In two separate cases, men who were convicted and imprisoned for murders they did not commit had a very good week as officials recognized their innocence on Friday, January 9. Both had been released after years in prison but had continued to fight to clear their names and reputations.
Derrick Hamilton spent 21 years in prison for the 1991 murder of Nathanial Cash in Bedford-Stuyvesant, Brooklyn, New York. In prison, he steadfastly proclaimed his innocence knowing that this worked against his opportunities for early parole. He remained in prison even after the sole witness — Cash’s girlfriend whose Continue reading
All who have followed the accomplished work of the Center on Wrongful Convictions at Northwestern Law are saddened by the loss of the Center’s Co-Director, Jane Raley, 57. Surrounded by her loving family, Raley died peacefully at her home on Christmas Day after battling cancer.
Raley had been a member of the legal staff of the Center on Wrongful Convictions since 2000. An exceptional lawyer and teacher, Raley was instrumental in the cases of eleven inmates who were eventually released, according to an obituary in the Chicago Tribune (here). Continue reading
“I have always found that mercy bears richer fruits than strict justice.”
– Abraham Lincoln
So-called tough-on-crime policies in the United States over several decades have resulted in unanticipated changes in the criminal justice system that most Americans probably do not fully realize. Mandatory sentencing, policies such as “three strikes,” and increasing use of plea bargaining as opposed to jury trials have prompted an explosion in the prison population and unprecedented prosecutorial authority. With all due respect to those prosecutors who serve us well, we now know that increased power and immunity from abuses have enabled prosecutorial misconduct, a significant contributor to wrongful convictions.
While the Innocence Project and other organizations work to correct miscarriages and prevent others, and new models such as conviction integrity units seek to address the failure of the appeal process to correct conviction errors, a recent case demonstrated the appropriate use of an intact but rarely used remedy: mercy and discretion by public officials.
These capacities once broadly utilized by judges in sentencing may be the most efficient way to cure injustices whether wrongful convictions or unfair sentencing. In a recent illustration, no one questioned the guilt of Francois Holloway. The New York Times reported (here) and (here) that he was charged in 1995 with three counts of carjacking and using a weapon during a violent crime (he did not carry a gun but his accomplice did).
When the government prosecutor offered Holloway a plea deal with a prison term of 11 years, he declined. Holloway’s lawyer assured him that he would win at trial.
His attorney was wrong. Continue reading
Michael Phillips, an African American man falsely convicted of sexual assault, told everyone he was innocent, but after his attorney advised that he would be better off pleading guilty than risking conviction at trial, and after he then served out his 12-year prison term, he never thought his name would be cleared. However, on July 25, 2014, at 9 a.m. Mr. Phillips, 57, in a wheel chair due to sickle cell anemia, is expected to be exonerated in Criminal District Court 3 at the Frank Crowley Courts Building in Dallas, Texas.
Dallas County District Attorney Craig Watkins’ ongoing initiative to review untested rape kits revealed that Michael Phillips was innocent. According to the National Registry of Exonerations, this is the first time in the United States an exoneration of this nature has occurred…as a result of a district attorney’s systematic testing without active request by a defendant. Continue reading