One of the most well-known and frequently quoted legal maxims is this: it is “better that ten guilty persons escape than that one innocent suffer.” That was written by Sir William Blackstone in 1765, but it is far from the first or only expression of the idea....
Brady violations
When does the use of jailhouse snitches violate people’s rights?
Once a person has a criminal defense lawyer, the government should only communicate through that lawyer. It should never go behind the lawyer’s back and attempt to continue to interrogate the client. Doing so is a violation of the Sixth Amendment’s right to counsel in...
Now exonerated of murder, man had same name as suspect
Thomas Raynard James has now spent more than half of his life in prison. Over 31 years were stolen from him by a wrongful conviction based on a series of mistakes that led to a mistaken identification. Never once did he give up trying to prove his innocence, and now...
Held pretrial for 4 years, 2 men were exonerated and are now suing
It was a shocking and terrible crime. In 2016, two gunmen acted in concert to drive partygoers to a Pittsburgh-area house’s back porch and then shoot them. Five people, including a woman who was eight months pregnant, were killed. A sixth person was paralyzed and died...
Alabama DA reviews death penalty case, finds obvious problems
District attorneys around the U.S. are reviewing past convictions for evidence that they were wrongful. Unfortunately, there are many situations that can lead to wrongful convictions. Recently, the DA for Jefferson County, Alabama, reviewed Toforest Johnson’s...
Coercive interrogation, false diagnosis point to wrongful plea
In 2005, an infant died in Amy Wilkerson’s care. She picked him up to feed him a bottle, and he made a terrible face, almost gasping for air, she says. Then he went limp. She called 911 and performed CPR. The baby was taken to a hospital, but he was taken off of life...
What should prosecutors do when they know an officer lies?
It's a controversial subject, but we live in a harsh world. Some police officers lie. Some have a documented history of misconduct, including lying or other acts that call their truthfulness into question. If they do, this history should be available to the defense so...
SCOTUS: Can prosecutors withhold evidence before guilty pleas?
In 1963, the U.S. Supreme Court held in Brady v. Maryland that police and prosecutors are legally bound to turn over so-called "exculpatory" evidence to the defense before trial. Exculpatory evidence is most anything favorable to the defense. It can be evidence that...
65-year-old spent over 45 years in prison before exoneration
When Wilbert Jones was 19, he was arrested. He was convicted of aggravated rape based entirely on a highly questionable identification by the victim, according to the judge who recently released him. The woman, a nurse, had picked him out of a lineup months after the...