Exoneration – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Three of the Central Park Five Men Receive Belated Honorary Diplomas https://legacy.lawstreetmedia.com/news/three-of-the-central-park-five-men-receive-belated-honorary-diplomas/ https://legacy.lawstreetmedia.com/news/three-of-the-central-park-five-men-receive-belated-honorary-diplomas/#respond Tue, 27 Jun 2017 21:13:08 +0000 https://lawstreetmedia.com/?p=61733

They spent their own graduations sitting in prison for a crime they didn't commit.

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On Monday, three of the Central Park Five finally got to attend a high school graduation and receive honorary diplomas. The three men missed their original graduation, as they were in prison for the 1989 rape of a woman jogging in New York’s Central Park–a crime they did not commit.

Yusef Salaam, Kevin Richardson, and Raymond Santana Jr. joined 60 teenagers graduating from Bronx Preparatory High School on Monday, surrounded by family members. Marielle Colucci, a teacher at Bronx Prep, had used a 2012 documentary about their wrongful conviction when teaching students about the justice system. Earlier this year, Colucci’s students asked if they could meet the men, and Richardson came to speak to the class.

Later, the school invited the men to the graduation ceremony. Even though they had received diplomas while in prison, they never attended a ceremony. Colucci said that it’s important to inform students about what happened to these men, as all of her students are members of minority groups and could face the same discrimination.

In April 1989, a young woman was brutally beaten and raped in Central Park while on a run. Trisha Meili, the victim, barely survived. Police claimed that it was the deed of a group of schoolboys, and that at least four had taken part in the attack. Ultimately, the number of convicted assailants rose to five: Salaam, Richardson, Santana Jr., Kharey Wise, and Antron McCray. All are black or Hispanic. They became known as the “Central Park Five.”

The five were not allowed to see their parents before being questioned, and were interrogated for hours; none of their DNA matched what was found on the victim’s body, yet they all were found guilty. Eleven years later, Wise, who was 16 at the time of the rape, ran into a man in prison who confessed that he was the one who committed the crime. After confessing, police found that his DNA matched the DNA that was found on Meili.

But back in 1989, many thought the five men were guilty, and even Donald Trump played a part in vilifying them. Trump, who at the time was a real estate developer in New York, took out a full-page ad in the Daily News.

“How can our great society tolerate the continued brutalization of its citizens by crazed misfits? Criminals must be told that their CIVIL LIBERTIES END WHEN AN ATTACK ON OUR SAFETY BEGINS!” it said, complete with Trump’s now-famous capitalization.

He also wrote that the death penalty should be brought back. The boys were between ages 14 and 16 at the time. As recently as last year, Trump still maintained that they were guilty. In an interview before the election, Richardson drew parallels to Trump’s campaign claim that Hispanic illegal immigrants are drug traffickers and rapists.

“Just like those ads, that speech was a call for extreme action based on a whole set of completely false claims. It seems that this man is for some strange reason obsessed with sex and rape and black and Latino men,” Richardson said.

One of the five, who changed his name, pointed out how Trump has a tendency to disregard facts and science and instead go with his own opinions. “Donald Trump told the world that my life had no value, no quality,” he said. “And he’s still saying pretty much the same thing today.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Study Finds Black Defendants More Likely to Be Wrongfully Convicted than White Defendants https://legacy.lawstreetmedia.com/blogs/crime/black-defendants-wrongfully-convicted/ https://legacy.lawstreetmedia.com/blogs/crime/black-defendants-wrongfully-convicted/#respond Thu, 09 Mar 2017 14:52:34 +0000 https://lawstreetmedia.com/?p=59412

The study's results are striking.

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"Prison" courtesy of JoshuaDavisPhotography; License: (CC BY-SA 2.0)

A study released Tuesday by the National Registry of Exonerations found that black Americans are more likely than white Americans to be wrongfully convicted of murder, sexual assault, and drug crimes.

The study  broke down the exonerations that are listed in the National Registry of Exonerations’ records by demographic. The results were striking: despite the fact that black people make up 13 percent of the population in the U.S., they make up 47 percent of innocent defendants convicted and then exonerated. You can read the full study here, but here are some of the other illuminating findings:

  • Innocent black defendants are roughly seven times more likely to be convicted of murder than innocent white defendants. Black defendants are most likely to be wrongfully convicted if they are accused of killing white victims.
  • Black prisoners are 3.5 times more likely to have been wrongfully convicted of sexual assault than white prisoners. The study attributes this disparity to issues with witness identification. According to the study: “Assaults on white women by African-American men are a small minority of all sexual assaults in the United States, but they constitute half of sexual assaults with eyewitness misidentifications that led to exoneration.”
  • In regards to convictions of drug crimes, the study determined that black people were 12 times more likely to be wrongfully convicted than white people. The study notes that this disparity likely comes from the fact that “police enforce drug laws more vigorously against African Americans than against members of the white majority, despite strong evidence that both groups use drugs at equivalent rates.”

