Relevant bibliographies by topics / The wrongfully convicted

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Reports

Academic literature on the topic 'The wrongfully convicted'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "The wrongfully convicted"

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Azizi, Esti. "Maintaining Innocence." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 55–77. http://dx.doi.org/10.29173/wclawr41.

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Modern research has been diligent and successful in discovering what causes a wrongful conviction and long-term consequences on the wrongfully convicted person and their family. However, there is one area that remains relatively untouched by research efforts. It is the period between the conviction and the release, the period of incarceration itself. The purpose of this paper is to outline the experiences of wrongfully convicted persons in prison. While each incarceration term is an individualized experience, there are many commonalities within these experiences. This paper will consider the incarceration experience via two lenses: Part I will look at inmate and prison violence, and Part II will explore mental health and segregation. The paper will focus largely on the Canadian perspective, with limited insights from other jurisdictions. Each section will also evaluate: (1) the general prison experience for all incarcerated persons, and (2) the distinct prison experiences of the wrongfully convicted as a result of maintaining their innocence. Because little research exists on the distinct experiences of wrongfully convicted persons in prison, this paper looks to interviews and other sources where wrongfully convicted persons discussed their prison experiences. These sources are few and far between, with many wrongfully convicted persons echoing the words of Thomas Sophonow (wrongfully convicted of the murder of a 16-year-old donut shop employee), “whatever happened in jail [is] nobody’s business.”
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Trinka, Luke. "Cries from the Cross: Jesus and the Wrongfully Convicted." Lumen et Vita 11, no. 2 (August 12, 2021): 1–8. http://dx.doi.org/10.6017/lv.v11i2.13723.

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This paper endeavors to affirm the humanity, make known the pain, and lift up the prophetic witness of wrongfully convicted individuals. I bring forward their spiritual journeys and place them in dialectical relationship with Jesus Christ. When we understand Jesus’ death as utterly wrongful and position him in radical solidarity with the wrongly condemned, we see that when the State wrongfully incarcerates, cages, and executes, Jesus too is crucified.
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Taylor, Nick. "Compensating the Wrongfully Convicted." Journal of Criminal Law 67, no. 3 (June 2003): 220–36. http://dx.doi.org/10.1177/002201830306700306.

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This article outlines the two schemes currently in operation for compensating victims of miscarriages of justice, namely the statutory scheme under the Criminal Justice Act 1988, s. 133, and the ex gratia scheme operated by the Home Office. It outlines and evaluates the operation of the schemes and considers the effect of recent case law. Finally, it considers the inability of a purely monetary scheme to provide meaningful compensation and considers how a recent Home Office initiative with the National Association of Citizens Advice Bureaux might produce a more holistic approach to compensation.
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The Innocence Project. "Assisting the Wrongfully Convicted." Journal of Prisoners on Prisons 22, no. 1 (December 1, 2013): 125–26. http://dx.doi.org/10.18192/jpp.v22i1.5180.

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Carl, Alexis E. "Dead Wrong: Capital Punishment, Wrongful Convictions, and Serious Mental Illness." Wrongful Conviction Law Review 1, no. 3 (December 21, 2020): 336–63. http://dx.doi.org/10.29173/wclawr16.

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Serious mental illness (SMI), wrongful convictions, and capital punishment is explored, as having a SMI may heighten an individual’s risk of being wrongfully convicted and consequently dealt a capital sentence. In Atkins v. Virginia, the Supreme Court banned the use of capital punishment for individuals with intellectual disabilities, ruling it unconstitutional, due to the diminished moral and intellectual capacity held by these individuals. Based on these Supreme Court findings, an argument is made that SMI is a compelling mitigating factor that ought to disqualify the pursuit of capital punishment. Due to the cognitive and volitional impairments associated with SMI, people with SMI are especially vulnerable to being wrongfully convicted of a crime and further wrongfully sentenced to death. Data to build this argument include that those with SMI are more likely to: 1) falsely confess; 2) struggle with assisting in their defense; 3) be perceived as an unreliable witness; 4) appear as though they lack remorse; and 5) face prejudices from judges and jurors; which all contribute to wrongful convictions. An explanation of these vulnerabilities are discussed in detail by examining 26 case vignettes (derived from the National Registry of Exonerations and other sources) where such individuals were wrongfully convicted due to SMI. Data from the National Registry of Exonerations is further analyzed, leading to discussion of the disproportionate co-occurrence of wrongful convictions that are stimulated by SMI. This paper concludes with an analysis of reforms and a discussion of how to enact safeguards to protect individuals with SMI.
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Leuschner, Fredericke, Martin Rettenberger, and Axel Dessecker. "Imprisoned But Innocent: Wrongful Convictions and Imprisonments in Germany, 1990-2016." Crime & Delinquency 66, no. 5 (March 6, 2019): 687–711. http://dx.doi.org/10.1177/0011128719833355.

