Southern New Hampshire University
CJ-207 The United States Judicial System
Week Eight Notes
Wrongful Convictions
Criminal Courts, Chapter 11: Wrongful Conviction
What is the requirement of unanimity?
The requirement of unanimity is that all members of the jury must agree upon the
verdict.
What is the Innocence Project, and what is its approach in working to exonerate
defendants?
The Innocence Project is a nonprofit organization that is for criminal justice
reform. The Innocence Project works to free people that have been wrongfully
convicted and creates fair and equitable justice systems for everyone. Part of this
includes, when necessary, ensures that defendants in capital punishment cases
have access to counsel and access to postconviction DNA testing necessary to
prove their innocence.
What is jury nullification, and how does race play a role in this process?
Jury nullification is when the jury votes to acquit despite overwhelming evidence
that the defendant is guilty. Regarding race, jury nullification can play a role in
making discriminatory decisions. For example, there is evidence that southern
juries have refused to convict white defendants charged with offenses against
black victims.
Safeguarding Against Unreliable Jailhouse Informant Testimony
Why may it be problematic to use jailhouse informants for cases?
Jailhouse informants are not always reliable and have played a role in many
wrongful convictions. Typically, jailhouse informants receive some kind of
benefit in exchange for information, giving them more of a reason to lie so that
they have a chance of getting their own sentence reduced, monetary payments, or
special inmate privileges.
How should an attorney safeguard against unreliable testimony?
By considering the following factors:
oComplete criminal history of the jailhouse informant.
oAny deal, promise, inducement, or benefit that the offering party has or will make
in the future to the jailhouse informant.
oTime, place, and substance of the accused’s statement allegedly heard by the
jailhouse informant, time, and place of their disclosure to law enforcement, and
the names of all people who were present when the statements were made.
oWhether at any time the jailhouse informant recanted his or her statement and
details of the recantation.
oOther cases in which the jailhouse informant provided testimony or information
on other inmates and any benefits provided in those cases.
oOther information relevant to credibility.
The National Registry of Exonerations
In reviewing this registry, are any patterns apparent (e.g., race of the defendant, state of
conviction, crime that was charged)?
After reviewing the registry, patterns that I observed are as follows:
Mistaken identity/ false accusation often time were contributing factors in
wrongful convictions.
DNA evidence played a hand in exonerating individuals that were wrongfully
convicted.
A majority of the cases that were exonerated by DNA evidence happened pre-
2000’s when DNA evidence was still in its early stages.
I noticed that Harris County, Cook County, and Los Angeles had more cases of
wrongful convictions than some other cities and counties.