The study also concluded that innocent black people usually spend a longer period of time incarcerated than innocent white people before being exonerated.

This study obviously cannot account for innocent people who have not been exonerated, which is likely a fairly large population. We don’t know definitively what that population looks like. But this study does point to a troubling picture: almost across the board, it’s more likely that black Americans are wrongfully convicted of crimes than White Americans.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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University of Michigan Law School Project Tracks Exonerations https://legacy.lawstreetmedia.com/schools/university-michigan-law-school-project-tracks-exonerations/ https://legacy.lawstreetmedia.com/schools/university-michigan-law-school-project-tracks-exonerations/#comments Thu, 29 Jan 2015 14:30:17 +0000 http://lawstreetmedia.wpengine.com/?p=32936

The University of Michigan Law's project helps compile exoneration data around the country.

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Image courtesy of [Andrew Horne via Wikimedia]

A record 125 convicts were absolved of wrongdoing in 2014, according to a project conducted by the University of Michigan Law School to create exoneration statistics in the United States. This project was recently published in an annual report released by the National Registry of Exonerations, which releases statistics of this nature each year. This is the first time since the registry began tracking exonerations in 1989 that they have reported over 100 in one year.

According to the registry, the states with the most exonerations last year were Texas, New York, and Illinois. Thirty-three of Texas’ exonerations involved drug cases in Harris County, and used crime lab analysis conducted by a Conviction Integrity Unit. The tests showed that in many of those cases the “drugs” that the defendants were accused of possessing actually contained no illegal substances, despite the fact that the defendants had pled guilty to the offenses. These cases not only contributed to the record number of cases where the defendant pled guilty and was exonerated, but also contributed to the increase in the number of exonerations for drug crimes. There were 39 exonerations for drug cases in 2014, which is significantly higher than the 11 from the year before.

What’s the cause of this sudden increase in exonerations? According to Samual Gross, a Michigan Law professor and editor of the National Registry of Exonerations, there has been a steady change in the attitudes of prosecutors about wrongful convictions. He said:

I think prosecutors are much more willing to see identifying errors as a positive part of their job, rather than as a misfortune they have to endure.

Lake County State’s Attorney Michael Nerheim, who works in northern Chicago, started an independent panel made up of retired judges, defense, and civil rights attorneys to review cases. He believes that prosecutors should be leading the way to reduce the number of wrongful convictions. He said: “We’re all on the same side – no prosecutor wants to wrongfully convict somebody. We all want the truth.”

It’s no longer about just winning cases or solving them as quickly as possible. It’s about using all available resources to find out the truth. Of course, one of these resources is DNA testing. With increased technology, DNA testing can be used to show that the DNA of someone who was convicted does not match the DNA found at the crime scene.

More interestingly, many more of these exonerations are a result of finding evidence of perjury or coercion. For example, Ohio native Ricky Jackson spent 39 years in prison for murder, but was freed last November after a witness admitted that he hadn’t seen the crime. In another case, a Chicago judge dismissed charges against Alstory Simon, who had confessed, after 15 years in prison for double murder.

According to Gross, it’s likely that the number of exonerations could grow in 2015, with new districts following in the footsteps of Harris County and opening up their own Conviction Integrity Units. Despite the growing number of these units, exonerations are still extremely difficult to obtain. He said that “If we didn’t get it right the first time, it’s hard to be right the second time.” Even so, hopefully the new focus on past mistakes could help to prevent future errors.

Brittany Alzfan
Brittany Alzfan is a student at the George Washington University majoring in Criminal Justice. She was a member of Law Street’s founding Law School Rankings team during the summer of 2014. Contact Brittany at staff@LawStreetMedia.com.

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Compensation for Exonerees: A Fundamental Right? https://legacy.lawstreetmedia.com/blogs/crime/compensation-exonerees-fundamental-right/ https://legacy.lawstreetmedia.com/blogs/crime/compensation-exonerees-fundamental-right/#respond Wed, 13 Aug 2014 20:59:04 +0000 http://lawstreetmedia.wpengine.com/?p=22073

When Jabbar Collins was arrested in 1994 for the murder of Rabbi Abraham Pollack, no one believed him when he said he was innocent. Now, after 16 years in a maximum security prison and three years following his exoneration, Collins is slated to receive $3 million from the state of New York in one of the largest wrongful conviction settlements ever awarded by the state.

