False Justice: Eight Myths that Convict the Innocent


Jim Petro - 2011
    Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, "False Justice "is ideal for use in a wide array of criminal justice and criminology courses.Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant s decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in "False Justice."Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1980s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe and research and logic suggest that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty.Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. "False Justice" explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections.Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of "False Justice" we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct both police and prosecutor and in some cases both in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error."Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. "False Justice" shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony.Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve.Myth 7: It dishonors the victim to question a conviction. "False Justice" reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does "that" honor victims?Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. "False Justice" recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us everyday American citizens not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer."

Grace Will Lead Us Home: The Charleston Church Massacre and the Hard, Inspiring Journey to Forgiveness


Jennifer Berry Hawes - 2019
    He arrived with a pistol, 88 bullets, and hopes of starting a race war. Dylann Roof’s massacre of nine innocents during their closing prayer horrified the nation. Two days later, some relatives of the dead stood at Roof’s hearing and said, “I forgive you.” That grace offered the country a hopeful ending to an awful story. But for the survivors and victims’ families, the journey had just begun.In Grace Will Lead Us Home, Pulitzer Prize-winning journalist Jennifer Berry Hawes provides a definitive account of the tragedy’s aftermath. With unprecedented access to the grieving families and other key figures, Hawes offers a nuanced and moving portrait of the events and emotions that emerged in the massacre’s wake.The two adult survivors of the shooting begin to make sense of their lives again. Rifts form between some of the victims’ families and the church. A group of relatives fights to end gun violence, capturing the attention of President Obama. And a city in the Deep South must confront its racist past. This is the story of how, beyond the headlines, a community of people begins to heal.An unforgettable and deeply human portrait of grief, faith, and forgiveness, Grace Will Lead Us Home is destined to be a classic in the finest tradition of journalism.

The Wrong Carlos: Anatomy of a Wrongful Execution


James S. Liebman - 2012
    His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist.The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history.The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

Hate Crime: The Story of a Dragging in Jasper, Texas


Joyce King - 2002
    They drove Byrd out to a lonely country road, tied him to a logging chain, and dragged him three miles to his death.Joyce King, an award-winning journalist and native Texan, was assigned to cover the story, which drew international media headlines. In Hate Crime, she provides a chilling re-creation of the slaying and the subsequent trials. But she also moves beyond the details of the case to provide insight into the minds of the murderers, and to investigate the Texas prison system in which they developed their virulent racism. King also explores how the town of Jasper, Texas, endured a tragedy that threatened to divide its residents. A first-rate work of reportage, Hate Crime is also a searing look at how race continues to shape life in America.

The Sun Does Shine: How I Found Life and Freedom on Death Row


Anthony Ray Hinton - 2018
    Stunned, confused, and only twenty-nine years old, Hinton knew that it was a case of mistaken identity and believed that the truth would prove his innocence and ultimately set him free.But with no money and a different system of justice for a poor black man in the South, Hinton was sentenced to death by electrocution. He spent his first three years on Death Row at Holman State Prison in agonizing silence—full of despair and anger toward all those who had sent an innocent man to his death. But as Hinton realized and accepted his fate, he resolved not only to survive, but find a way to live on Death Row. For the next twenty-seven years he was a beacon—transforming not only his own spirit, but those of his fellow inmates, fifty-four of whom were executed mere feet from his cell. With the help of civil rights attorney and bestselling author of Just Mercy, Bryan Stevenson, Hinton won his release in 2015.With a foreword by Stevenson, The Sun Does Shine is an extraordinary testament to the power of hope sustained through the darkest times. Destined to be a classic memoir of wrongful imprisonment and freedom won, Hinton’s memoir tells his dramatic thirty-year journey and shows how you can take away a man’s freedom, but you can’t take away his imagination, humor, or joy.

The Secret Barrister: Stories of the Law and How It's Broken


The Secret Barrister - 2018
    These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. This is a first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister shows you what it’s really like and why it really matters.

What Is a Girl Worth?: My Story of Breaking the Silence and Exposing the Truth about Larry Nassar and USA Gymnastics


Rachael Denhollander - 2019
    The first victim to publicly accuse Larry Nassar, the former USA Gymnastics team doctor who sexually abused hundreds of young athletes, Rachael now reveals her full story for the first time. How did Nassar get away with it for so long? How did Rachael and the other survivors finally stop him and bring him to justice? And how can we protect the vulnerable in our own families, churches, and communities?What Is a Girl Worth? is the inspiring true story of Rachael's journey from an idealistic young gymnast to a strong and determined woman who found the courage to raise her voice against evil, even when she thought the world might not listen. This deeply personal and compelling narrative shines a spotlight on the physical and emotional impact of abuse, why so many survivors are reluctant to speak out, what it means to be believed, the extraordinary power of faith and forgiveness, and how we can learn to do what's right in the moments that matter most.This inspirational, empowering book is written by attorney, advocate, educator, and author Rachael Denhollander.

