How prosecutors came to dominate the criminal-justice system

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_CY_

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US death row study: 4% of defendants sentenced to die are innocent

Deliberately conservative figure lays bare extent of possible miscarriages of justice suggesting that the innocence of more than 200 prisoners still in the system may never be recognised

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Death penalty
The single largest group of innocent death row inmates are neither exonerated and released nor executed, the study suggests. Rather, they are left in limbo.

Monday 28 April 2014

At least 4.1% of all defendants sentenced to death in the US in the modern era are innocent, according to the first major study to attempt to calculate how often states get it wrong in their wielding of the ultimate punishment.

A team of legal experts and statisticians from Michigan and Pennsylvania used the latest statistical techniques to produce a peer-reviewed estimate of the “dark figure” that lies behind the death penalty – how many of the more than 8,000 men and women who have been put on death row since the 1970s were falsely convicted.

The team arrived at a deliberately conservative figure that lays bare the extent of possible miscarriages of justice, suggesting that the innocence of more than 200 prisoners still in the system may never be recognised.

The study concludes that were all innocent people who were given death sentences to be cleared of their offences, the exoneration rate would rise from the actual rate of those released – 1.6% – to at least 4.1%. That is equivalent in the time frame of the study, 1973 to 2004, of about 340 prisoners – a much larger group than the 138 who were exonerated in the same period.

“This is a disturbing finding,” said Samuel Gross, a law professor at the University of Michigan law school who is the lead author of the research. “There are a large number of people who are sentenced to death, and despite our best efforts some of them have undoubtedly been executed.”

http://www.theguardian.com/world/2014/apr/28/death-penalty-study-4-percent-defendants-innocent
 

SoonerP226

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Cf Cameron Todd Willingham, for starters.
From what I've read, that one is murky as hell, but even if we accept the proposition that he was innocent, and that the others listed as "innocent" on that Wikipedia page are, in fact, innocent, the point remains that it is far from clear that "innocent people are being put to death by the courts every year." Five executions of possibly innocent people in forty years is a far cry from innocent "people" being put to death "every year."

I do find it telling that, of all the executions in Oklahoma over the last 20+ years, all of the protests have been over some side issue--none have been that the executed didn't commit the crime.
 

donner

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From what I've read, that one is murky as hell, but even if we accept the proposition that he was innocent, and that the others listed as "innocent" on that Wikipedia page are, in fact, innocent, the point remains that it is far from clear that "innocent people are being put to death by the courts every year." Five executions of possibly innocent people in forty years is a far cry from innocent "people" being put to death "every year."

I do find it telling that, of all the executions in Oklahoma over the last 20+ years, all of the protests have been over some side issue--none have been that the executed didn't commit the crime.

I certainly don't think states are executing innocent people at a high rate, but given one of your statements, i'm curious about something.

How many executions of innocent people is considered acceptable?

I am not trying to bait you with that question, but i am curious.

Also, here is a link to the texas monthly article that I read a few years ago and forced me to rethink my position on the death penalty. It's a long read, but is well done and i highly recommend it to anyone who is interested in our justice system.

http://www.texasmonthly.com/story/innocence-lost
 

SoonerP226

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How many executions of innocent people is considered acceptable?
I don't think any executions of innocent people are acceptable. That's why I think the bar for capital punishment should be very high, and marginal cases (like the Willingham case) shouldn't rise to that level--and why I think that prosecutors who engage in prosecutorial misconduct should be severely punished.

ETA: my bigger complaint was with the use of the rhetorical device "clearly, we's a-murderin' innocent folks left and right" than with concerns about the death penalty itself.
 

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From what I've read, that one is murky as hell, but even if we accept the proposition that he was innocent, and that the others listed as "innocent" on that Wikipedia page are, in fact, innocent, the point remains that it is far from clear that "innocent people are being put to death by the courts every year." Five executions of possibly innocent people in forty years is a far cry from innocent "people" being put to death "every year."

