The Changing Nature of Exonerations

Hannah Beery — March 11, 2014 @ 12:49 PM — Comments (0)

Across the country the “face of exonerations” are changing, and changing quickly. Last year in the United States there were 83 exonerations. Only 13 of these were based on DNA evidence. Ultimately, DNA is useful in only 5-10% of all cases, usually the ‘who dunnit’ type cases. Surprisingly, women make up the fastest growing population in prisons, and most cases involving female crimes are not DNA case, according to an article by TIME Magazine.

So what can we do to help the other 90% of cases?

Well, Texas has taken on this problem by passing legislature recognizing faulty forensic evidence as a basis for post-conviction release.

In Chicago, a federal judge issued a ruling finding “actual innocence” in a case based on shaken baby syndrome. Without the presence of DNA evidence, Jennifer Del Prete proved that it was impossible a jury could have found her guilty of murdering the child in her care. This has developed the idea that shaken baby syndrome is “more of an article of faith than a proposition of science”, according to U.S. District Judge Matthew Kennelly. Del Prete has not yet been exonerated, but it is likely she will be. When this happens her case is expected to follow in the footsteps of the non-DNA exonerations we had in 2013.

Recognizing the fact that not all wrongful conviction cases involve DNA, everyone in the criminal justice process must understand that wrongful convictions involve misidentifications, false confessions, and invalid forensic science, and be open to other avenues to prove actual innocence. While many states have taken this first step, there are also many who haven’t.

Check out this article from TIME Magazine by Deborah Tuerkheimer, Professor of Law at DePaul University College of Law, that goes more in-depth on this particular exoneration topic and was used as a resource for this blog post.

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