{"id":30442,"date":"2022-04-06T00:43:42","date_gmt":"2022-04-06T00:43:42","guid":{"rendered":"https:\/\/cjstudents.com\/?p=30442"},"modified":"2022-04-06T00:43:42","modified_gmt":"2022-04-06T00:43:42","slug":"shedding-light-on-our-scandalous-false-convictions-record","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/04\/06\/shedding-light-on-our-scandalous-false-convictions-record\/","title":{"rendered":"Shedding light on our scandalous false convictions record"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div>\n<p>On Feb. 22 <a target=\"_blank\" href=\"https:\/\/www.law.umich.edu\/special\/exoneration\/Pages\/casedetail.aspx?caseid=6166\" rel=\"noreferrer noopener\">Reynaldo Munoz<\/a> became the 3,000th incarcerated person whose U. S. criminal conviction was thrown out after it was determined that he had been falsely convicted. That is 3,000 known miscarriages of justice since the National Registry of Exonerations began tracking them in 1989. It is a staggering figure, but the real total is undoubtedly much higher.<\/p>\n<p>The Registry <a target=\"_blank\" href=\"https:\/\/www.law.umich.edu\/special\/exoneration\/Pages\/about.aspx\" rel=\"noreferrer noopener\">reports<\/a> that these 3,000 men and women who were falsely convicted spent a total of more than 25,000 years behind bars.<\/p>\n<p>Countless more <a target=\"_blank\" href=\"https:\/\/www.motherjones.com\/politics\/2011\/12\/innocent-people-us-prisons\/\" rel=\"noreferrer noopener\">remain behind bars<\/a>, despite the efforts of groups like <a target=\"_blank\" href=\"https:\/\/innocenceproject.org\/\" rel=\"noreferrer noopener\">The Innocence Project<\/a> to free the victims of miscarriages of justice.<\/p>\n<p>Research <a target=\"_blank\" href=\"https:\/\/thehighcourt.co\/wrongful-convictions-statistics\/#:~:text=Over%202400%20people%20have%20been%20exonerated%20in%20the%20United%20States%20since%201989.&amp;text=When%20it%20comes%20to%20the,individuals%20were%20exonerated%20in%202019.\" rel=\"noreferrer noopener\">suggests<\/a> that around 2 percent of currently incarcerated people are actually innocent.<\/p>\n<p>Most of those cases, and the names of the people who suffered such horrible injustices, are unknown to the American people. We don\u2019t know their stories or the systemic problems responsible for what happened to them. This anonymity is understandable given how common exonerations have become \u2014 and how hard it can be to ferret out the true stories of people locked away behind bars.<\/p>\n<p>Breaking through that anonymity and ignorance is essential if we are ever to face up to and address this national scandal. A few people have taken up this important work. They try to turn statistics into stories. Their work makes the human consequences of law\u2019s mistakes and injustices real to the rest of us.<\/p>\n<p>Munoz\u2019s case was unusual because it was <a target=\"_blank\" href=\"https:\/\/www.usatoday.com\/story\/news\/nation\/2022\/03\/09\/national-registry-exonerations-chicago-case-reynaldo-munoz\/9428361002\/\" rel=\"noreferrer noopener\">covered by USAToday<\/a>. But it made news only because of the happenstance and startling significance of his being the 3,000<sup>th<\/sup> exoneree. We need to ask about the fates of so many others, but Munoz\u2019s story can still serve as an exemplary case in how criminal justice can go horribly wrong.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\">\n<\/aside>\n<p>His nightmare saga began when he was arrested in Chicago in 1985. At the time, he was 16 years old. To be sure, Munoz had his flaws as a young man, and at the time of his arrest, he was a member of an infamous gang, the \u201cInsane Unknowns.\u201d<\/p>\n<p>Munoz was charged with shooting two young men, one of whom died from his wounds. While in custody Munoz was subject to hours of grueling questioning and reportedly beaten by <a target=\"_blank\" href=\"https:\/\/www.chicagoreporter.com\/wrongful-convictions-point-to-more-victims-of-chicago-detective-guevara\/\" rel=\"noreferrer noopener\">Reynaldo Guevara<\/a>, a detective <a target=\"_blank\" href=\"https:\/\/www.themarshallproject.org\/records\/5157-reynaldo-guevara\" rel=\"noreferrer noopener\">known<\/a> for his desire to clear crimes, regardless \u2014 <a target=\"_blank\" href=\"https:\/\/wgntv.com\/news\/wgn-investigates\/allegations-against-former-chicago-cop-cost-city-75m\/\" rel=\"noreferrer noopener\">apparently<\/a> \u2014 of whether the person he incriminated was actually guilty.