front cover of Convicting the Innocent
Convicting the Innocent
Where Criminal Prosecutions Go Wrong
Brandon L. Garrett
Harvard University Press, 2011

On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man.

DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing.

Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory.

Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

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front cover of End of Its Rope
End of Its Rope
How Killing the Death Penalty Can Revive Criminal Justice
Brandon L. Garrett
Harvard University Press, 2017

It isn’t enough to celebrate the death penalty’s demise. We must learn from it.

When Henry McCollum was condemned to death in 1984 in rural North Carolina, death sentences were commonplace. In 2014, DNA tests set McCollum free. By then, death sentences were as rare as lethal lightning strikes. To most observers this national trend came as a surprise. What changed? Brandon Garrett hand-collected and analyzed national data, looking for causes and implications of this turnaround. End of Its Rope explains what he found, and why the story of who killed the death penalty, and how, can be the catalyst for criminal justice reform.

No single factor put the death penalty on the road to extinction, Garrett concludes. Death row exonerations fostered rising awareness of errors in death penalty cases, at the same time that a decline in murder rates eroded law-and-order arguments. Defense lawyers radically improved how they litigate death cases when given adequate resources. More troubling, many states replaced the death penalty with what amounts to a virtual death sentence—life without possibility of parole. Today, the death penalty hangs on in a few scattered counties where prosecutors cling to entrenched habits and patterns of racial bias.

The failed death penalty experiment teaches us how inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments undermine the pursuit of justice. Garrett makes a strong closing case for what a future criminal justice system might look like if these injustices were remedied.

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front cover of Forensics Under Fire
Forensics Under Fire
Are Bad Science and Dueling Experts Corrupting Criminal Justice?
Jim Fisher
Rutgers University Press, 2008

Television shows like CSI, Forensic Files, and The New Detectives make it look so easy. A crime-scene photographer snaps photographs, a fingerprint technician examines a gun, uniformed officers seal off a house while detectives gather hair and blood samples, placing them carefully into separate evidence containers. In a crime laboratory, a suspect's hands are meticulously examined for gunshot residue. An autopsy is performed in order to determine range and angle of the gunshot and time-of-death evidence. Dozens of tests and analyses are performed and cross-referenced. A conviction is made. Another crime is solved. The credits roll.

The American public has become captivated by success stories like this one with their satisfyingly definitive conclusions, all made possible because of the wonders of forensic science. Unfortunately, however, popular television dramas do not represent the way most homicide cases in the United States are actually handled. Crime scenes are not always protected from contamination; physical evidence is often packaged improperly, lost, or left unaccounted for; forensic experts are not always consulted; and mistakes and omissions on the autopsy table frequently cut investigations short or send detectives down the wrong investigative path.

In Forensics Under Fire, Jim Fisher makes a compelling case that these and other problems in the practice of forensic science allow offenders to escape justice and can also lead to the imprisonment of innocent people. Bringing together examples from a host of high-profile criminal cases and familiar figures, such as the JonBenet Ramsey case and Dr. Henry Lee who presented physical evidence in the O. J. Simpson trial, along with many lesser known but fascinating stories, Fisher presents daunting evidence that forensic science has a long way to go before it lives up to its potential and the public's expectations.

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