JD Yer Or Me, and Detectives Didn’T Pursue That on Sunday Afternoon (Feb
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941 ZALMAN PRODUCTION (DO NOT DELETE) 12/17/2016 4:35 PM ELEPHANTS IN THE STATION HOUSE: SERIAL CRIMES, WRONGFUL CONVICTIONS, AND EXPANDING WRONGFUL CONVICTION ANALYSIS TO INCLUDE POLICE INVESTIGATION1 Marvin Zalman* Matthew Larson** ABSTRACT In this article we advocate that the study of miscarriages of justice be expanded to view the entirety of police crime investigation as a source of wrongful convictions. We set this proposal in a framework of how the inductive innocence paradigm was developed and analyze how the term “causation” is used in legal, scientific and case analysis. We then explore a subject not yet addressed by wrongful conviction scholarship but that may confront an investigator: whether an unsolved crime is the work of a serial criminal and whether a suspect is the serial criminal. We examine a convenience sample of forty-four exonerees convicted of crimes committed by thirty serial criminals. The analysis is aimed at opening up a discussion of the kind of complexity that investigators face in hard-to-solve cases. 1 We thank Sam Gross and the National Registry of Exonerations’ staff for providing case files. * Professor, Department of Criminal Justice, Wayne State University. ** Assistant Professor, Department of Criminal Justice, Wayne State University. 941 941 ZALMAN PRODUCTION (DO NOT DELETE) 12/17/2016 4:35 PM 942 Albany Law Review [Vol. 79.3 I. INTRODUCTION Wrongful conviction research, according to Bonventre, Norris, and West, includes identifying exoneration cases, “establishing rates” of wrongful convictions, -
The Right Remedy for the Wrongly Convicted: Judicial Sanction for Destruction of DNA Evidence
Fordham Law Review Volume 77 Issue 6 Article 2 2009 The Right Remedy for the Wrongly Convicted: Judicial Sanction for Destruction of DNA Evidence Cynthia E. Jones Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Cynthia E. Jones, The Right Remedy for the Wrongly Convicted: Judicial Sanction for Destruction of DNA Evidence, 77 Fordham L. Rev. 2893 (2009). Available at: https://ir.lawnet.fordham.edu/flr/vol77/iss6/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Right Remedy for the Wrongly Convicted: Judicial Sanction for Destruction of DNA Evidence Cover Page Footnote Associate Professor of Law, American University, Washington College of Law; former Executive Director of the Public Defender Service for the District of Columbia; Vice President of the Mid-Atlantic Innocence Project Board of Directors; and Vice Chair of the Board of Trustees for the Public Defender Service for the District of Columbia. I wish to thank my very dear friend and mentor, Professor Angela J. Davis, for her tremendous support and guidance. I also want to thank Associate Dean Mark Niles, Professor Adam Thurschwell, Professor Ira P. Robbins, and Professor Andy Taslitz for their thoughtful comments on earlier drafts. I would also like to thank my wonderful and resourceful research assistants for their work: Frank Piggott, Daniele Shiffman, Jackie Bliss, Laurita Denny, Alex Perlin, B. -
How the Lawyer and Client Work Together.Pdf
David Singleton & Tyra Patterson HOW THE LAWYER & CLIENT WORK TOGETHER David Singleton Ohio Justice & Policy Center 215 E 9th St. Fl. 600 Cincinnati, Ohio 45202-2149 (513) 421-1108 Email: [email protected] Tyra Patterson Ohio Justice & Policy Center 215 E. 9th St. Ste 601 Cincinnati, OH 45202-2143 Email: [email protected] NACDL’s 2nd Annual Seminar “Race Matters II: The Impact of Race on Criminal Justice” January 10-11, 2019, Millennium Biltmore Hotel, Los Angeles, CA SINGELTON (DO NOT DELETE) 2/16/2017 3:28 PM UNMAKING A “MURDERER”: LESSONS FROM A STRUGGLE TO RESTORE ONE WOMAN’S HUMANITY DAVID A. SINGLETON INTRODUCTION ...................................................................... 488 I. A RAWLSIAN THOUGHT EXPERIMENT ....................................... 491 II. IN RE TYRA PATTERSON: A CASE STUDY .................................... 493 A. The Court of Appeals’ Version of the Facts................ 496 B. Tyra’s Innocence Claim and the Evidence Supporting It ................................................................................. 498 1. Tyra’s 911 Call ....................................................... 503 2. Holly Lai’s Testimony at Kellie Johnson’s Trial ... 505 3. The Victims’ Initial Statements to the Police ....... 505 4. The Statements of Tyra’s Co-defendants and Witnesses .............................................................. 508 a. LaShawna Keeney’s Statements ....................... 509 b. Kellie Johnson’s Statements ............................ 511 c. Joe Letts’s Statements ..................................... -
False Justice and the True Prosecutor
False Justice and the "True" Prosecutor: A Memoir, a Tribute, and Commentary Mark A. Godsey* INTRODUCTION This article is a review of False Justice: Eight Myths that Convict the Innocent by Jim and Nancy Petro. But this article is also a memoir, in that I tell the story, from my own perspective as Director of the Ohio Innocence Project, of how I have watched Jim Petro go from prosecutor and elected Attorney General of Ohio to a leading champion of the wrongfully convicted across the nation. The article is also a commentary in that, along the way, I address what makes Jim Petro so different from many prosecutors in this country. In this respect, I discuss problems in our criminal justice system that unfortunately lead some prosecutors, in far too many instances, to contest post-conviction claims of innocence in ways that I believe are contrary to our profession's ethical standards. In the end, I offer Jim Petro as the true prosecutor. By "true," I mean one who fully embodies fairness, justice, and the highest ethical standards of our profession. With this article, I hold out Jim Petro as a national model-an example that all other prosecutors should strive to emulate.' I. DNA TESTING FOR INMATES My first interaction with Jim Petro occurred in 2003, shortly after he took office as the Attorney General (AG) of Ohio. Petro had been elected AG following a long and distinguished legal and political career, which included service in the positions of Auditor of Ohio, state representative, county 2 commissioner, city director, and a stint as a felony trial prosecutor. -