I do find it telling that, of all the executions in Oklahoma over the last 20+ years, all of the protests have been over some side issue--none have been that the executed didn't commit the crime.

get real .. if you think State of Oklahoma has never executed someone that's actually innocent?
prosecutors in Oklahoma are no different than in other states .. our prosecutors are human too and subject to the same weaknesses/abuses as other states.

look no further than OKC's Bob Macy if you want a few examples ..
http://www.innocenceproject.org/Con...Carty_is_Exonerated_Based_on_DNA_Evidence.php
 

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Start naming names. Who, in the last 40 years, has Oklahoma executed for a crime he did not commit?

ya right .. soooo you think that the state of Oklahoma is not possible of making any mistakes on capital crimes? and the 4% error rate is just doesn't apply to Oklahoma ...

it's all but impossible to prove an innocent was put to death after the fact ... not much question these two men cleared by DNA testing would have been executed had it not for the innocence project.

===============

Robert Miller spent nine years on Oklahoma’s death row for a murder and rape he didn’t commit before he was cleared by DNA testing in 1998.

Ron Williamson spent a decade on Oklahoma’s death row for a murder he didn’t commit before DNA testing secured by the Innocence Project proved him innocent in 1999. His co-defendant, Dennis Fritz, was sentenced to life and spent 11 years in prison before DNA cleared him as well.
 

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For Inclusion on DPIC's Innocence List:

Defendants must have been convicted, sentenced to death and subsequently either-

a. Been acquitted of all charges related to the crime that placed them on death row, or

b. Had all charges related to the crime that placed them on death row dismissed by the prosecution, or

c. Been granted a complete pardon based on evidence of innocence.

The list includes cases in which the release occurred 1973 or later.

