"Exonerated" redirects here. For the legal film, see The Exonerated.
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| Criminal procedure |
| Criminal trials and convictions |
| Rights of the accused |
- Fair trial
- Speedy trial
- Jury trial
- Counsel
- Presumption of innocence
- Exclusionary rule1
- Self-incrimination
- Double jeopardy2
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| Verdict |
- Conviction
- Acquittal
- Not proven3
- Directed verdict
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| Sentencing |
- Mandatory
- Suspended
- Custodial
- Discharge
- Guidelines
- Totality5, 6
- Dangerous offender4, 5
- Capital punishment
- Execution warrant
- Cruel and unusual punishment
- Life imprisonment
- Indefinite imprisonment
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| Post-sentencing |
- Parole
- Probation
- Tariff 6
- Life licence6
- Miscarriage of justice
- Exoneration
- Pardon
- Sex offender registration
- Sexually violent predator legislation1
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| Related areas of law |
- Criminal defenses
- Criminal law
- Evidence
- Civil procedure
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| Portals |
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- 1 US courts
- 2 Not in English/Welsh courts
- 3 Scottish courts
- 4 English/Welsh courts
- 5 Canadian courts
- 6 UK courts
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Exoneration occurs when the conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially where new evidence is put forth after the execution has taken place.
The term "exoneration" also is used in criminal law to indicate a surety bail bond has been satisfied, completed, and exonerated. The judge orders the bond exonerated; the clerk of court time stamps the original bail bond power and indicates exonerated as the judicial order.
Contents
- 1 Based on DNA evidence
- 2 See also
- 3 References
- 4 External links
Based on DNA evidence
DNA evidence is a relatively new instrument of exoneration. The first convicted defendant from a United States prison to be released on account of DNA testing was David Vasquez, in 1989. Recently, DNA evidence has been used to exonerate a number of persons either on death row or serving lengthy prison sentences. As of October 2003[update], the number of states authorizing convicts to request DNA testing on their behalf, since 1999, has increased from two to thirty. Access to DNA testing varies greatly by degree; post-conviction tests can be difficult to acquire. Organizations like the Innocence Project are particularly concerned with the exoneration of those who have been convicted based on weak evidence. As of October 2003, prosecutors of criminal cases must approve the defendant's request for DNA testing in certain cases. In other contexts, to exonerate can mean simply to free somebody from blame or guilt: to declare officially that somebody is not to blame or is not guilty of wrongdoing.
Monday, April 23, 2007, Jerry Miller became the 200th person in the United States exonerated through the use of DNA evidence.[1] There is a national campaign in support of the formation of state Innocence Commissions, statewide entities that identify causes of wrongful convictions and develop state reforms that can improve the criminal justice system.
In a February 4, 2014 NPR article, Laura Sullivan cited Samuel Gross, a University of Michigan law professor stating that exonerations were on the rise, and not just because of DNA evidence. Only one-fifth of the exonerations last year relied on newly tested DNA, a little less than a third of exonerations occurred due to further investigating by law enforcement agencies.[2]
See also
- National Registry of Exonerations
- List of exonerated death row inmates
- List of wrongful convictions in the United States
References
- ^ [1] The Innocence Project - Know the Cases: Browse Profiles:Jerry Miller
- ^ Sullivan, Laura (4 Feb 2014). "Exonerations On The Rise, And Not Just Because Of DNA". NPR. Retrieved 4 February 2014.
External links
- National Registry of Exonerations, a registry of exonerations in the United States since 1989; a joint project of the University of Michigan Law School and Northwestern University School of Law
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Miscarriage of justice
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| Types of misconduct |
- Prosecutorial misconduct
- Police misconduct
- Selective prosecution
- Malicious prosecution
- Selective enforcement
- Abuse of process
- Attorney misconduct
- Abuse of discretion
- Entrapment
- False arrest
- Gaming the system
- Legal malpractice
- Kangaroo court
- Sharp practice
- Jury tampering
- Witness tampering
- Brady disclosure
- Spoliation of evidence
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| False evidence |
- Forced confession
- False accusation of rape
- False allegation of child sexual abuse
- Police perjury
- False accusation
- Mistaken identity
- Eyewitness memory
- Misinformation effect
- Tampering with evidence
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| Wrongful convictions |
- List of wrongful convictions in the United States
- List of exonerated death row inmates
- Miscarriage of justice
- List of miscarriage of justice cases
- Overturned convictions in the United States
- Wrongful execution
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| Advocacy |
- Innocence Project
- National Registry of Exonerations
- Investigating Innocence
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| Related concepts |
- Legal ethics
- Exculpatory evidence
- Right to a fair trial
- Race in the United States criminal justice system
- Capital punishment in the United States
- Innocent prisoner's dilemma
- Racial profiling
- Loophole
- Ineffective assistance of counsel
- Show trial
- Actual innocence
- Cross-race effect
- Eyewitness memory
- Eyewitness identification
- Equal Protection Clause
- Batson v. Kentucky
- List of United States death row inmates
- Prosecutor's fallacy
- Innocence Protection Act
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