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Convicted But Innocent
Published by: mike 2008-06-28
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Most of us likely sleep easier when were told that a violent criminal terrorizing our neighborhood has been apprehended. But would we sleep as well if we knew that that person was actually innocent? Would we sleep as well if we knew the real criminal was still at large, just waiting for an opportunity to offend again? And if this criminal wasnt alone but was accompanied by thousands of others?

Our pleasant slumber has become a nightmare.

Unfortunately, this nightmare is all too real.

Organizations like Truth in Justice and The Innocence Project estimate that 5% to 10% of the U.S. prison population is factually innocent of the crimes for which they were convicted. (Figures in other countries are likely to be similar.)

In mid-2006 the U.S. Department of Justice put the population of federal, state, and local jails at about 2.2 million. Even using the conservative estimate of 5%, that would mean more than 100,000 of those are innocent. Again using DOJ figures, 50,000 of those may be serving time for violent crimes they didnt commit.

Do the math. For every innocent person behind bars, a guilty person still walks among us. 50,000 violent criminals, with no one pursuing them because, as far as the authorities--the police and the courts--are concerned, the crimes they committed have already been solved with the guilty safely behind bars.

To put a face to these figures, consider James Curtis Giles. James served ten years in prison for aggravated rape, then another ten years as a registered sex offender. His true crime? He happened to have a name similar to the man eventually identified as the likely real assailant, James Earl Giles.

Guilty Until Proven Innocent: An Analysis of Post-Furman Capital ::
Convicted but innocent. Thousand Oaks, CA: Sage. Johnson, D. (2000, May 21). No executions in Illinois until system is repaired. The New York Times, p. 20.
http://cjp.sagepub.com/cgi/content/refs/12/2/113
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Or consider Anthony Capozzi. Anthony served twenty years in prison for rape while the biological evidence that could have exonerated him sat forgotten in a hospital drawer.

Or consider Curtis McCarty who spent twenty-one years in prison--including sixteen years on death row--for murder. He was eventually exonerated by DNA testing, yet he should never have been convicted in the first place. Why was he? A forensic analyst intentionally falsified findings and destroyed evidence.
The Nineteenth Century - Google Books Result::
href=http://books.google.com/books?id=PDMAAAAAYAAJ&pg=PA569&lpg=PA569&dq=convicted+but+innocent&source=web&ots=9X9z-2ecPY&sig=2eiqpf3nxtUjmzgInAVGupLZzVU&hl=en class=l onmousedown=return clk(this.href,,,res,80,)>The Nineteenth Century - Google Books Result1896 - Nineteenth centuryBut I do believe that, where prisoners may not give evidence, not one innocent person in a thousand is convicted by a jury. I should be surprised to learn,
http://books.google.com/books?id=PDMAAAAAYAAJ&pg=PA569&lpg=PA569&dq=convicted+but+innocent&source=web&ots=9X9z-2ecPY&sig=2eiqpf3nxtUjmzgInAVGupLZzVU&hl=en
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CONVICTING AND UNCONVICTING THE INNOCENT - Professor Wilkes ::
Such information may be found in a few authoritative books, such as Convicted But Innocent (1996), by Ronald Huff, Arye Rattner and Edward Sagarin,
http://www.lawsch.uga.edu/academics/profiles/dwilkes_more/30convicting.html
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She was eventually fired for forensic fraud, but not before she testified in thousands of other cases.

Intentional misconduct on the part of police, forensic analysts, prosecutors, and judges is only one reason the innocent may be convicted. Theres also misidentification by witnesses, lies told by informants and snitches, unreliable laboratory science, poor physical evidence, and simple incompetence on the part of defense attorneys.

We may be inclined to dismiss cases of wrongful conviction by the assumption that those so convicted must have done something to incriminate themselves, that if they werent wholly guilty of the crimes for which they were convicted, they must have been guilty in some related case. We could assure ourselves that all we have to do to avoid their fate is to stay out of trouble.

If so, wed be deluding ourselves.

James Curtis Giles was at a restaurant eating dinner with his wife when the home invasion and subsequent rape for which he was convicted occurred.

Curtis McCarty had the simple misfortune of being acquainted with the person he did not murder, but he spent half his life in prison anyway.

These cases, and so many like them, underscore the fact that anyone can be wrongfully convicted. Living a quiet life and minding your own business is no guarantee of safety ... or justice.

So what can you do?

Support organizations like The Innocence Project and Truth in Justice. Petition your local politicians to enact laws and procedures that limit the likelihood of misidentification or reliance on biased informants or unauthenticated forensic testimony. Dont jump on the guilty bandwagon that condemns an accused before theres been a fair trial. And remember that, even after a trial, when the verdict has been read and sentence has been passed, an accused may still be innocent.




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