NR* NAME ST RACE CONVICTED EXONERATED YEARS BETWEEN REASON DNA **
1 David Keaton FL B 1971 1973 2 Charges Dismissed
2 Samuel A. Poole NC B 1973 1974 1 Charges Dismissed
3 Wilbert Lee FL B 1963 1975 12 Pardoned
4 Freddie Pitts FL B 1963 1975 12 Pardoned
5 James Creamer GA W 1973 1975 2 Charges Dismissed
6 Christopher Spicer NC B 1973 1975 2 Acquitted
7 Thomas Gladish NM W 1974 1976 2 Charges Dismissed
8 Richard Greer NM W 1974 1976 2 Charges Dismissed
9 Ronald Keine NM W 1974 1976 2 Charges Dismissed
10 Clarence Smith NM W 1974 1976 2 Charges Dismissed
11 Delbert Tibbs FL B 1974 1977 3 Charges Dismissed
12 Earl Charles GA B 1975 1978 3 Charges Dismissed
13 Jonathan Treadway AZ W 1975 1978 3 Acquitted
14 Gary Beeman OH W 1976 1979 3 Acquitted
15 Jerry Banks GA B 1975 1980 5 Charges Dismissed
16 Larry Hicks IN B 1978 1980 2 Acquitted
17 Charles Ray Giddens OK B 1978 1981 3 Charges Dismissed
18 Michael Linder SC W 1979 1981 2 Acquitted
19 Johnny Ross LA B 1975 1981 6 Charges Dismissed
20 Ernest (Shujaa) Graham CA B 1976 1981 5 Acquitted
21 Annibal Jaramillo FL L 1981 1982 1 Charges Dismissed
22 Lawyer Johnson MA B 1971 1982 11 Charges Dismissed
23 Larry Fisher MS W 1984 1985 1 Acquitted
24 Anthony Brown FL B 1983 1986 3 Acquitted
25 Neil Ferber PA W 1982 1986 4 Charges Dismissed
26 Clifford Henry Bowen OK W 1981 1986 5 Charges Dismissed
27 Joseph Green Brown FL B 1974 1987 13 Charges Dismissed
28 Perry Cobb IL B 1979 1987 8 Acquitted
29 Darby (Jesse) Tillis IL B 1979 1987 8 Acquitted
30 Vernon McManus TX W 1977 1987 10 Charges Dismissed
31 Anthony Ray Peek FL B 1978 1987 9 Acquitted
32 Juan Ramos FL L 1983 1987 4 Acquitted
33 Robert Wallace GA B 1980 1987 7 Acquitted
34 Richard Neal Jones OK W 1983 1987 4 Acquitted
35 Willie Brown FL B 1983 1988 5 Charges Dismissed
36 Larry Troy FL B 1983 1988 5 Charges Dismissed
37 Randall Dale Adams TX W 1977 1989 12 Charges Dismissed
38 Robert Cox FL W 1988 1989 1 Charges Dismissed
39 James Richardson FL B 1968 1989 21 Charges Dismissed
40 Clarence Brandley TX B 1981 1990 9 Charges Dismissed
41 John C. Skelton TX W 1983 1990 7 Acquitted
42 Dale Johnston OH W 1984 1990 6 Charges Dismissed
43 Jimmy Lee Mathers AZ W 1987 1990 3 Acquitted
44 Gary Nelson GA B 1980 1991 11 Charges Dismissed
45 Bradley P. Scott FL W 1988 1991 3 Acquitted
46 Charles Smith IN B 1983 1991 8 Acquitted
47 Jay C. Smith PA W 1986 1992 6 Acquitted
48 Kirk Bloodsworth MD W 1984 1993 9 Charges Dismissed Yes
49 Federico M. Macias TX L 1984 1993 9 Charges Dismissed
50 Walter McMillian AL B 1988 1993 5 Charges Dismissed
51 Gregory R. Wilhoit OK W 1987 1993 6 Acquitted
52 James Robison AZ W 1977 1993 16 Acquitted
53 Muneer Deeb TX O 1985 1993 8 Acquitted
54 Andrew Golden FL W 1991 1994 3 Charges Dismissed
55 Adolph Munson OK B 1985 1995 10 Acquitted
56 Robert Charles Cruz AZ L 1981 1995 14 Acquitted
57 Rolando Cruz IL L 1985 1995 10 Acquitted Yes
58 Alejandro Hernandez IL L 1985 1995 10 Charges Dismissed Yes
59 Sabrina Butler MS B 1990 1995 5 Acquitted
60 Joseph Burrows IL W 1989 1996 7 Charges Dismissed
61 Verneal Jimerson IL B 1985 1996 11 Charges Dismissed Yes
62 Dennis Williams IL B 1979 1996 17 Charges Dismissed Yes
63 Roberto Miranda NV L 1982 1996 14 Charges Dismissed
64 Gary Gauger IL W 1993 1996 3 Charges Dismissed
65 Troy Lee Jones CA B 1982 1996 14 Charges Dismissed
66 Carl Lawson IL B 1990 1996 6 Acquitted
67 David Wayne Grannis AZ W 1991 1996 5 Charges Dismissed
68 Ricardo Aldape Guerra TX L 1982 1997 15 Charges Dismissed
69 Benjamin Harris WA B 1985 1997 12 Charges Dismissed
70 Robert Hayes FL B 1991 1997 6 Acquitted
71 Christopher McCrimmon AZ B 1993 1997 4 Acquitted
72 Randal Padgett AL W 1992 1997 5 Acquitted
73 Robert Lee Miller, Jr. OK B 1988 1998 10 Charges Dismissed Yes
74 Curtis Kyles LA B 1984 1998 14 Charges Dismissed
75 Shareef Cousin LA B 1996 1999 3 Charges Dismissed
76 Anthony Porter IL B 1983 1999 16 Charges Dismissed