In This Issue
Injustice Anywhere Newsletter Fall 2013 In This Issue Our Featured Cases How it all began Who are we? Wrongful Conviction News Injustice Anywhere Radio Rally for Injustice Any- where November 12, 2013 Written by Bruce Fischer Injustice Anywhere is pleased to publish our first newsletter. We have come a long way over the past two years, thanks to an amazing group of dedicated volunteers, and we are just getting started. Please take time to review our seven featured cases highlighted in this newsletter. Our organization has done extensive research on these cases, and great care has been taken when deciding where to direct our efforts. We also encourage you to visit the Injustice Anywhere Forum. Our forum members discuss a wide range of topics involving wrongful convictions. Sarah Snyder took on the colossal task of building the forum in its critical early stages, leading it to be the successful resource that it is today. Doug Matthews does a great job of moderating the forum. Sometimes topics can get a bit heated, as we are often discussing controversial cases. Doug’s professionalism shines through whenever a situation needs to be resolved. Sarah and I would like to thank everyone that contributes to Injustice Anywhere, and we encourage Injustice Anywhere supporters to distribute this newsletter. We understand the challenges some may face when attempting to start a conversation about a wrongful conviction case. This newsletter is a great way to tell your friends and family about our organization, and may help to open the door to further conversation about a case or cases that you are interested in. -
Improving Access to Post-Conviction DNA Testing Kirk Noble Bloodsworth Spent a Policy Review Almost Nine Years in Prison
EDUCATION THE JUSTICE PROJECT FUND Improving Access to Post-Conviction DNA Testing Kirk Noble Bloodsworth spent A Policy Review almost nine years in prison for the rape and murder of nine-year-old Dawn Hamilton before DNA testing proved he did not commit the crime. To date, more than two-hundred wrongfully convicted people have been exonerated through Introduction .............................................. 1 post-conviction DNA testing. Problems & Solutions ........................... 2 The Legal Landscape ........................... 5 Benefits & Costs ..................................... 8 Profiles of Injustice ................................. 9 Snapshots of Success ........................ 13 Voices of Support ................................ 14 Questions & Answers ........................ 16 A Model Policy ..................................... 17 Statistics ................................................... 24 Literature ................................................. 24 “ When innocent people are convicted and the guilty are permitted to walk free, any meaningful reform effort must consider the root causes of these wrongful convictions and take steps to address them.” —PATRICK LEAHY SENIOR UNITED STATES SENATOR FROM VERMONT EDUCATION THE JUSTICE PROJECT FUND INTRODUCTION NA testing is a remarkable technology that has counsel for post-conviction DNA testing petitioners. Ddeveloped rapidly since the first accurate descrip- The federal government recognized the impor- tion of DNA in 1953 by scientists James Watson and tance -
Innocence Project: Dna Exonerations, 1989-2014: Review of Data and Findings from the First 25 Years
INNOCENCE PROJECT: DNA EXONERATIONS, 1989-2014: REVIEW OF DATA AND FINDINGS FROM THE FIRST 25 YEARS Emily West, Ph.D.* Vanessa Meterko, M.A.** I. INTRODUCTION During the last quarter century there have been 325 DNA exonerations in the United States (1989-2014). What seemingly started out as a few tragic examples of wrongful convictions has turned into a growing body of cases (and individuals), allowing for deep investigation and research to determine why these injustices occur and how they might be prevented. This 25-year mark provides a meaningful opportunity to reflect on what we have learned about the wrongful convictions and how they can inform the conversation around criminal justice policies and practices. As such, this report offers a first-time comprehensive review of data collected by the Innocence Project (IP) on DNA exonerations. It is designed to be a useful tool to better understand what these wrongful convictions involved and to promote more discourse and action on the issues across multiple arenas (academia, policy, litigation, journalism and the public). The data presented in this report comes from a comprehensive database developed by research staff at the IP. The information contained in the database comes from trial transcripts, police and forensic laboratory reports, public appeal decisions, post-conviction lawyers representing the * Former Research Director at the Innocence Project. Currently a Senior Research Associate at CUNY's Institute for State and Local Governance. ** Research Analyst at the Innocence Project in New York. 717 718 Albany Law Review [Vol. 79.3 exonerees and reputable media sources.1 The cases in the database and profiled on the IP website are not limited to those for which the IP provided counsel.