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There
are few things as devastating to society and inpiduals than government that allows the wrongful
convictions of an innocent person.
Since the advent of DNA testing in the 1990s, Innocence Project researchers report 73 percent of the 239 overturned convictions based on DNA testing were wrongfully convicted based on eyewitness testimony. One third of these overturned cases involved the testimony of two or more mistaken eyewitnesses.
Eyewitnesses are
adamant about what they believe they remember without
an awareness of how the subconscious processes information.
The mind is highly suggestible. It's easy to confuse a
suggestion or direct questions with the facts. Those who do come forward to
admit their mistakes or doubts may be pressured not to.The system
defends wrong decisions.
The state of Illinois wrongfully convicted Juan Rivera, 39, three times for the 1992 stabbing death of 11-year-old babysitter, Holly Staker. He was sentenced to life prison. After spending almost 20 years incarcerated, on Dec. 9, 2011, the Illinois Appellate Court ruled the conviction was "unjustified and cannot stand."
Why Science Tells Us Not to Rely on Eyewitness Accounts--Eyewitness testimony is fickle and often inaccurate. In 1984 Kirk Bloodsworth was convicted of the rape and murder of a nine-year-old girl and sentenced to the gas chamber. After nine years in prison, DNA testing proved him innocent. Mistakes by eyewitnesses are common.
The Night Birds -- The West Memphis 3 Case
Prosecutors
in 2,341 jurisdictions have stretched, bent or broken rules
to win convictions. Since 1970, judges and appellate panels
cited prosecutorial
misconduct when dismissing charges, reversing convictions
or reducing sentences in over 2,000 cases. In another 500
cases, they found the misconduct warranted a reversal.
In thousands more, judges labeled prosecutorial behavior
inappropriate, but upheld convictions using a doctrine
called "harmless error."
How credible
are child witnesses? Child
Witness Cases
Justice:
Denied -- The Magazine for the Wrongly Convicted.
Free
Battered Women (FBW), is a grassroots coalition
of currently and formerly incarcerated women, their
families, activists, attorneys, students, community
members, and other dedicated inpiduals who strive
to end the re-victimization of battered women in prison.
Many agencies
exist to investigate crimes and prosecute criminals, but no
entity exists to investigate the injustice of wrongful
conviction. Authorities in the criminal justice system
make no effort to collect, organize and review their mistakes.
Why
Would Anyone Make a False Confessions? In more
than 25% of DNA exoneration cases, innocent defendants
made incriminating statements, delivered outright
confessions or pled guilty. These cases show that
confessions are not always prompted by internal knowledge
or actual guilt, but are sometimes motivated by external
influences. Why do innocent people confess?
Miscarriages
of justice Scotland
Survival
Guide For The Falsely Accused -- Provides resource
information to adults unjustly accused of child abuse,
child neglect, sexual child abuse, "repressed" memories,
sexual harassment, or domestic violence (spousal abuse).
The
courts’ reliance on
witnesses built is kept in limited check by cross-examination—an
important adversarial legal process—used to
appeal to the jurors common
sense. Witnesses testimony are often considered the most
important personal testimony given. Recent
studies illustrate that this weight must be balanced by
the awareness that a witness may be honest, not coaxed
by prosecutorial error by anyone else but simply by
being human the results of distorted memory and inaccurate
testimony are easily possible and common.
The
Case For Innocence -- Examines why inmates remain
in prison despite DNA evidence that exonerates them.
Local prosecutors
in 2,341 jurisdictions have stretched, bent or broken rules
to win convictions. Since 1970, judges and appellate panels
cited prosecutorial
misconduct when dismissing charges, reversing convictions
or reducing sentences in over 2,000 cases. In another 500
cases, they found the misconduct warranted a reversal.
In thousands more, judges labeled prosecutorial behavior
inappropriate, but upheld convictions using a doctrine
called "harmless error."
In Paris, Illinois,
1986, Karen Spesard, 24, a factory office assistant, married Dyke Rhoads, a landscaper. The couple were found dead after
fire engulfed their home. They
couple stabbed over 50 times prior
to the fire. Herb Whitlock, 41, a part-time construction worker
and drug dealer, and Randy Steidl, 35, a construction worker, were convicted. Both men claimed innocence. The Prosecutors say the motive was a
drug deal gone bad.
In 1999, a Northwestern University journalism professor, David Protess, gave his students the case as a class project to re-investigate.
On Friday February 25 1983, Jeanine
Nicarico, 10, was abducted from her Illinois home in unincorporated
Naperville, brutally raped and slain. Investigators narrowed in on
Alex Hernandez, Stephen Buckley and Rolando Cruz because Cruz and
Hernandez told lies about their murder which led to a grand
jury indictment
of the three men. The case was built on unreliable statements with
no physical evidence against the defendants. After it was apparent
the case was going to trial, the Du Page County Sheriff's
early lead Detective resigned in in disgust.