77 Steven Smith IL B 1985 1999 14 Acquitted
78 Ronald Williamson OK W 1988 1999 11 Charges Dismissed Yes
79 Ronald Jones IL B 1989 1999 10 Charges Dismissed Yes
80 Clarence Dexter, Jr. MO W 1991 1999 8 Charges Dismissed
81 Warren Douglas Manning SC B 1989 1999 10 Acquitted
82 Alfred Rivera NC L 1997 1999 2 Charges Dismissed
83 Steve Manning IL W 1993 2000 7 Charges Dismissed
84 Eric Clemmons MO B 1987 2000 13 Acquitted
85 Joseph Nahume Green FL B 1993 2000 7 Charges Dismissed
86 Earl Washington VA B 1984 2000 16 Pardoned Yes
87 William Nieves PA L 1994 2000 6 Acquitted
88 Frank Lee Smith - died prior to exoneration FL B 1986 2000 ** 14 Charges Dismissed Yes
89 Michael Graham LA W 1987 2000 13 Charges Dismissed
90 Albert Burrell LA W 1987 2000 13 Charges Dismissed
91 Oscar Lee Morris CA B 1983 2000 17 Charges Dismissed
92 Peter Limone MA W 1968 2001 33 Charges Dismissed
93 Gary Drinkard AL W 1995 2001 6 Charges Dismissed
94 Joaquin Jose Martinez FL L 1997 2001 4 Acquitted
95 Jeremy Sheets NE W 1997 2001 4 Charges Dismissed
96 Charles Fain ID W 1983 2001 18 Charges Dismissed Yes
97 Juan Roberto Melendez FL L 1984 2002 18 Charges Dismissed
98 Ray Krone AZ W 1992 2002 10 Charges Dismissed Yes
99 Thomas Kimbell, Jr. PA W 1998 2002 4 Acquitted
100 Larry Osborne KY W 1999 2002 3 Charges Dismissed
101 Aaron Patterson IL B 1986 2003 17 Pardoned
102 Madison Hobley IL B 1987 2003 16 Pardoned
103 Leroy Orange IL B 1984 2003 19 Pardoned
104 Stanley Howard IL B 1987 2003 16 Pardoned
105 Rudolph Holton FL B 1986 2003 16 Charges Dismissed
106 Lemuel Prion AZ W 1999 2003 4 Charges Dismissed
107 Wesley Quick AL W 1997 2003 6 Acquitted
108 John Thompson LA B 1985 2003 18 Acquitted
109 Timothy Howard OH B 1976 2003 26 Charges Dismissed
110 Gary Lamar James OH B 1976 2003 26 Charges Dismissed
111 Joseph Amrine MO B 1986 2003 17 Charges Dismissed
112 Nicholas Yarris PA W 1982 2003 21 Charges Dismissed Yes
113 Alan Gell NC W 1998 2004 6 Acquitted
114 Gordon Steidl IL W 1987 2004 17 Charges Dismissed
115 Laurence Adams MA B 1974 2004 30 Charges Dismissed
116 Dan L. Bright LA B 1996 2004 8 Charges Dismissed
117 Ryan Matthews LA B 1999 2004 5 Charges Dismissed Yes
118 Ernest Ray Willis TX W 1987 2004 17 Charges Dismissed
119 Derrick Jamison OH B 1985 2005 20 Charges Dismissed
120 Harold Wilson PA B 1989 2005 16 Acquitted
121 John Ballard FL W 2003 2006 3 Acquitted
122 Curtis McCarty OK W 1986 2007 21 Charges Dismissed Yes
123 Michael McCormick TN W 1987 2007 20 Acquitted
124 Jonathon Hoffman NC B 1995 2007 12 Charges Dismissed
125 Kennedy Brewer MS B 1995 2008 13 Charges Dismissed Yes
126 Glen Chapman NC B 1994 2008 14 Charges Dismissed
127 Levon Jones NC B 1993 2008 15 Charges Dismissed
128 Michael Blair TX O 1994 2008 14 Charges Dismissed Yes
129 Nathson Fields IL B 1986 2009 23 Acquitted
130 Paul House TN W 1986 2009 23 Charges Dismissed
131 Daniel Wade Moore AL W 2002 2009 7 Acquitted
132 Ronald Kitchen IL B 1988 2009 21 Charges Dismissed
133 Herman Lindsey FL B 2006 2009 3 Acquitted
134 Michael Toney TX W 1999 2009 10 Charges Dismissed
135 Yancy Douglas OK B 1995 2009 14 Charges Dismissed
136 Paris Powell OK B 1997 2009 12 Charges Dismissed
137 Robert Springsteen TX W 2001 2009 8 Charges Dismissed
138 Anthony Graves TX B 1994 2010 16 Charges Dismissed
139 Gussie Vann TN W 1994 2011 17 Charges Dismissed
140 Joe D'Ambrosio OH W 1989 2012 23 Charges Dismissed
141 Damon Thibodeaux LA W 1997 2012 15 Charges Dismissed Yes
142 Seth Penalver FL W 1999 2012 13 Acquitted
143 Reginald Griffin MO B 1983 2013 30 Charges Dismissed
144 Glenn Ford LA B 1984 2014 30 Charges Dismissed
145 Carl Dausch FL W 2011 2014 3 Acquitted
146 Henry McCollum NC B 1984 2014 30 Charges Dismissed Yes
147 Leon Brown NC B 1984 2014 30 Charges Dismissed Yes
148 Ricky Jackson OH B 1975 2014 39 Charges Dismissed
149 Wiley Bridgeman OH B 1975 2014 39 Charges Dismissed
 

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