<\/p>\n<p>Even that did not elicit a confession. Eventually Munoz was put in a lineup and identified as the shooter by the surviving victim. He was convicted of murder and attempted murder and served 30 years of a 60-year sentence before being paroled.<\/p>\n<p>Munoz, who insisted throughout his ordeal on his innocence, found a lawyer willing to pursue post-conviction review of his case. That review uncovered police misconduct, including concealing potentially exculpatory evidence found in police reports. That evidence was never shared with Munoz\u2019s original defense lawyers.<\/p>\n<p>The judge who heard this newly uncovered evidence <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/21399052-20220222-order-granting-pc-relief-1\" rel=\"noreferrer noopener\">vacated Munoz\u2019s conviction<\/a> and said \u201cIf even a fraction of the allegations included in this new evidence had been presented at trial \u2026 Munoz would likely [have] been acquitted.\u201d The prosecutor subsequently dismissed the charges against Munoz, almost 37 years after his arrest.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\">\n<\/aside>\n<p>The Munoz case involved many of the <a target=\"_blank\" href=\"https:\/\/www.colorado.edu\/outreach\/korey-wise-innocence-project\/our-work\/why-do-wrongful-convictions-happen\" rel=\"noreferrer noopener\">usual elements of wrongful conviction cases<\/a>, from faulty lineup identification to reckless policing and evidence withheld. The result was justice denied. \u00a0<\/p>\n<p>One study <a target=\"_blank\" href=\"https:\/\/www.colorado.edu\/outreach\/korey-wise-innocence-project\/our-work\/why-do-wrongful-convictions-happen\" rel=\"noreferrer noopener\">found<\/a> that 28 percent of all exonerations resulted from\u00a0\u201cmistaken eyewitness identification\u201d of the kind that helped send Munoz to jail. It noted that \u201clineups and photo arrays can be suggestive and lead a witness to pick the wrong person.\u201d<\/p>\n<p>A shocking 54 percent of false conviction cases involved police or prosecutorial misconduct.<\/p>\n<p>But the public generally does not know these facts \u2014 or the extent of the miscarriages of justice to which they lead \u2014 because wrongful convictions receive little or no attention, even when they result in an exoneration. Nothing about the people freed since Munoz was released caught the attention of the press or the media. Each was just another name in a long line of people whose lives were turned upside down by a false conviction.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\">\n<\/aside>\n<p>Most of the work now being done to shed light on miscarriages of justice in this country is being <a target=\"_blank\" href=\"https:\/\/qz.com\/1101889\/the-unlikely-role-of-true-crime-podcasts-in-criminal-justice-reform\/\" rel=\"noreferrer noopener\">done by podcasts<\/a> rather than by traditional journalists. While there are many true crime podcasts \u2014 of the kind spoofed in the Hulu Series \u201c<a target=\"_blank\" href=\"https:\/\/www.hulu.com\/series\/only-murders-in-the-building-ef31c7e1-cd0f-4e07-848d-1cbfedb50ddf\" rel=\"noreferrer noopener\">Only Murders in the Building<\/a>\u201d \u2014 only a few have succeeded in using long form interviews and investigations to aid people who should not be behind bars.<\/p>\n<p>To understand the role of podcasts in this work, I talked to Maggie Freleng, one of this country\u2019s most successful podcasters, who is launching a new podcast, \u201cWrongful Conviction with Maggie Freleng.