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When Jabbar Collins was arrested in 1994 for the murder of Rabbi Abraham Pollack, no one believed him when he said he was innocent. Now, after 16 years in a maximum security prison and three years following his exoneration, Collins is slated to receive $3 million from the state of New York in one of the largest wrongful conviction settlements ever awarded by the state.

Collins is one of the lucky ones. Only 30 states and the District of the Columbia provide compensation to exonerated criminals. A total of 1,405 innocent people have been wrongfully imprisoned since 1989. In 46 percent of these cases, the government and its officials were at fault. Official misconduct (police, prosecutors, or other government officials abusing their power) is responsible for putting 647 innocent people behind bars over the past 25 years. Despite these numbers, the road to compensation is far from easy.

Even in the states that have compensation laws on the books, the process for receiving money is fairly difficult, requiring years of waiting and expensive legal battles. On average there is a minimum of a three year wait (as in Collins’ case). Additionally, a successful lawsuit depends on the person’s ability to prove that their wrongful conviction was caused by intentional misconduct. This requires naming a responsible party such as a prosecutor, police officer, or witness. It also excludes compensation for legal technicalities and unintentional errors made during the original investigation and trial.

If that isn’t bad enough, compensation laws vary widely state-by-state, and most of the money that exonerees receive is taxed. Some states deny compensation to any exoneree that falsely confessed or pleaded guilty, while others deny money to those who were exonerated without the use of DNA testing. Florida refuses to compensate anyone that has an unrelated prior offense under its “clean hands” provision, and Montana offers no money at all, instead offering educational aid for state or community college. New Hampshire offers a flat maximum of $20,000 no matter how many years an exoneree spent wrongfully imprisoned.

According to federal standards, exonerees should receive up to $50,000 per year of wrongful imprisonment and $100,000 per year spent on death row, but these standards are currently met by only 5 states. More often than not, exonerees receive small amounts–if anything at all–which do not even begin to cover the damages they suffered as a direct result of their wrongful confinement.

One thing that all exonerees almost uniformly receive is the horrific experience of being falsely imprisoned. Most suffer from post-traumatic stress disorder, institutionalization, and depression as a result of years they spent behind bars. They have to endure the censure for a crime they never committed and the psychological damage of being branded a criminal by the public.

Even after an exoneree is released from confinement, the consequences of their imprisonment has the potential to taint every aspect of their lives. For some exonerees, half a lifetime has passed them by; family members have died, children have grown up, and spouses have moved on with their lives while they spent years behind bars. Others suffer physically from years spent with sub-par prison health care, while others suffer professionally as they lack the job experience, vocational training, and educational skills that are needed to secure a job.

Perhaps worst of all is the fact that their wrong conviction is not even immediately expunged from their records upon exoneration and release, often appearing on background checks and inhibiting their ability to fully reintegrate into society years later. Despite all this, most states do not provide transitional services for exonerees, leaving a large portion without a means of transportation, a source of income, or even a place to call home upon release.

It seems rather counter-intuitive to not provide these people with immediate and automatic compensation. They have clearly suffered unjustly at the hands of a flawed criminal justice system and it seems only natural that the government should take on the responsibility to help them rebuild their lives, regardless of liability.

The fact that these people are left with no other option but to sue for the compensation they rightfully deserve is adding insult to injury. They have already proved their innocence-they would be in jail otherwise–and while you cannot put a price on freedom, exonerees should not have to suffer through an expensive, protracted legal battle in order to be compensated for the years they spent unjustly serving time for a crime they did not commit.

[Innocence Project] [National Registry of Exonerations]

Nicole Roberts (@NicoleR5901) a student at American University majoring in Justice, Law, and Society with a minor in Mandarin Chinese. She has a strong interest in law and policymaking, and is active in homeless rights advocacy as well as several other social justice movements. Contact Nicole at staff@LawStreetMedia.com.

Featured image courtesy of [Luigi Caterino via Flickr]

Nicole Roberts
Nicole Roberts a student at American University majoring in Justice, Law, and Society with a minor in Mandarin Chinese. She has a strong interest in law and policymaking, and is active in homeless rights advocacy as well as several other social justice movements. Contact Nicole at staff@LawStreetMedia.com.

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