Erroneous Convictions for Less Serious Crimes….SCOTUS, Alabama, and Gay Marriage….Loretta Lynch….and Efforts to Reduce Racial Tension Between Cops and CommunitiesFebruary 10th, 2015 by Taylor Walker
WRONGFUL CONVICTIONS FOR LOWER-LEVEL CRIMES FALL THROUGH THE CRACKS
The Crime Report’s David Krajicek has an outstanding longread about the lower-priority wrongful convictions that fly under the radar while innocence groups zero in on people serving life sentences, or those on death row.
While no one truly knows the scope of wrongful convictions in America, experts feel certain that each year, thousands of people receive undeserved convictions for lower-level crimes, like robbery and assault, without ever being exonerated. The wrongfully convicted in this category will likely take plea deals, serve their time, and forgo hiring an expensive lawyer to fight for their exculpation.
And, when innocence groups win exonerations for murder (and rape) convictions, it is, more often than not, through new DNA testing. Unfortunately, DNA evidence is rarely collected or tested for more minor crimes. It makes more sense for lifers and those on death row to be given priority, not just because of the severity of the punishment, but because it usually takes more than five years to prove innocence. People convicted of lower-level offenses generally will not serve that much time behind bars.
Here’s the opening of Krajicek’s multilayered project (we recommend reading all of the side stories, if you can):
When Rachel Jernigan was falsely accused of robbing a Gilbert, Ariz., bank 15 years ago, she expected the American criminal justice system to do the right thing.
“They tried to get me to plead guilty,” Jernigan says. “They told me they were going to give me 27 years (in prison). But I said I’m not going to plead guilty for something I didn’t do. I really believed I was going to come home from my trial. I was shocked when the jury found me guilty.”
Sentenced to 14 years, she spent more than seven years in prison before the real robber was identified by Jernigan’s determination and a fluke twist.
“If it can happen to me,” Jernigan says, “it can happen to anyone.”
And it does.
In a sense, Jernigan was a lucky exception.
Experts believe that thousands of people are wrongfully convicted each year in America for the types of crimes that Jernigan was charged with—second-tier felonies like robbery, burglary and assault. And when misdemeanors and driving infractions are included, the number of flawed convictions increases exponentially.
Yet only a tiny fraction of these cases are ever exposed. The cadre of criminologists and law professors who study wrongful convictions regard these missing exonerations as one of the great mysteries of American criminal justice.
Many believe the victims are likely the low-hanging fruit of the justice machine, poor men and women who don’t have the wherewithal to pursue justice.
They likely do what Jernigan was not willing to do: suck it up and accept a plea deal.
“My own somewhat unstudied, seat-of-the-pants estimation is that a lot of working-class folks are probably pretty cynical about the world,” says Marvin Zalman of Wayne State University, a leading wrongful convictions scholar. “And I think that when they get convicted of relatively minor stuff where they didn’t do anything wrong, they just chalk it up to a bad experience, do their time, and simply move on.”
Most who are convicted of minor crimes are unlikely to pony up a retainer—typically $25,000 or much more—to hire a lawyer to seek justice. Nor can they expect help from the community of innocence advocates, who focus on cases where DNA can provide irrefutable evidence of innocence—usually homicides and rapes.
“Unfortunately, the Innocence Project would never take cases like these,” says Mitchell Beers, a South Florida criminal defense attorney who won an assault exoneration in 2006.
About 6,000 people a year ask for help from the Innocence Project, a network of about 65 largely autonomous organizations. It has about 250 active cases at any given time, and nearly all of them focus on DNA evidence, says spokesman Paul Cates.
“We are still very committed to taking cases where DNA evidence is available to prove innocence,” says Cates. “That might change at some point down the road, but the thinking is that DNA is still kind of the gold standard in proving innocence.”
The Innocence Project has had a role in 325 exonerations since it was founded in 1992; just eight of them did not involve DNA cases: four home invasions, three car carjackings and one robbery…
Biological evidence is collected in just one of five crimes, nearly all of them murders or rapes. A 2010 study for the National Institute of Justice said fewer than 10 percent cent of assaults, burglaries and robberies had physical evidence examined in crime labs, compared with 81 percent for murders.
So how vast is the trove of undiscovered wrongful convictions? No one knows for sure, because there is little empirical evidence. Zalman calls wrongful convictions “one of the most remarkably loose areas of analysis in the criminal justice field.”
As Sam Gross, a University of Michigan law professor and editor of the National Registry of Exonerations, has written, “The fundamental problem with false convictions is also one of their defining features: they are hidden from view…”
US SUPREME COURT GIVES GO AHEAD FOR GAY MARRIAGES IN ALABAMA, POINTS TO FUTURE HIGH COURT DECISION
In a meaningful 7-2 ruling that shut down Alabama Supreme Court Chief Justice Roy Moore’s eleventh-hour attempt to suspend gay marriage for Alabamians, the US Supreme Court may have indicated which way the justices will rule when they hear four gay marriage cases this spring.