\u201d She doesn\u2019t need the gig. She has already <a target=\"_blank\" href=\"http:\/\/www.maggiefreleng.com\/about.html\" rel=\"noreferrer noopener\">achieved success<\/a> with the\u00a0\u201c<em>Murder in Alliance\u201d<\/em>\u00a0and\u00a0\u201c<em>Unjust and Unsolved<\/em>\u201d podcasts and has been named an \u201cNPR Next Generation Radio fellow,\u201d and counted in Ford Foundation\u2019s \u201c50 Women Can Change the World in Journalism.\u201d<\/p>\n<p>Freleng told me she was doing her new podcast to deal with the fact that most people know so little about miscarriages of justice. As she put it, there is \u201cso much to be done\u201d to help Americans come to terms with the injustices done in our name. Hers, she said, is a \u201csocial justice project.\u201d Freleng argues that podcasts do the work of \u201chumanizing\u201d people in prison and giving listeners \u201ca reason to care.\u201d<\/p>\n<p>Shedding light on wrongful convictions, she contends, requires digging deep and grappling with the systemic problems that lead to the thousands of mistakes that our criminal justice system makes every year. Podcasts, Freleng says, help break through the \u201ceverybody behind bars claims they\u2019re innocent\u201d cynicism that surrounds popular discourse about wrongful convictions.<\/p>\n<p>Podcasts offer listeners a chance to hear for themselves the various people interviewed \u2014 and like testimony in court, listeners hear not only what is said but how it is said.<\/p>\n<aside class=\"thehill-promo-link\"><a target=\"_blank\" href=\"https:\/\/thehill.com\/opinion\/white-house\/3259852-should-the-biden-administration-be-lowering-gas-prices\/\" class=\"thehill-promo-link__link\" rel=\"noopener\"><br \/>\n\t\tShould the Biden administration be lowering gas prices?\t<\/a><br \/>\n\t\t<a target=\"_blank\" href=\"https:\/\/thehill.com\/opinion\/energy-environment\/3259654-us-doesnt-need-to-turn-its-back-on-climate-to-tackle-rising-energy-demand\/\" class=\"thehill-promo-link__link\" rel=\"noopener\"><br \/>\n\t\tUS doesn\u2019t need to turn its back on climate to tackle rising energy demand\t<\/a><br \/>\n\t<\/aside>\n<p>But podcasts do more than simply tell the stories of miscarriages of justice. They are, Freleng says, a call to action, a rallying cry for Americans to demand change for those whose stories they tell \u2014 and in the system responsible for the more than 3,000 people America has unjustly sent to prison and now set free.<\/p>\n<p>Wrongful conviction podcasts remind us, as Nelson Mandela once <a target=\"_blank\" href=\"https:\/\/www.tribuneindia.com\/news\/thoughtfortheday\/as-long-as-poverty-injustice-and-gross-inequality-persist-in-our-world-none-of-us-can-truly-rest-%E2%80%94-nelson-mandela-156905\" rel=\"noreferrer noopener\">said<\/a>, that \u201cso long as injustice \u2026 persists in our world, none of us can truly rest.\u201d<\/p>\n<p><em>Austin Sarat (<\/em><a target=\"_blank\" rel=\"noreferrer noopener\" href=\"https:\/\/www.twitter.com\/ljstprof\"><em>@ljstprof<\/em><\/a><em>) is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. The views expressed here do not represent Amherst College.<\/em><\/p>\n<\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/>\n<br \/>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/thehill.com\/opinion\/judiciary\/3260040-shedding-light-on-our-scandalous-false-convictions-record\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] On Feb. 22 Reynaldo Munoz became the 3,000th incarcerated person whose U. S. criminal&#8230;<\/p>\n","protected":false},"author":1,"featured_media":30443,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-30442","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-research"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30442","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=30442"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30442\/revisions"}],"predecessor-version":[{"id":30444,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30442\/revisions\/30444"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/30443"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=30442"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=30442"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=30442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}