Innocence Project: Difference between revisions
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Latest revision as of 15:34, 23 September 2024
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The Innocence Project is a legal clinic at Benjamin Cardozo Law School in New York. It was founded in 1992, by lawyers Barry C. Scheck and Peter J. Neufeld, to represent prisoners who could be proved, by DNA testing, innocent[1] of the crimes of which they were convicted and for which they were serving, or had served, time in prison. Of the first 194 prisoners exonerated[2] by the Project, 14 had been on death row, sentenced to be executed, and the average length of time the 194 had been wrongly incarcerated was 12 years. The weekly U.S. news magazine Time reported in its issue dated April 23, 2007, that from its first reversal of a conviction in 1989 to its 198th in April 2007, the Innocence Project had exonerated current or former prisoners in 32 states. In 72 of those cases, the DNA evidence not only cleared the wrongly convicted person but also identified the real perpetrator. Time reported in its June 18, 2007, issue that the first 202 convicts freed[3] by the Innocence Project had served a total of 2,496 years in prison and estimated that 45% of them had been compensated by the governments that wrongly convicted them, in amounts from $25,000 to $12.2 million.
Legal termsIn the field of law, words or phrases with specific legal meanings beyond their definitions in ordinary usage are called "words of art" or "terms of art." Here are some of those meanings, under U.S. law, for such terms in this article:
Actual innocence is neither necessary nor sufficient to get a conviction overturned: Once a person has been convicted, the only legal basis for challenging the conviction is that (1) there was some legal mistake in the process leading to it, and (2) if not for that legal mistake, the person should have been acquitted. So just proving that the person was factually innocent of the crime, by itself, is not enough, but proving someone bribed the judge or jury to convict, for example, may be enough, without proving the person was innocent. New evidence is sometimes sufficient to get a conviction overturned: Evidence that could have been introduced at trial, but was not, is not a legal basis for getting the conviction invalidated (even if it unequivocally proves the accused person was innocent of the crime), but evidence that became available only after the conviction is a legal basis for an application to invalidate the conviction: If the court decides the new evidence should have led to an acquittal at trial, it will reverse the conviction, reinstate the charges, and order a new trial on them. Sometimes, however, the new evidence actually proves the convicted person was innocent and in a more perfect world would not even have been charged, and then the court will reverse the conviction and dismiss the charges, and that is an "exoneration." DNA is often "new evidence": The results of DNA analyses are often "new evidence," within the applicable legal definitions, because: (1) the technology has developed since the time of the trial, making new kinds of tests possible; and/or (2) the defendant could not afford to pay for DNA analyses, and the prosecution chose not to have them performed before the trial.
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