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Deconstructing the Path to Wrongful Convictions

Deconstructing the Path to Wrongful Convictions. Peggy DeStefano Professor of Criminal Justice Bakersfield College. Abstract.

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Deconstructing the Path to Wrongful Convictions

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  1. Deconstructing the Path to Wrongful Convictions Peggy DeStefanoProfessor of Criminal JusticeBakersfield College

  2. Abstract • Many people associate the arduous task of providing investigative and advocacy services to inmates who allege their actual innocence with the work of the NY Innocence Project at Cardozo Law School. In fact, as a result of the NY group’s success under the leadership of Barry Scheck and Peter Neufeld, Innocence Projects have emerged throughout the U.S., several of which are here in CA. Their work is featured in the presentation.

  3. Abstract…continued • As a result, thousands of exoneration cases appear in the literature devoted to chronicling the causes, remedies, research, and recommended reforms.My presentation focuses on exposing the fault lines in the criminal process and illuminating key U.S. Supreme Court rulings that have provided the basis for administration of justice at various critical stages of prosecution.

  4. Abstract…continued • In addition, I discuss recent research in the applied behavioral sciences on media-police- prosecutor relationships and eye-witness defense attorney, and juror conduct that combine to create the perfect storm resulting in wrongful convictions. I also comment on the role of negligent and fraudulent science in the crime laboratory and some of the public policy reform measures that may redress these systemic failures.

  5. Abstract…continued • Throughout the formal presentation, I reference specific cases, suggest titles for further reading and film viewing, and provide follow-up information for those who may be advocacy minded. This slide show is intended to provide a simple and brief overview of some of the facets of the problem, while creating (hopefully) an interest in attending the colloquium to participate in the protracted examination of a profound systemic issue.

  6. …With Liberty and Justice for all?

  7. The Other America: The Incarcerated • 2,000,000 incarcerated in Feds and states • 3,000 on Death Row in Feds and states • 210,000 in CA Dept. of Corr. &Rehab(includes parole supervision cases) • 657 on CA Death Row

  8. Prison Demographics: California • Ethnicity and Gender White—27%African American—29%Latino—38%Asian/Native American/Other—6%Male—93%Female—7%

  9. Investigation Phase PoliceD.A. InvestigatorsGrand JuryInterested Citizen GroupsMediaInformantsWitnesses

  10. A Perfect Storm:Friedmans Case

  11. Suspect In-Custody • In-person Identification (line-up, show-up) • Photo/video identificationphoto line-up (“six pack”), sketches, mugbooks • Physical Evidence(fingerprints, other samples)

  12. Interrogation • Statements/Questions elicit incriminating response • Confessions • Admissions • Alibis

  13. Informants • Citizen • Criminal (Confidential—C/I) • Anonymous • Legal standards to determine credibility • Greatest problem area: C/I group

  14. Or else?

  15. Right to Counsel • Critical stages of prosecution • Potential loss of liberty • Miranda • Scope of the 6th Amendment protection • Effective assistance of counsel • Resource allocation and the public defense bar

  16. California Western Innocence Project Stoll Case (J. Stoll and J. Brooks, Esq.)

  17. Good Science or Junk Science:What goes on in the Crime Lab?

  18. Glen Woodall: Zain Crime Lab Victim

  19. Fingerprints: Science or Art?

  20. Hair Specimens: Comparisons and Conclusions

  21. Hair Specimen: Shed or CombingUndamaged club-shaped root

  22. Trace Evidence Exemplar:Who is the Expert?

  23. Jury Decisions: Guilt and Penalty Phases

  24. Post Conviction Legal Remedies • Motion for acquittal. Request that the judge decide that there is not enough evidence to convict the defendant. • Motion for a new trial. Request that trial judge declare a mistrial and grant a new trial. • Appeal to state appellate court. Contends that trial judge made some legal error. • Petition for rehearing to state appeals court. Requests that appeals court judges change their own decision. • State supreme court appeal. Requests that highest court in the state review and overturn the decision of the mid-level appeals court. • U.S. Supreme Court appeal. Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution. • State court habeas corpus petitions. Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right. • Federal habeas corpus petition. Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.Source: NOLO, 2006

  25. Exoneration Demographics • Ethnicity White—28%African American—60%Latino—10% Asian/Native American/Other—2%Male 99% Female 1% • Average amount of time served—12 years • Average age at incarceration—26 years old • Death Row exonerations—7%

  26. Rogue Cops: Ramparts Cases

  27. Face of Wrongful Conviction

  28. Cold war Case

  29. Darkness at the End of the Tunnel

  30. Texas Department of Corrections

  31. An injustice to one is aninjustice to all…Dr. MLK

  32. U.S. Supreme Court Cases • Miranda v. Arizona 384 U.S. 436 • Strickland v. Washington 466 U.S. 668 • Brady v. Maryland 373 U.S. 83 • Manson v. Braithwaite 432 U.S. 98 • Daubert v. Merrill Dow Pharmaceuticals 509 U.S. 579

  33. Justice Delayed is Justice Denied: NY Cases of Wrongful Execution

  34. Recent Success Story • YouTube - "12 Years Taken From Me": Help End Wrongful Convictions • View the interview of Herman Atkins, a recent California exoneree • N.B. This make take a few minutes to load.

  35. Ronnie Taylor-Free man 10-09-07

  36. Ronnie Taylor Exoneration • Convicted of forcible Rape in 1995 • Houston Cr/Lab Expert testified in error: Biological evidence was “not found” on victim’s bed sheet • Taylor also misidentified in video line-up and convicted after jury trial • Post-conviction DNA testing ID another convicted felon serving on other charges • Houston Cr/Lab cases under review

  37. Epilogue • After release from prison? • Life After Exoneration Program • Compensation for wrongful convictions

  38. DNA Data Banks: Double Edge Sword

  39. Innocence Protection Act: AGathering Storm for Reform • Justice for AllEverything you need to know about passage of this legislation. Note the Kirk Bloodsworth section, named for an Innocence Project Exoneree

  40. Actual Innocence (Barry Scheck, et al., 2003) An Innocent Man(John Grisham, 2005) In Spite of Innocence(Radelet, et al., 1992) The Innocence Project Life After Exoneration Truth in Justice The Center for Public Integrity Selected Resources

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