the Innocent are Punished

When the Innocent are Punished
Author: Peter Scharff Smith
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2014-06-18
Genre: Social Science
ISBN: 9781137414281

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There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

Barred

Barred
Author: Daniel S. Medwed
Publisher: Basic Books
Total Pages: 276
Release: 2022-09-20
Genre: Law
ISBN: 1541675908

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A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.

Redeeming Justice

Redeeming Justice
Author: Jarrett Adams
Publisher: Convergent Books
Total Pages: 305
Release: 2021-09-14
Genre: Biography & Autobiography
ISBN: 0593137825

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“A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law.

Incarceration without Conviction

Incarceration without Conviction
Author: Mikaela Rabinowitz
Publisher: Routledge
Total Pages: 110
Release: 2021-07-14
Genre: Social Science
ISBN: 1000391477

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Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people’s lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

Gideon's Trumpet

Gideon's Trumpet
Author: Anthony Lewis
Publisher: Vintage
Total Pages: 290
Release: 2011-09-14
Genre: History
ISBN: 030780528X

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The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.

Getting Life

Getting Life
Author: Michael Morton
Publisher: Simon and Schuster
Total Pages: 304
Release: 2014-07-08
Genre: Biography & Autobiography
ISBN: 1476756848

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“A devastating and infuriating book, more astonishing than any legal thriller by John Grisham” (The New York Times) about a young father who spent twenty-five years in prison for a crime he did not commit…and his eventual exoneration and return to life as a free man. On August 13, 1986, just one day after his thirty-second birthday, Michael Morton went to work at his usual time. By the end of the day, his wife Christine had been savagely bludgeoned to death in the couple’s bed—and the Williamson County Sherriff’s office in Texas wasted no time in pinning her murder on Michael, despite an absolute lack of physical evidence. Michael was swiftly sentenced to life in prison for a crime he had not committed. He mourned his wife from a prison cell. He lost all contact with their son. Life, as he knew it, was over. Drawing on his recollections, court transcripts, and more than 1,000 pages of personal journals he wrote in prison, Michael recounts the hidden police reports about an unidentified van parked near his house that were never pursued; the bandana with the killer’s DNA on it, that was never introduced in court; the call from a neighboring county reporting the attempted use of his wife’s credit card, which was never followed up on; and ultimately, how he battled his way through the darkness to become a free man once again. “Even for readers who may feel practically jaded about stories of injustice in Texas—even those who followed this case closely in the press—could do themselves a favor by picking up Michael Morton’s new memoir…It is extremely well-written [and] insightful” (The Austin Chronicle). Getting Life is an extraordinary story of unfathomable tragedy, grave injustice, and the strength and courage it takes to find forgiveness.

Rectify

Rectify
Author: Lara Bazelon
Publisher: Beacon Press
Total Pages: 250
Release: 2018-10-16
Genre: Social Science
ISBN: 0807029173

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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.

The Sun Does Shine

The Sun Does Shine
Author: Anthony Ray Hinton
Publisher: St. Martin's Press
Total Pages: 270
Release: 2018-03-27
Genre: Biography & Autobiography
ISBN: 1250124719

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"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"--