The New Yorker’s Amy Davidsonhas the story. Here’s a clip:
The Supreme Court has stopped the efforts of Justice Roy Moore, the chief judge of the Alabama Supreme Court, to stand in the wedding aisle and block the marriages of same-sex couples in his state. There was no case on marriage before Moore; he had intervened, loudly, when U.S. District Judge Callie V. S. Granade, whose courtroom is in Mobile, ruled that the state’s anti-marriage laws were unconstitutional. Her ruling was stayed, but only until Monday morning. That, apparently, made Moore angry. First, he said that probate judges didn’t have to abide by the federal decision if they didn’t want to—a remarkable stance in itself. Then, when it seemed that judges might not turn away loving couples, he issued an order declaring that they were forbidden to respect the decision. The Alabama Attorney General asked for an emergency stay from the Supreme Court, saying that the state would be irreparably harmed if couples went ahead and married. The Court turned them down. By noon on Monday, news reports were full of pictures of people holding bouquets, bearing rings, and kissing their new spouses. [Update, 6:30 P.M., Monday: By the end of the business day, probate judges in more than a dozen of Alabama’s sixty-seven counties had issued same-sex marriage licenses; many others, though, denied them, only took applications, or closed their doors entirely.]
The Supreme Court’s decision was important on a number of counts. First, for the families of Alabama that have been denied the protection and respect that comes with marriage. Second, it is a strong sign that the Court, which is set to hear arguments this spring on whether there is a fifty-state constitutional right to same-sex marriage, knows where it is headed, and it is in the direction of equality. (The order was accompanied by a dissent signed only by Justices Antonin Scalia and Clarence Thomas, whose main argument was that the Court should allow states to wait for its final ruling on “this important constitutional question.”) Third, it made it clear that there is a definite federal interest in the marriage issue.
BILLS DRAFTED ACROSS THE NATION AFTER DEATHS OF UNARMED BLACK MEN
In the aftermath of a spate of controversial killings by police officers of unarmed black men (Michael Brown, Eric Garner, Ezell Ford, and 12-year-old Tamir Rice), bills have cropped up in at least thirteen states to increase law enforcement transparency and improve police-community relations. Efforts include bipartisan bills to put body cameras on cops and proposed changes to the way deaths at the hands of cops are recorded.
The Washington Post’s Reid Wilson has more on the issue. Here’s a clip:
“There is a concrete coherent legislative agenda that we are pushing for,” said Cornell Brooks, president and chief executive of the NAACP. “We’ve been doing this from state capital to state capital, as well as here in Washington, D.C.”
Some of the proposed responses have bipartisan support. In other cases, familiar partisan divides between Republicans and Democrats, and civil rights groups and police organizations, are emerging and slowing down legislative action.
Those partisan fissures are exacerbated by events beyond Ferguson, Staten Island and Cleveland. In Albuquerque, N.M., two officers were charged last month with first-degree murder in the 2014 shooting of a homeless, mentally ill man who had been camping illegally. In Springfield, Mo., a police officer was shot in the head while on patrol; he suffered career-ending injuries.
“Our citizens deserve to be and feel safe, and our law enforcement deserve our respect and support,” said Missouri Rep. Lincoln Hough (R). “I say all that to illustrate the complexity of these issues. There is not a one size fits all approach to this issue.”
Brooks and other civil rights leaders have vowed 2015 will be a year of legislative strategy, pressuring statehouses to pass state-level laws concerning special prosecutors and grand juries while pushing for broader legislative steps in Washington D.C.
Body camera legislation is at the forefront of that push. Civil rights groups like the NAACP, The Advancement Project and the American Civil Liberties Union are behind many of the body camera proposals, and the Obama administration has allocated $263 million for a three-year program to expand training for local police departments, including $75 million that would purchase 50,000 cameras through a matching program.
IN THE SAME VEIN…US AG NOMINEE LORETTA LYNCH POISED TO TAKE ON POLICE-COMMUNITY RELATIONS
US Attorney General nominee Loretta Lynch, will be the first black female AG if confirmed, and says she will focus on mending relations and calming racial tensions between law enforcement agencies and their communities.
The Hill’s Tim Devaney has more on the issue and why advocates and lawmakers believe Loretta is suited to the task. Here’s a clip:
As a black woman with strong law-and-order credentials, Lynch, observers say, would be uniquely positioned to ease strained relations between police and minority communities they serve.
Lynch’s reputation for being a hard-nosed, impartial prosecutor has won her wide support from civil rights advocates, law enforcement, Democrats and even some Republicans.
This will serve her well as she seeks to “resolve the tensions” between law enforcement and the African American community, said Sen. Patrick Leahy, the top Democrat on the Judiciary Committee.
“She has prosecuted those who have committed crimes against police officers, as well as police officers who have committed crimes,” Leahy (D-Vt.) said during her confirmation hearing.
Lynch has earned the trust of civil rights groups by pursing cases of police brutality.
During her time as a federal prosecutor in New York, Lynch went after a police officer accused of sodomizing a Haitian immigrant with a stick in a precinct bathroom.
More recently, she was assigned to investigate the Eric Garner case.
As the “face of law enforcement,” Lynch will have the opportunity to improve public perceptions of police, said Hilary Shelton, Washington bureau director of the National Association for the Advancement of Colored People…
Lynch promised to “draw all voices” into the conversation about reforming law enforcement and cracking down on cases of police misconduct.
“She has to be a person who brings both sides together, police and the community,” Rep. Elijah Cummings (D-Md.), former chairman of the Congressional Black Caucus, told The Hill.