Who did kill Wendy Sewell? The
former newspaper editor who campaigned for the release
of Stephen Downing after he was wrongly jailed for
27 years for the murder of Wendy Sewell, says he has "a very good idea" who
the real killer was. In Denial of Murder -- Over 30 years Wendy Sewell, typist was was savagely attacked in a graveyard. She died in a hospital several days later.
Wrongfully convicted of murder they spent years on death row. DNA evidence freed Ray Krone after 10 years, four of them on Arizona's death row. Despite no physical evidence, Gary Gauger, was sentenced to death. Ronald Keine, was 10 days away from the New Mexico death chamber until another man's confession got him a new trial. Also see the Death Penalty page.
Gloria Killian was on her way to becoming a lawyer when she ended up behind bars for masterminding a robbery-homicide.
Is Clarence Elkins guilty or murder? -- In June 1998, Judith Johnson, 58, was found beaten, strangled and sexually assaulted in her home outside Akron, Ohio. Her 6-year-old granddaughter was also assaulted, and became the prosecution's star witness. She said that the man who had killed her grandmother was her uncle, Clarence Elkins. Today, he is serving a life sentence in prison.
The Killer's Trail, in
which a team of experts investigates the forensic evidence
in the 1954 murder of Marylin Sheppard. Dr. Sam Sheppard was convicted of his wife's murder in 1954. 45 years later Sam Reese Sheppard is fighting to clear his father's name and collect a $2 million wrongful arrest award. His case was bolstered by DNA tests.
Mockery of Justice: The True Story of the Sheppard Murder Case --
by Cynthia L. Cooper, Sam Reese Sheppard -- In 1996,
Sam Reese Sheppard spoke on All Things Considered: "My
mother and dad were very flamboyant people.... They were out
of step ... in the Bible Belt of Ohio at that time, but, very
quickly, and it happens today, a high-profile case spins out
of control, and hatred and hysteria rise in the community.
When a pregnant woman dies in an ugly way in our community,
people are stricken with fear ... the blame on my dad got
pinpointed by the newspapers." Dr.
Sheppard was convicted of the 1954 murder of his
wife. In 1966 the US Supreme Court ruled that he'd
been denied a fair trial. He was retried, found
innocent, then died a few years later. Mockery of
Justice goes into Dr. Sheppard's own account of
that night, the role of a powerful coroner, the
media frenzy, the mysteries surrounding the case
records, and the recent investigation of a likely
suspect. The book includes map, timeline, footnotes,
and index.
A case of injustice where two men with the same name are implicated in the same crime and one - Terence Garner - is sentenced to 32 - 43 years in a North Carolina prison.
The US justice system's racial bias and abuse of power behind the arrest and trial of a youth accused of murder. Courtroom footage from Brenton Butler's murder trial in 2000, with interviews of Butler's public defenders as they prepare their case of mistaken identity.
Jerry Frank Townsend walked free after 22 years in prison for murders he did not commit. Sentenced to life in Northwest Fort Lauderdale from the 1970s, Townsend won exoneration after DNA testing cleared him in 3 murders.
In December 2000, after 14 years on Florida's death row, Frank Lee Smith was cleared of the rape and murder of Shandra Whitehead, 8, as a result of DNA testing. Smith died of cancer in prison, steps away from Florida's electric chair.
Kirk Bloodsworth is one of a small but disturbing number of innocent people released from death row after being wrongfully accused, wrongfully convicted and wrongfully sentenced to die.
Death Penalty Controversy -- April 1993, Gary Gauger was living on his parents' farm, working in his father's motorcycle shop. He found his father in the shop, lying in a pool of blood. Gary called the paramedics, police found his mother's body in a nearby trailer. Gary became a suspect in a double homicide.
Texas justice - 1988 What made timid honors student Christopher Ochoa confess to the rape and murder Nancy DePriest, 20, the mother of a 15-month-old baby girl that he did not commit? Salon.com
The 1992 death of Roger de la Burde at Windsor, his 220-acre horse farm on the James River outside Richmond, had all the markings of suicide. His body lay on a blood-spattered sofa in the library, a single bullet hole in his forehead. His fingers were stained with powder residue, and his .38 Special lay near his side.
"McMartin" was
one of the first Multi-Victim Multi-Offender (MVMO) child
abuse cases. At 6 years duration, it was the longest US
criminal trial in history. At a cost to the state of $15
million, it was the most expensive. No convictions were
obtained. It has become the most famous case of its type.
Akron, Ohio -- Paul 31, and Karen Stanley, 34 dated 12 years before marrying in October 1998. 13-month-old Bo Michael was conceived about the same time. Paul was asleep in bed and Karen was asleep on the couch when Paul was awakened by a crackling noise from the baby monitor.
Susan
Nelles, RN,
Toronto's Sick Children's Hospital, was accused of murdering
4 babies in 1981. The charges were dropped, but Nelles'
spent 4 years seeking vindication and sued the Ontario
Crown Attorney's Office for "malicious prosecution." Her
father died without living to see her vindicated.
Kari & Associates
PO Box 6166
Olympia, WA 98507
Copyright
Kari Sable 1994-2011
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