Gideon's Trumpet


Anthony Lewis - 1964
    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

Surviving Justice: America's Wrongfully Convicted and Exonerated


Dave Eggers - 2005
    They were wrongfully convicted because of problems that plague many criminal proceedings: inept defense lawyers, overzealous prosecutors, deceitful and coercive interrogation tactics, bad science, snitches, and eyewitness misidentification. The lives of these victims of the U.S. criminal justice system were effectively wrecked. Finally free, usually after more than a decade of incarceration, they re-enter society with nothing but the scars from a harrowing descent into prison only to struggle to survive on the outside.The thirteen men and women portrayed here, and the hundreds of others who have been exonerated, are the tip of the iceberg. There are countless others (thousands by all estimates) who are in prison today for crimes they did not commit. These are the stories of some of the wrongfully convicted, who have managed, often by sheer luck, to prove their innocence. Their stories are spellbinding, heartbreaking, unimaginable, and ultimately inspiring. After reading these deeply personal accounts, you will never look at the criminal justice system the same way. (from the publisher's website)

Killing Season: The Unsolved Case of New England's Deadliest Serial Killer


Carlton Smith - 1994
    Over the course of seven months in 1988, eleven women disappeared off the streets of New Bedford, Massachusetts, a gloomy, drug-addled coastal town that was once the whaling capital of the world. Nine turned up dead. Two were never found. And the perpetrator remains unknown to this day.   How could such a thing happen? How, in what was once one of America’s richest cities, could the authorities let their most vulnerable citizens down this badly? As Carlton Smith, a Pulitzer Prize finalist for his coverage of the Green River Killer case, demonstrates in this riveting account, it was the inability of police officers and politicians alike to set aside their personal agendas that let a psychopath off the hook.   In Killing Season, Smith takes readers into a close-knit community of working-class men and women, an underworld of prostitution and drug abuse, and the halls of New England law enforcement to tell the story of an epic failure of justice.

The Lost Girls: The True Story of the Cleveland Abductions and the Incredible Rescue of Michelle Knight, Amanda Berry, and Gina DeJesus


John Glatt - 2015
    The book has an exclusive interview and photographs of Ariel Castro's secret fiancé, who spent many romantic nights in his house of horror, without realizing he had bound and chained captives just a few feet away. There are also revealing interviews with several Castro family members, musician friends and several neighbors who witnessed the dramatic rescue.

Killers of the Flower Moon: The Osage Murders and the Birth of the FBI


David Grann - 2017
    After oil was discovered beneath their land, the Osage rode in chauffeured automobiles, built mansions, and sent their children to study in Europe.Then, one by one, they began to be killed off. One Osage woman, Mollie Burkhart, watched as her family was murdered. Her older sister was shot. Her mother was then slowly poisoned. And it was just the beginning, as more Osage began to die under mysterious circumstances.In this last remnant of the Wild West—where oilmen like J. P. Getty made their fortunes and where desperadoes such as Al Spencer, “the Phantom Terror,” roamed – virtually anyone who dared to investigate the killings were themselves murdered. As the death toll surpassed more than twenty-four Osage, the newly created F.B.I. took up the case, in what became one of the organization’s first major homicide investigations. But the bureau was then notoriously corrupt and initially bungled the case. Eventually the young director, J. Edgar Hoover, turned to a former Texas Ranger named Tom White to try to unravel the mystery. White put together an undercover team, including one of the only Native American agents in the bureau. They infiltrated the region, struggling to adopt the latest modern techniques of detection. Together with the Osage they began to expose one of the most sinister conspiracies in American history.A true-life murder mystery about one of the most monstrous crimes in American history.

Billion Dollar Hollywood Heist: The A-List Kingpin and the Poker Ring that Brought Down Tinseltown (Front Page Detectives)


Houston Curtis - 2020
    Alex Rodriguez. Tobey Maguire. Ben Affleck. Matt Damon. John Cassavetes.   What do these people have in common? Not just fame and fortune; all these men are also alumni of the ultra-exclusive, high-stakes poker ring that inspired Aaron Sorkin’s Oscar-nominated film, Molly’s Game.   But Houston Curtis, the card shark who co-founded the game with Tobey Maguire, knows that Sorkin’s is the whitewashed version. In Billion Dollar Hollywood Heist, Curtis goes all-in, revealing the true story behind the game. From its origins with Maguire to staking DiCaprio’s first game, installing Molly Bloom, avoiding the hookers and blow down the hall, and weathering the FBI investigation that left Curtis with a lien on his house, this is the no-holds-barred account of the world’s most exclusive Texas Hold ’Em game from the man who started it—with all the names and salacious details that Molly’s Game left out.   With the insider appeal of Rounders, more A-listers than Ocean’s 11, and the excitement of The Sting, Billion Dollar Hollywood Heist is the untold, insider’s story that makes Molly’s Game look tame.

Murder in Battle Creek: The Mysterious Death of Daisy Zick (True Crime)


Blaine Lee Pardoe - 2013
    No fewer than three witnessescaught a glimpse of the killer, yet today, it remainsone of Michigan’s most sensational unsolved crimes. The act of puresavagery rocked not only the community but also the Kellogg Company, where sheworked. Here, Blaine Pardoe artfully takes the reader into this true crime thriller. Utilizing long-sealed policefiles and interviews with the surviving investigators,the true story of the investigation can finally be told. Who were thekey suspects? What evidence does the police still have on this five-decades-oldcold case? Just how close did this murder come to being solved? Is the killerstill alive? These questions and more are masterfully brought to the forefrontfor true crime fans and armchair detectives.

Beneath a Ruthless Sun: A True Story of Violence, Race, and Justice Lost and Found


Gilbert King - 2018
    She claims a "husky Negro" did it, and the sheriff, the infamous racist Willis McCall, does not hesitate to round up a herd of suspects. But within days, McCall turns his sights on Jesse Daniels, a gentle, mentally impaired white nineteen-year-old. Soon Jesse is railroaded up to the state hospital for the insane, and locked away without trial. But crusading journalist Mabel Norris Reese cannot stop fretting over the case and its baffling outcome. Who was protecting whom, or what? She pursues the story for years, chasing down leads, hitting dead ends, winning unlikely allies. Bit by bit, the unspeakable truths behind a conspiracy that shocked a community into silence begin to surface.Beneath a Ruthless Sun tells a powerful, page-turning story rooted in the fears that rippled through the South as integration began to take hold, sparking a surge of virulent racism that savaged the vulnerable, debased the powerful, and roils our own times still.