Exam Review Notes on Wrongful Convictions and Innocence

Exam Overview

• Exam Date: April 11th from 7 PM – 9 PM
• Location: CHA213
• Weight: 40% of final grade
• Format: Multiple-choice (concept-based, not fact-based)
• Preparation Note: Review as a study guide, but it won't cover everything; some material might not appear on the exam.

Exam Topics

• Introduction to Wrongful Conviction
• The Legal System: Police Investigations
• The Legal System: Courts
• The Legal System: Potential Solutions Before Wrongful Conviction
• The Experience of Wrongful Incarceration
• The Narratives of Wrongful Conviction
• Innocence Organizations During Wrongful Incarceration
• Righting a Wrongful Conviction
• Reintegrating into Society
• Media and Public Perceptions Post-Exoneration

Introduction to Wrongful Conviction

• Eyewitness Misidentification:
  • Incorrect identification of a suspect by a witness/victim
  • Accounts for nearly 30% of wrongful convictions.
  • Memory Factors:
  • Estimator Variables: External factors (age, race, lighting, etc.)
  • System Variables: Police-controlled factors (line-up procedures, witness instructions).

The Legal System: Police Investigations

• Tunnel Vision:
  • Ignoring contradictory evidence to maintain a specific theory.
• Bias Types in Police:
  • Confirmation Bias: Seeking evidence that supports existing beliefs.
  • Hindsight Bias: Reevaluating decisions based on outcomes.
  • Outcome Bias: Judging decisions based on known results.
• Police Misconduct: Illegal actions that influence outcomes, such as planting evidence.
• False Confessions:
  • Contribute to 13-15% of exonerations.
  • Types:
  • Voluntary: No pressure, willingly confessed.
  • Stress-Compliant: Confesses due to exhaustion.
  • Coerced-Compliant: Confesses for a reward.
  • Coerced-Persuaded: Confensed after prolonged interrogation.
  • Influenced by personal characteristics (age, mental health).

The Legal System: Courts

• Prosecutor Misconduct:
  • Concealing exculpatory evidence or presenting unreliable evidence.
  • Presenting flawed scientific evidence or unfair jury manipulations.
• Defense Attorney Misconduct:
  • Failure to investigate, ethical violations, ineffective assistance of counsel.
  • Underfunding issues among public defenders with racial biases.
• Judicial Influence:
  • Judges have discretion impacting wrongful convictions based on admissibility of evidence.

The Legal System: Potential Solutions

• Best Practices for Police Lineups:
  • Utilize live over photo line-ups, ensure double-blind procedures, and record identifications.
• Mitigating Tunnel Vision:
  • Train officers to avoid jumping to conclusions.
• Conviction Integrity Units: Org focused on identifying/remedying false convictions.

The Legal System: Wrongful Incarceration

• Institutionalization:
  • Psychological impacts of imprisonment (dependence, PTSD).
• Research on Prison Experiences:
  • Innocent inmates often face unique challenges and stigma.

Righting a Wrongful Conviction

• Canadian Appeal Process: 6-18 months; outcomes include dismissal or retrial.
• Post-Convictions Reviews: Conducted after appeal exhaustion; can revisit cases if new information emerges.

Reintegrating into Society

• Barriers:
  • Financial, mental health, employment, and societal perception barriers post-release.
• Post-Traumatic Growth:
  • Positive change post-trauma; can involve relational improvements and personal growth.

Perceptions Post-Exoneration

• Exonerees face societal stigma despite public stating they don't stigmatize.
• Race and confession type influence public perception; exoneration perceptions can change through education and media representation.

Media Representations

• False narratives regarding innocence can perpetuate stigma.
• Positive outcomes can result from accurate media portrayals leading to better public understanding and support for compensation.
• Expungement Issues: Statistically linked to re-offending; highlights need for public awareness and improvement in supporting exonerees.