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Although in the United States wrongful convictions and imprisonments are a major public and scientific concern, this topic has been largely ignored in Germany for decades. The present article offers for the first time an overview of all accessible German cases of successful retrials involving convicted persons who served a prison sentence since 1990. The data refer to 31 wrongfully convicted persons in 29 independent cases. Although the largest group consists of cases of false allegations, some of the wrongly convicted were considered not guilty by reason of insanity, and a few wrongful convictions occurred because of eyewitness misidentification and false confessions. In addition, incorrect expert testimony contributed considerably to the wrongful conviction in some cases.
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Shore, Peter. "Resettlement needs of the wrongfully convicted." Journal of Forensic Psychiatry 12, no. 3 (January 2001): 487–90. http://dx.doi.org/10.1080/09585180110091930.

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Konvisser, Zieva Dauber. "“What Happened to Me Can Happen to Anybody”—Women Exonerees Speak Out." Texas A&M Law Review 3, no. 2 (September 2015): 303–66. http://dx.doi.org/10.37419/lr.v3.i2.4.

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Only a few studies have investigated the psychological consequences of wrongful conviction; several others have examined the psychological consequences of incarceration and its impact on reentry and reintegration, primarily for men. For women who have been wrongfully convicted and subsequently released from prison into the free world, there are further indignities and unique issues: having to deal with the deep personal loss of murdered loved ones along with criminal charges; the absence of DNA evidence, making convictions harder to fight; stigmatization by prosecutors and the media; and unique emotional and medical needs. This Article presents findings from in-depth interviews with twenty-one exonerated women and describes the unique qualities and needs faced by wrongfully convicted women during their arrest, trial, conviction, imprisonment, release, and post-release, and the creative and resourceful strategies that have helped them cope with an untenable reality. By giving voice to their lived experiences, this Article seeks to personalize and contextualize the events surrounding the cases, to humanize the people whose lives have been destroyed, and to establish identities amidst an overwhelming sea of facts and statistics. In addition, this Article provides valuable insights and information for clinicians, counselors, families, friends, employers, and communities working to help wrongfully convicted women, and for lawyers, policy-makers, and advocates working to promote social justice and criminal justice reform.
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Eckstein, Barbara. "Surviving Justice: America's Wrongfully Convicted and Exonerated." Oral History Review 36, no. 1 (January 1, 2009): 107–10. http://dx.doi.org/10.1093/ohr/ohp016.

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Qayum, Sara, Sughra Farid, Suhail Shehzad, and Weidong Zhu. "Short Comings of Criminal Justice System of Pakistan and its Effects on the Rights of Accused Prisoner Wrongfully Convicted or Imprisoned." Journal of Legal Studies 18, no. 32 (December 1, 2016): 13–27. http://dx.doi.org/10.1515/jles-2016-0015.

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Abstract The criminal justice system in Pakistan operates imperfectly, although the aim of the Pakistan’s Criminal Law system is that no person is being convicted without all the elements but our System is not speedy and fast in disposal of cases then automatically innocent suffers. A failure of the justice system leaves people free but uncompensated. When a case has been decided after a lengthy trial and an individual acquit on merit by the judgment of concerned Court than upon release he did not receive any thing as compensation by the Criminal Justice System of Pakistan because System offers no mechanism for compensation. This article will discuss about wrongfully convicted persons in Pakistan’s Criminal Justice System and the reasons for their wrongful imprisonment and mechanism for compensation. In the end, conclusions and recommendations will be given on the same.
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Dissertations / Theses on the topic "The wrongfully convicted"

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Haselkorn, Amelia A. "When Society Becomes the Criminal: An Exploration of Society’s Responsibilities to the Wrongfully Convicted." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/pitzer_theses/84.

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This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.
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Jeudy, St Jean. "Psychosocial Consequences of Parental Wrongful Conviction on Children." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7156.

