Life after Death Row examines the post-incarceration struggles of individuals who have been wrongly convicted of capital crimes, sentenced to death, and subsequently exonerated.
Saundra D. Westervelt and Kimberly J. Cook present eighteen exonerees’ stories, focusing on three central areas: the invisibility of the innocent after release, the complicity of the justice system in that invisibility, and personal trauma management. Contrary to popular belief, exonerees are not automatically compensated by the state or provided adequate assistance in the transition to post-prison life. With no time and little support, many struggle to find homes, financial security, and community. They have limited or obsolete employment skills and difficulty managing such daily tasks as grocery shopping or banking. They struggle to regain independence, self-sufficiency, and identity.
Drawing upon research on trauma, recovery, coping, and stigma, the authors weave a nuanced fabric of grief, loss, resilience, hope, and meaning to provide the richest account to date of the struggles faced by people striving to reclaim their lives after years of wrongful incarceration.
In Rendition to Torture, Alan W. Clarke explains how the United States adopted torture as a matter of official policy; how and why it turned to extraordinary rendition as a way to outsource more extreme, mutilating forms of torture; and outlines the steps the United States took to hide its abuses. Many adverse consequences attended American use of torture. False information gleaned from torture was used to justify the Iraq war, adding potency to the charge that the war was illegal under international law. Moreover, European nations and Canada aided, abetted, and became thoroughly enmeshed in U.S.-led torture and renditions, thereby spreading both the problem and the blame for this practice. Clarke offers an extended critique of these activities, placing them in historical and legal context as well as in transnational and comparative perspective.
The April 1988 murder and decapitation of twenty-three-year-old Michael Miley in rural southern Illinois horrified and enraged local residents and law enforcement officials, some of whom suspected the homicide was a hate crime. The Rita Nitz Story: A Life Without Parole is an in-depth personal investigation into Miley’s murder, for which Rita Nitz was convicted as an accomplice to life in prison. Born in 1959, Rita was thirty when she was sentenced in 1989. Her husband, Richard Nitz, was convicted of the murder. Detailing the crime and its aftermath, Larry L. Franklin uncovers a disturbing set of facts that illuminate a possible miscarriage of justice.
Was Rita Nitz involved in the murder of Michael Miley? Franklin doesn’t purport her guilt or her innocence but instead details the plight of a troubled woman who was a victim of sexual abuse and domestic violence at the hands of family members and spouses and who may also have been a victim of inadequate legal representation and a judicial system more interested in delivering the maximal punishment than in serving justice. Consulting with experts in prosecutorial conduct, jury psychology, and forensic evidence, Franklin discovered details that were withheld from the jury and the public during the trial in 1989. He also suggests other theories and names possible perpetrators involved in the murder that further imply shoddy police work and a tainted criminal investigation.
Drawing on numerous conversations with Rita at the Dwight Correctional Center in Illinois, Franklin divulges the story of Rita’s tumultuous youth and her three problematic marriages. He shows her to be a battered woman who didn’t fully understand the circumstances and behavior that led to her being implicated in such a hideous crime and who lacked the financial resources and emotional strength to navigate the legal tangle that entrapped her.
Franklin also points out the disparity in justice between Rita and Richard, who is up for parole in less than twenty years, while Rita remains sentenced to life without parole. In attempting to reach the truth about Miley’s murder, Franklin highlights abuses in the Illinois correctional system and disparities between the treatment of male and female convicts, sketching a blueprint that could improve law enforcement and justice in rural Illinois.
The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice.
Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice.
American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions.
"Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent."
—Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law
"Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice."
—Andrew E. Taslitz, Professor of Law, Howard University School of Law
"An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive."
—Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
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