100 word response 1 reference/intext citation Due 2/15/2024
Exonerating persons who have been wrongfully convicted is the mission of the Innocence Project, which is a legal group that operates under a nonprofit model. DNA testing as a means of establishing innocence and lobbying for reforms to the criminal justice system in order to forestall future injustices are the primary focuses of their organization. The following is a discussion of the criteria and concerns that are associated with appeals for incarcerated individuals who wish to contest their convictions:
1. Standards for Appeals:
· Evidence That Is Both Clear and Persuasive: Inmates should be given the option to appeal their convictions if they are able to offer evidence that is both clear and persuasive that their convictions were incorrect. In addition to fresh DNA results, recantations from witnesses, and other compelling considerations, this evidence may also contain additional evidence.
· Materiality: The evidence must be substantial, which means that it has the potential to have a major influence on the verdict that was reached in the trial. Reconsideration is warranted in the event that it either weakens the case presented by the prosecution or favors the defense.
2. Concerns that need to be litigated:
· DNA Evidence: DNA testing has been an important factor in the exoneration of a great number of persons who were unfairly condemned. It should be possible for inmates to file lawsuits based on recently found DNA evidence that was not accessible during their trial when they were being tried.
· Untrue Confessions: False confessions, which are frequently acquired under coercion or under pressure, have the potential to result in unjust convictions. Individuals who are incarcerated should have the ability to contest their convictions if they are able to provide evidence that their confession was not trustworthy.
· Ineffective Assistance of Counsel: If the defense attorney representing an inmate did not give appropriate representation during the trial, this may be a basis for appealing the decision. The ability to contest this matter should be granted to inmates.
· Suppressed Evidence: Inmates should be given the opportunity to present evidence that was suppressed during the trial if it was critical evidence that was suppressed during the trial (for example, material that pointed to another suspect).
· Newly Discovered Evidence In addition to DNA, any newly discovered evidence, including but not limited to alibi witnesses, forensic developments, or expert testimony, ought to be admissible during the appeals process.
· Misapplication of Science: Inmates should have the ability to appeal their convictions based on corrected scientific knowledge if the scientific evidence that was presented during the trial was misapplied or misinterpreted.
3. Holistic Approach:
· A comprehensive approach is recommended, in which both the standard and the difficulties are taken into consideration. Inmates may exhibit a number of different factors, and the courts have to take all of these into consideration, jointly.
· Timeliness: Although there should not be a rigid time restriction for appeals, it is necessary that fresh evidence be presented with reasonable effort.
4. Achieving a Balance Between Justice and Finality:
· It is of the utmost importance to achieve a balance between justice and finality. Misconvictions are harmful to both the innocent and society as a whole, and the courts ought to acknowledge this fact.
· Presumption of innocent: The presumption of innocent needs to be implemented beyond the confines of the trial. Even after being found guilty, inmates should be given a reasonable opportunity to demonstrate their innocence.
In conclusion, the standard for appeals need to place an emphasis on justice rather than finality, enabling incarcerated individuals to re-investigate their cases, submit fresh evidence, and challenge their convictions on the basis of a variety of concerns. The objective is to make amends for wrongs committed in the past and to forestall such occurrences in the future (Innocence Project, 2021).