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This qualitative multiple-case study sought to provide an in-depth understanding of how children living in broken families-due to the wrongful conviction of parent(s)-developed psychosocial issues. The theoretical frameworks applied to this study were the social learning theory, the social control theory, the role-modeling theory, and the general theory of crime. A purposeful sample of 13 adults who were children at the time of their parents’ wrongful incarceration were drawn for phone and in-person interviews. The data were transcribed and analyzed to code, sort, and organize; to analyze connections in the information, and to compare and contrast cases. The multiple-case study data were analyzed using 1st and 2nd cycle coding. Among the 10 themes identified in this study were these 5: family structure and activities, behavioral issues associated with the wrongful conviction of their parents, wrongful conviction effects on education, mental health impacts of a parental wrongful conviction on left-behind children and bullying in school and at home. This implications for positive social change are that the findings raise awareness of the psychosocial issues experienced by children whose parent(s) were wrongfully imprisoned for government officials, community leaders, policymakers, and justice reform advocates who can use them to implement programs to provide psychosocial assistance to all children of incarcerated parents.
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Haraldsson, Anna. "Den oskyldigt dömdes utredningsmöjligheter för att ansöka om resning : En studie med särskilt fokus på bevarande av bevismaterial och begäran om DNA-testning efter lagakraftvunnen dom." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-371791.

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The purpose of this thesis is to examine the wrongfully convicted person’s possibilities for taking investigative measures in his or her own case, in order to apply for post-conviction relief according to 58:2 p.4 of the Swedish Code of Judicial Procedure (SCJP), with a particular focus on preservation of evidence and post-conviction DNA testing. Since the legal requirements for reconsidering the preliminary investigation according to 58:6a SCJP are set high, the convicted is, with very few exceptions, left alone to make his or her own attempt at reinvestigating the case, but without legal right to get access to all the evidential items in the case. This is a huge problem when the convicted would need to let such items get reanalyzed by forensic or scientific experts, in order to exculpate him- or herself, for instance by using the newest DNA technology, which was not available during the preliminary investigation. Hence, there is a great interest in preserving evidence, and in particular “traces” (spår), after the verdict has become legally binding. In this thesis, I argue that evidence, such as “traces”, should be preserved not only in the interest for clearing unsolved crimes in the future, but also for the possibility of a future petition of post-conviction relief - at least if the crime committed was a serious crime. According to my study, it is a common belief among the police, that preservation of evidence called “traces” is unregulated. I argue that The Archives Act, which regulates the general duty of state agencies to preserve official documents, is applicable also regarding these “traces”. Consequently, I propose that all of these types of evidence should be preserved by the agencies. Alternatively, the convicted should be notified by the appropriate agency that the evidence is going to be destroyed and grant him or her a right to request further preservation within a certain time. Moreover, I conclude that there should be a possibility for the convicted to require post-conviction DNA testing in Sweden as exemplified on the federal level in the US, as well as that the legal requirements for reconsidering the preliminary investigation in 58:6a SCJP should be more lenient. Another solution would be to make it possible for the court, according to 58:6b SCJP, to decide upon that the prosecutor should take investigative measures when it can be assumed that it would lead to the reconsideration of the preliminary investigation. If the proposed legislative changes are not taken, at least it should be possible for the prosecutor to take investigative measures, such as initiating the DNA testing, by using the opportunity to partwise reconsideration of the preliminary investigation.
Syftet med denna uppsats är att utreda den oskyldigt dömdes utredningsmöjligheter för att ansöka om resning enligt 58:2 p.4 Rättegångsbalken (RB), med särskilt fokus på bevarande av bevismaterial och begäran om DNA-testning efter lagakraftvunnen dom. Eftersom kravet på förundersökningens återupptagande enligt 58:6a RB ställs högt, är den dömde, med mycket få undantag, lämnad åt att själv vidta utredningsåtgärder, men utan laglig rätt att få tillgång till allt bevismaterial i fallet. Detta är ett stort problem då den dömde skulle behöva få till stånd nya forensiska eller kriminaltekniska analyser på materialet, i syfte att rentvå hen från skuld, genom att exempelvis använda den nyaste DNA-tekniken, som inte fanns tillgänglig vid den ursprungliga förundersökningen. Därför finns det ett starkt intresse av att bevismaterial, främst spår, bevaras efter domen har vunnit laga kraft.  I denna uppsats argumenterar jag för att bevismaterial, såsom spår, inte endast bör bevaras med hänsyn till intresset av att klara upp kalla fall, utan även beträffande möjligheten till framtida ansökan om resning - åtminstone om det brott som begicks var ett allvarligt sådant. Enligt min studie är det en vanlig uppfattning bland polisen att bevarandet av bevismaterial, såsom spår, är oreglerat. Jag argumenterar för att arkivlagen, som reglerar den allmänna skyldigheten för statliga myndigheter att bevara allmänna handlingar, även är tillämplig lag avseende spår. Följaktligen föreslår jag att myndigheter bör bevara alla dessa typer av material. Alternativt borde den dömde underrättas av lämplig myndighet att bevismaterialen ska hävas, och ge hen rätt att begära, inom viss tid, att bevismaterialen ska fortsätta att bevaras. Dessutom konstaterar jag att det bör införas en möjlighet för den dömde att begära ny DNA-testning efter lagakraftvunnen dom i Sverige, likt regleringen på federal nivå i USA, samt att kravet på förundersökningens återupptagande enligt 58:6a RB bör sänkas. En annan lösning skulle vara att göra det möjligt för domstolen i enlighet med 58:6b RB att förelägga åklagaren att vidta viss utredningsåtgärd när det kan antas leda till förundersökningens återupptagande. Om inte dessa förändringar sker bör åklagaren åtminstone ha möjlighet att vidta utredningsåtgärder, som att t.ex. initiera ny DNA-testning, genom att utnyttja möjligheten att delvis återuppta förundersökningen.
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Books on the topic "The wrongfully convicted"

