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Study of Victim Experiences of Wrongful Conviction

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Study of Victim Experiences of Wrongful Conviction The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Study of Victim Experiences of Wrongful Conviction Author(s): Seri Irazola, Ph.D., Erin Williamson, Julie Stricker, Emily Niedzwiecki Document No.: 244084 Date Received: November 2013 Award Number: GS-23F-8182H This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant report available electronically. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Final Report Study of Victim Experiences of Wrongful Conviction Contract No. GS-23F-8182H September, 2013 Submitted to: National Institute of Justice Office of Justice Programs U.S. Department of Justice Submitted by: ICF Incorporated 9300 Lee Highway Fairfax, VA 22031 Final Report Study of Victim Experiences of Wrongful Conviction Contract No. GS-23F-8182H September, 2013 Submitted to: National Institute of Justice Office of Justice Programs U.S. Department of Justice Submitted by: ICF Incorporated 9300 Lee Highway Fairfax, VA 22031 Study of Victim Experiences of Wrongful Conviction Study of Victim Experiences of Wrongful Conviction Seri Irazola, Ph.D. Erin Williamson Julie Stricker Emily Niedzwiecki ICF International 9300 Lee Highway Fairfax, VA 22031-1207 This project was supported by Contract No. GS-23F-8182H, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the authors and do not necessarily reflect those of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice under National Institute of Justice Contract No. GS-23F-8182H. This report has not been published by the Department. Opinions or points of view expressed are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Study of Victim Experiences of Wrongful Conviction Acknowledgments The Study of Victim Experiences of Wrongful Conviction was sponsored by the National Institute of Justice, U.S. Department of Justice. The authors would like to thank Bethany Backes and Christine Crossland of the National Institute of Justice for their continued guidance and support throughout the study. In addition, we appreciate the cooperation and contributions of our study participants, including victim service providers, law enforcement, prosecutors, and attorneys. A special thank you is extended to the victims who participated in the study and shared their experiences with us. Finally, we would like to thank our expert advisors for their ongoing input and review: Steve Derene of the National Association of VOCA Assistance Administrators, and Steve Siegel of Denver’s District Attorney’s Office. This document is a research report submitted to the U.S. Department of Justice under National Institute of Justice Contract No. GS-23F-8182H. This report has not been published by the Department. Opinions or points of view expressed are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Study of Victim Experiences of Wrongful Conviction Table of Contents Executive Summary ................................................................................................................... i 1. Introduction ................................................................................................................... 1 1.1 Literature Review on Victim Experiences of Wrongful Conviction ......................... 1 1.1.1 Impact of Crime on Victims ....................................................................... 1 1.1.2 Role of the Victim in the Criminal Justice System ..................................... 3 1.1.3 Victims’ Rights and Services .................................................................... 5 1.1.4 Wrongful Conviction and Exoneration in the United States ....................... 7 1.1.5 Role of Victims in the Exoneration Process ............................................ 11 1.1.6 Impact of Wrongful Conviction on Crime Victims .................................... 12 2. Methodology ................................................................................................................ 14 2.1 Definitions of Key Terminology ........................................................................... 14 2.2 Research Questions .......................................................................................... 14 2.3 Study Design ..................................................................................................... 15 2.3.1 Review of Known Cases ......................................................................... 15 2.3.2 Survey of Service Providers ................................................................... 16 2.3.3 Case Studies .......................................................................................... 18 3. Study Findings ............................................................................................................ 20 3.1 Review of Known Cases .................................................................................... 20 3.1.1 Overview of the Cases ........................................................................... 20 3.1.2 Contributing Factors Associated with Wrongful Convictions ................... 24 3.1.3 Contributing Factors Associated with Exonerations ................................ 28 3.2 Survey of Service Providers ............................................................................... 30 3.2.1 Overview of the Cases ........................................................................... 30 3.2.2 The Exoneration Process ....................................................................... 32 3.2.3 Impact on the Victim and Service Provision ............................................ 34 3.2.4 Contact with the Wrongfully Convicted Individual ................................... 35 3.2.5 Comments and Recommendations......................................................... 35 3.3 Victim Experiences: Findings from the Case Studies ......................................... 35 3.3.1 Overview of the Case Studies ................................................................ 36 3.3.2 The Exoneration Process and the Role of the Victim .............................. 37 3.3.3 The Impact of the Wrongful Conviction on the Crime Victim ................... 44 3.3.4 The Media and Community Reaction ...................................................... 47 3.3.5 Meeting the Wrongfully Convicted Individual Post-Exoneration .............. 49 3.3.6 Peer Support .......................................................................................... 51 4. Discussion, Recommendations, and Implications .................................................... 52 4.1 Recommendations for Practice .......................................................................... 53 4.1.1 Victim Notification ................................................................................... 53 4.1.2 Receiving Information on the Exoneration Process and Case Status Updates .................................................................................................. 55 4.1.3 Victim Services ....................................................................................... 57 4.1.4 Training for Criminal Justice Personnel .................................................. 59 This document is a research report submitted to the U.S. Department of Justice under National Institute of Justice Contract No. GS-23F-8182H. This report has not been published by the Department. Opinions or points of view expressed are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Study of Victim Experiences of Wrongful Conviction 4.2 Implications for Policy ........................................................................................ 60 4.2.1 Ensuring the Conviction of Actual Offenders .......................................... 60 4.2.2 Guaranteeing Victims Access to Notification and Services ..................... 61 4.3 Limitations.......................................................................................................... 64 5. Conclusions ................................................................................................................. 65 References .............................................................................................................................. 66 Appendices ............................................................................................................................. 71 Appendix A: Study Instruments ..................................................................................... 71 This document is a research report submitted to the U.S. Department of Justice under National Institute of Justice Contract No. GS-23F-8182H. This report has not been published by the Department. Opinions or points of view expressed are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Study of Victim Experiences of Wrongful Conviction Executive Summary Over the past three decades,
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