front cover of Life after Death Row
Life after Death Row
Exonerees' Search for Community and Identity
Saundra D. Westervelt and Kimberly J. Cook
Rutgers University Press, 2012

Life after Death Row examines the post-incarceration struggles of individuals who have been wrongly convicted of capital crimes, sentenced to death, and subsequently exonerated.

Saundra D. Westervelt and Kimberly J. Cook present eighteen exonerees’ stories, focusing on three central areas: the invisibility of the innocent after release, the complicity of the justice system in that invisibility, and personal trauma management. Contrary to popular belief, exonerees are not automatically compensated by the state or provided adequate assistance in the transition to post-prison life. With no time and little support, many struggle to find homes, financial security, and community. They have limited or obsolete employment skills and difficulty managing such daily tasks as grocery shopping or banking. They struggle to regain independence, self-sufficiency, and identity.

Drawing upon research on trauma, recovery, coping, and stigma, the authors weave a nuanced fabric of grief, loss, resilience, hope, and meaning to provide the richest account to date of the struggles faced by people striving to reclaim their lives after years of wrongful incarceration.

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front cover of Shifting The Blame
Shifting The Blame
How Victimization Became a Criminal Defense
Westervelt, Saundra D
Rutgers University Press, 1998

More than just a study of legal history, Shifting the Blame looks at the "abuse excuse" defense as an indicator of broad social change in cultural understandings of victimization, responsibility, and womanhood. The introduction of victimization as an exculpatory condition within the context of a criminal defense tells the story of a society that has accepted victimization as a new way of explaining and excusing misbehavior.

Through case law analysis, the book documents the initial development of the strategy in three different types of cases in the 1970s - "rotten social background", brainwashing, and battered women's self-defense cases. Since its initial acceptance in battered women's cases in the early 1980s, the use of the strategy has expanded to a variety of offenders in different types of relationships arguing different defenses. In lively, readable prose, Westervelt examines each form of expansion, revealing that while the expansion of the strategy has been fairly extensive, it has also been limited in some important ways. Her research shows readers that only certain types of "victims," particularly victims of physical abuse, have successfully used this defense. Shifting the Blame exposes the ways in which the acceptance of this new defense strategy illuminates a cultural shift in understandings of individual responsibility and shows how the law plays a role in defining who can be an acceptable victim.

Saundra D. Westervelt is an assistant professor in the Sociology Department at the University of North Carolina at Greensboro.

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front cover of Wrongly Convicted
Wrongly Convicted
Perspectives on Failed Justice
Westervelt, Saundra D
Rutgers University Press, 2001

The American criminal justice system contains numerous safeguards to prevent the conviction of innocent persons. The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment.

The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic minorities in the criminal justice system; and the impact of new technologies, especially DNA evidence, in freeing the innocent and bringing the guilty to justice. The book also asks such questions as: What legal characteristics do wrongful convictions share? What are the mechanisms that defendants and their attorneys use to overturn wrongful convictions? The book also provides case studies that offer specific examples of what can and does go wrong in the criminal justice system.

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