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Wrongfully convicted: The innocent in Canada. [Wetaskiwin, Alta.]: Quagmire Press, 2007.

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Eggers, Dave, Neil Berman, and Lola Vollen. Surviving justice: America's wrongfully convicted and exonerated. 3rd ed. San Francisco: McSweeney's, 2008.

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Connecticut. Advisory Commission on Wrongful Convictions. Report of the Advisory Commission on Wrongful Convictions, pursuant to Public Act 08-143, an Act Concerning the Compensation of Wrongfully Convicted and Incarcerated Persons, the Duties and Duration of the Sentencing Task Force and the Preparation of Racial and Ethnic Impact Statements. Hartford: State of Connecticut, Judicial Branch, External Affairs Division, 2009.

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Huff, C. Ronald. Convicted but innocent: Wrongful conviction and public policy. Thousand Oaks, Calif: SAGE Publications, 1996.

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Hemphill, Dr Danarius M. Wrongfully Convicted: Walking in Truth & Freedom. November Media Publishing & Consulting Firm, 2018.

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(Compiler), Dave Eggers, Lola Vollen (Compiler), and Scott Turow (Introduction), eds. Surviving Justice: America's Wrongfully Convicted and Exonerated. McSweeney's, 2005.

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Jablonski, Noria, Scott Turow, Dave Eggers, Neil Berman, Dominic Luxford, and Lola Vollen. Surviving justice: America's wrongfully convicted and exonerated. 2017.

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Lola, Vollen, and Eggers Dave, eds. Surviving justice: America's wrongfully convicted and exonerated. San Francisco: McSweeney's, 2005.

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Anatomy of innocence: Testimonies of the wrongfully convicted. Liveright Publishing Corporation, 2017.

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Ciolino, Paul J. In The Company of Giants: The Ultimate Investigation Guide for Legal Professionals, Activists, Journalists & the Wrongfully Convicted. iUniverse, Inc., 2005.

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Book chapters on the topic "The wrongfully convicted"

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Brooks, Justin, and Desiree Moshayedi. "Exonerating the Wrongfully Convicted." In Silent Witness, 34–48. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190909444.003.0003.

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Chapter 2 examines the critical role DNA analysis has played in exonerating the wrongfully convicted. Since the first DNA exoneration in 1988 of Gary Dotson, falsely convicted of rape in Illinois, hundreds of people have been exonerated through DNA analysis, including many who were on death row; minority groups have been disproportionately represented (approximately 70%). This chapter examines the various reasons that innocent people have been convicted, including coerced confessions and mistaken eyewitness identifications, and discusses several cases in which DNA evidence led to exoneration. It also discusses the establishment of the innocence movement, from the founding in 1983 of Centurion Ministries, an organization devoted to freeing innocent people from prison; to the formation in 1992 of the Innocence Project, which used DNA to free the innocent; to the global movement of today, in which more than 100 innocence organizations around the world work on reform and litigation.
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Johnson, Matthew Barry. "Serial Rapists and Wrongful Conviction." In Wrongful Conviction in Sexual Assault, 105–19. Oxford University Press, 2020. http://dx.doi.org/10.1093/med-psych/9780190653057.003.0005.

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This chapter describes a common pattern where innocent defendants are tried and convicted of crimes committed by serial rapists. These cases account for a significant portion not only of the wrongful convictions in sexual assaults, but also of all confirmed wrongful convictions. The chapter presents 67 defendants wrongfully convicted with this set of case facts. This chapter identifies the difficulty encountered by law enforcement in the investigation of “stranger rapes” despite the expanding literature on crime scene investigation and offender profiling. This chapter also highlights the law enforcement focus on ruling out false rape charges, while less attention is paid to the matter of unreliable identification.
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"Introduction." In Silent Witness, edited by Henry Erlich, Eric Stover, and Thomas J. White, 1–12. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190909444.003.0001.

