Category Archives: Eyewitness identification

Weekend Quick Clicks…

The Innocent Citizen’s Justice System Survival Guide

“Ours is a world in which justice is accidental, and innocence no protection.”     Euripedes, 400 B.C.

———————————————————————————————–

I come from a legal family, so even though I did not go into law, I’ve had a closeup view of the justice system my entire life, which is, I think, one of the reasons I decided to devote my post-corporate life to innocence work. I saw too many things happening that were not congruent with my view of what a fair and just system should, and must, be. For the past seven years, I’ve been deeply involved in innocence work, and have become knowledgeable about the details of many, many cases (100’s) of wrongful conviction and wrongful imprisonment. Consequently, I’ve seen many ways in which actually innocent people become tragic victims of what we call “justice.” There are just so many ways the justice system can get it wrong. This has caused me to think about what it is that an innocent person can (and should) do when accusatorially confronted by this thing we call the justice system. [You might want to also read my previous post Why I Think the US Justice System is Broken, and Why It’s Not Getting Fixed.]

If you think being wrongfully charged, indicted, convicted, and imprisoned can’t happen to you, think again. It can happen to anybody. Just ask Debra Milke. The ways this can happen are countless, and despite the system’s best efforts, there are just too many ways the system can possibly get it wrong. I could give you lots of examples, but we won’t try to detail them here – just take a look at the National Registry of Exonerations, and keep in mind these are only the ones that have been so far successfully overturned within the system – there are magnitudes more. This article will try to give you some “suggestions” for what you might do if you find you’re being wrongfully suspected or charged with a crime. For those of you who have had no close interaction with the justice system, you might well think that I’m being radical and that I must come from somewhere in outer space … and you can think that right up until you get scooped into the meat grinder. Let me me just say, “Forewarned is forearmed.”

This article will be in six sections:

I.  Have a Lawyer You Can Call

II. Don’t Talk to the Police

III. The Plea Bargain

IV. Be Ready for Trial

V. Shaken Baby/Child Abuse (Abusive Head Trauma)  [This requires special attention and treatment.]

VI. If You Are Wrongfully Convicted

DISCLAIMER: I am not an attorney, and so cannot give you legal advice. These suggestions are only my personal opinion, and are solely the result of my exposure to the justice system and wrongful convictions over a period of years. They come with no guarantee. Every situation is unique, and you must always exercise your own judgment given the circumstances. They are just intended to get you thinking about how you would handle the situation of being wrongfully accused, and to give you some information about how the system works. I am certain that they cannot cover every possible situation, but hopefully, they will provide an overall, general guide for how you might deal with this. 

Continue reading

Wednesday’s Quick Clicks…

  • A prosecutor in Virgnia says the right things and appears to “get it”
  • Great editorial on eyewitness ID reform in Missouri by Rebecca Brown
  • In Ohio, Ricky Jackson and five other death row exonerees speak at State House against capital punishment

Friday’s Quick Clicks…

Weekend Quick Clicks…

Wednesday’s Quick Clicks…

  • In NY, the wrongfully convicted petition for prosecutorial oversight
  • Colorado to consider eyewitness lineup reforms
  • In Japan, will wrongful convictions be catalyst for criminal justice reform?
  • With a judge’s order throwing out his murder conviction in-hand, Tyrone Hood truly became a free man as he was exonerated at a Monday morning hearing after spending more than 20 years in prison for a slaying he’s continued to insist he did not commit.
    “I can’t even describe how I feel right now,” he said.  Nearly a month ago, outgoing Gov. Pat Quinn commuted Hood’s sentence, releasing him from prison.  The decision by Cook County State’s Attorney Anita Alvarez to dismiss the convictions against Hood and his co-defendant Wayne Washington, Jr. follows more than two years of investigation by her office’s conviction integrity unit – which began looking into the case in 2012 after the University of Chicago’s Exoneration Project championed Hood’s innocence.  Keep reading…..
  • New legislation in Texas aimed at expanding access for inmates to post-conviction DNA testing

North Carolina Innocence Commission’s success has yet to inspire other states to follow suit

With eight exoncerations to its credit, the North Carolina Innocence Inquiry Commission is living up to its goals when it was established in 2006. With official powers that others who investigate possible wrongful conictions don’t have, The Atlantic reports here, the commission has been able to crack cases that others might not have been be able to. That should make it a national model for how states could correct wrongful convictions, but it hasn’t been so far. Money is one reason. A lack of commitment may be another.