Category Archives: Pretrial detention

Weighing up the Law on Presumption of Innocence

The presumption of innocence is an international protective legal norm - whether in civil or common law jurisdictions. It’s an integral part of the principle of fairness. We are increasingly witnessing a sustained assault on this time tested legal principle.

In Nigeria, in 2009, Mohammed Yusuf the acclaimed leader of the ferocious and violent Islamic sect, which goes by the name Boko Haram, was brutally ‘murdered’ by the police. He was shot with cuffs in hands by the Nigerian police. Where was the presumption of innocence? Without prejudice to the on going investigation of the tragic death of young Trayvon Martin, George Zimmerman in some quarters, is already presumed guilty. Where is the presumption of innocence? It seems there is the tendency that we confuse presumption of innocence with other concepts. For a didactic analysis of presumptions, assumptions and assertions, and how they colour our perceptions of crime, read herehttp://surftofind.com/justice

Opinion piece references impact of plea bargains on wrongful conviction

Writer Michele Alexander raises the wrongful conviction issue as it relates to plea bargaining. As an example, she writes, Erma Faye Stewart, a single African-American mother of two, arrested in 2000 in a drug sweep in Hearne, TX., claimed innocence, but was very worried about her children’s care while she was in jail. Her court-appointed lawyer told her to take the prosecutor’s deal: plead guilty for probation. She pled, was sentenced to 10 years’ probation, and a $1,000 fine. But now she was a felon. Barred from food stamps, evicted from public housing and homeless, her children were taken and placed in foster care. Read the full New York Times op-ed piece here.

More than 90 percent of U.S. criminal cases are not settled in a trial or by a jury. The plea bargaining system is seemingly essential to a criminal justice system that incarcerates about one in 100 adult Americans. But how often do innocent people plead to avoid the costs—in time and resources—of pursuing a trial or to avoid the risk of conviction and incarceration?

Meet the Wits Justice Project (South Africa)

The Wits Justice Project at Witswatersrand University in Johannesburg formed in 2008, modeled on the Innocence Projects the U.S. The Project is based in the journalism school at Wits U., thus is similar in nature to the projects at Northwestern (Medill Innocence Project) and the Innocence Institute of Point Park University.

I visited the Wits Justice Project in 2010 and learned a lot about their set-up and the unique challenges they face in South Africa. Their operations are impressive. They have a larger staff, infrastructure and office space than most projects in the U.S. and U.K. And they are aggressive and do good work, having already obtained freedom for 2 clients and held a major conference to raise awareness in South Africa. This article, entitled Crusaders for the Innocent, gives a good overview of the program.

Me, Michele Berry-Godsey, Jeremy Gordin and other members of the Wits Justice Project

Fighting for the innocent in South Africa includes a unique facet that doesn’t exist in many other legal systems. WJP summarizes the problem as follows:

In its 2010/2011 Annual Report3, the Judicial Inspectorate for Correctional Services gave the number of inmates in the country as 160,545. Of these, 47,880 (30%) are remand detainees and have been behind bars, some for years, waiting for their trials to begin or reach conclusion. Yet approximately 2 in 5 of these inmates will eventually be acquitted. This means that a staggering number of innocent people are being deprived of their freedom

The Wits Justice Project_2012 Annual Plan is quite ambitious, and includes production of a documentary television series to raise awareness in South Africa of wrongful conviction and lengthy pretrial detention of the innocent.

In January, famed journalist and former director Jeremy Gordin left the project and was replaced by Nooshin Erfani-Ghadimi. Before joining WJP as project coordinator, Nooshin was the humanitarian diplomacy senior officer of the International Federation of Red Cross Red Crescent Societies, working in the 49 sub-Saharan African countries.

Nooshin Erfani-Ghadimi, WJP project coordinator

The rest of the WJP team, and their biographies, can be found here.

Gallery

Trial by Jury: Is It About Time for Nigeria?

Nigeria’s adversarial justice system, pitches the prosecutor against the defense, in a fierce evidential ‘duel’ as to the guilt or otherwise of an accused person. That leaves a stand-alone bench to determine - on the basis of the weight of … Continue reading