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Since its introduction in the late 1980s, DNA analysis has revolutionized the forensic sciences. It has helped to convict the guilty, exonerate the wrongfully convicted, identify victims of mass atrocities, prosecute human traffickers, and reunite families whose members have been separated by war and repressive regimes. Yet many of the scientific, legal, societal, and ethical concepts that underpin forensic DNA analysis remain poorly understood, and their application is sometimes controversial....
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"Making It Work: Compensation for the Wrongfully Convicted." In The Death Penalty Today, 97–108. Routledge, 2017. http://dx.doi.org/10.1201/b15785-9.

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Roach, Kent. "2. Exonerating the Wrongfully Convicted: Do We Need Innocence Hearings?" In Honouring Social Justice. Toronto: University of Toronto Press, 2008. http://dx.doi.org/10.3138/9781442688261-005.

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Hoyle, Carolyn, and Mai Sato. "The Nature of Applications to the Commission." In Reasons to Doubt, 68–84. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198794578.003.0005.

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This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.
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"Appendix E: Canada’s 1988 Federal-Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned Persons." In Miscarriages of Justice in Canada, 321–24. University of Toronto Press, 2018. http://dx.doi.org/10.3138/9781487514563-022.

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Borum Chattoo, Caty. "Interrogating Hidden Truths." In Story Movements, 160–86. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190943417.003.0008.

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Within a larger cultural exchange of information, investigative documentary makers balance creative artistry with journalistic practices while they navigate risk and security concerns in precarious times, and they play a vital role in democratic functioning by fostering public awareness and dialogue. These investigative documentarians are breaking new stories even as they face threats—legal, privacy, security, safety—that may be more profound given their location outside formal journalism institutions. Opening with the story of CitizenFour, Laura Poitras’s Academy Award–winning exposé of US National Security Agency spying through the story of whistleblower Edward Snowden, the film case studies here also include Southwest of Salem: The Story of the San Antonio Four, the documentary investigation of four lesbians wrongfully convicted of a heinous crime; and The Feeling of Being Watched, a first-person verité journey into government spying on the filmmaker’s predominantly Arab-American community outside Chicago.
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Johnson, Matthew Barry. "Child Sexual Abuse Hysteria." In Wrongful Conviction in Sexual Assault, 120–31. Oxford University Press, 2020. http://dx.doi.org/10.1093/med-psych/9780190653057.003.0006.

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This chapter reviews the phenomenon of “child sexual abuse hysteria” and the series of day care child sexual abuse prosecutions that occurred in the United States from the mid-1980s to the mid-1990s. The charges often involved highly implausible accusations. Suggestive questioning of children, prosecutorial overcharging, and a prevailing social hysteria contributed to a substantial number of innocent defendants being convicted. Psychological research findings informed legal appeals that contributed to the exoneration of more than 50 defendants. The cases presented highlight common features among many child sexual abuse hysteria prosecutions. Considered together, the manufactured and sociogenic nature of the prosecution’s evidence is apparent.
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Johnson, Matthew Barry. "Race and Rape Prosecution in US History." In Wrongful Conviction in Sexual Assault, 57–104. Oxford University Press, 2020. http://dx.doi.org/10.1093/med-psych/9780190653057.003.0004.

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This chapter examines the current disproportion of Black defendants wrongly convicted of sexual assault through a historical lens. It notes the US history of statutorily separate sexual assault penalties based on race of the defendant and victim. Throughout US history the legal definition and societal response to rape (and rape allegations) have been influenced by considerations of race. These considerations were consistently made to the detriment of Black defendants charged with rape. The chapter reviews how race, rape law, and prosecution have been manifested in different historical eras (the period of race-based enslavement, the period of Jim Crow segregation, and the current post–civil rights period) and the mechanisms of racial bias against Black defendants in the post–civil rights era.
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Reports on the topic "The wrongfully convicted"

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Dr. Kyle Scherr, Dr Kyle Scherr. Examining Prejudice and Discrimination Against Wrongfully Convicted Individuals. Experiment, May 2015. http://dx.doi.org/10.18258/5182.

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Gupta, Shweta. DNA Fingerprinting: A Major Tool for Crime Investigation. Spring Library, April 2021. http://dx.doi.org/10.47496/nl.blog.24.

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DNA profiling has revolutionized the criminal justice system over the past decades. It has even enabled the law enforcement from exonerating people who have been convicted wrongfully of crimes which they did not commit.
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