Race, Wrongful Conviction & Exoneration

Abstract

Race, Wrongful Conviction & Exoneration is a sociological examination of the "sociology of punishment" that is a major problem in criminological research but almost entirely ignored by sociologists who study and research issues related to crime. We argue that although legal scholars have done the bulk of research on exoneration they have not addressed the relationship of race to exoneration. This paper examines the risk that race produces for wrongful conviction and ultimately for exoneration. Additionally, we note the importance of the racial composition of the crime -African American men accused of raping White women -on wrongful convictions and exonerations.

The Impact Of Minority Status On Wrongful Convictions: A Case Study Analysis Of Donald Marshall JR. And Leighton Hay

“…they reference the Winston-Salem community in North Carolina, as well as, the race relations in the state of Carolina, overall. Carolina is described as a dichotomy of 'whites as good and blacks as evil and repeated offenders' (Smith and Haggerty, 2011). Examined here are two cases of white individuals who deliberately murdered their family members and then blamed Black men for their crimes, who were subsequently convicted.…”

“…In these communities, Black people are seen as "interchangeable", meaning once a Black individual is accused of a crime, law enforcement's focus is finding any Black man to arrest and convict. Whether they committed the crime or not is irrelevant (Smith and Haggerty, 2011). Therefore, it is clear that poor race relations in Carolina have resulted in numerous wrongful convictions by purposely blaming someone else.…”

“…Examples provided include name calling, teasing, taunting of blacks by, what they call, "white society" (Bullen, 2007, p. 159). A limitation of the Bullen (2007) content is that it does not discuss how racism causes wrongful convictions, which is why their article compliments the literature by Smith and Haggerty (2011), described above, well. It also provides context to the community conditions where Leighton Hay was wrongfully convicted.…”

An Exploratory Study of the Legal and Non-Legal Factors Associated With Exoneration for Wrongful Conviction

“…While many studies have examined the role of race in these areas of criminal processing, relatively little has been written about racial effects in patterns of wrongful conviction, likely because of persistent gaps in available data. The relevant studies have largely concluded that Blacks and Hispanics may be disproportionately at risk of wrongful conviction compared with Whites, and that these groups are overrepresented in available samples of exonerees (Bedau & Radelet, 1987;Garrett, 2011;Gross, Jacoby, Matheson, Montgomery, & Patil, 2005;Holmes, 2001;Huff et al, 1996a;Huff et al, 1996b;Parker et al, 2001;Scheck et al, 2003;E. Smith & Hattery, 2011;Taslitz, 2006).…”

“…The available literature generally indicates that racial disparities exist at all levels of the system that cannot be explained by racial group differences in offending parties (Alexander, 2012; Freiburger & Hilinski, 2010; Kansal, 2005; Liptak, 2008; Parker, Dewees, & Radelet, 2001; Phillips, 2008; G. D. Russell, 1994; E. Smith & Hattery, 2011; Steffensmeier, Ulmer, & Kramer, 1998; Street, 2001; Taslitz, 2006; Tellis, Rodriguez, & Spohn, 2010; Tonry, 2010; Zatz & Rodriguez, 2006).…”