Monday, April 4, 2016

Week 9

Hey guys! SRP is nearing its end and so I had to grab my chance to talk to Kinda Helferich, one of the full time attorneys at the Justice Project who also manages federal grants. The Justice Project helps provide exonerations to those who are wrongfully convicted. The Justice Project is specific to Arizona and it was the 5th one in the U.S. that was created. I was able to ask her many questions that related directly to my topic. I learned that the whole exoneration process takes anywhere from 3-12 years, the Innocence Project is the father and the smaller projects are specific to each of the states, and that this particular one based in Arizona takes on all sorts of exonerations.

Things I learned:

  • DNA exonerations are the majority of exonerations but non- DNA ones include: false confessions, eyewitness misidentification, witness recantations and advancements in science (junk science)
  • Justice Project provides post-conviction help, once the inmate has exhausted all appeals
  • One of the causes of wrongful convictions involve the victim identifying the wrong assailant; solution: during the pretrial lawyers can ask for victim testimony to be thrown out
  • Lots of states have DNA testing statutes which have guidelines: 1) is DNA available to test? 2)Has it been tested before? 3) How is the DNA going to change the result of the case?
  • Prosecutorial Misconduct: rarely uncovered; sometimes they don't turn over material- this is called Brady material (from the case Brady v Maryland)
  • Police do condone false confessions but this stems from two things 1) how they are trained;police training always involves: "get the bad guy, get the bad guy" (sometimes even without thinking "is this really the bad guy?") 2) Police have their own agenda- some are in it just to get power and so they exercise it through long interrogations without taking into account age, mental health or IQ of the supposed perpetrator) or not even reading Miranda rights
  • Majority of exonerees are minorities 
  • One of the board members is an exoneree himself who served 17 years in prison for murder conspiracy (which wasn't true, clearly)
Story of the Day: In 1970 the Pioneer Hotel was supposedly set on fire. Convicted of arson, Louis Taylor spent FORTY-TWO years in prison for a crime that turned out to not even be arson. After re-opening the case, the Justice Project lawyers showed that the snitch testimony provided for this case was false, and that the fire occurred because of natural causes, not arson! In 2013 Louis Taylor became a free man. 

The Justice Project has amazing stories of those who were exonerated. Be sure to check them out on this link:    http://azjusticeproject.org/


4 comments:

  1. Hi Laiba! I know that you would like to become a Lawyer in the future. Has your SRP changed your mind about that, or has it only increased your interest? What would you say would be the best and worst part about your SRP experiences?

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    1. Hi Jared! Thanks for reading. Yes this SRP only fortified my desire to become a lawyer.The best part is to see that yes there are ethically good lawyers out there who are trying to reform our society. The worst part is that the lives of the convicts are forever altered and the most frustrating part is that change is slow. But hey, atleast it's occurring!

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  2. Hi! Could you talk more about why the lawyers are allowed to throw out the victim's testimony?

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  3. Hi! Sure I can. Basically the victim was in a state of trauma during the incident obviously. His/her body went straight into survival mode. Also things like memory and depth perception are altered so they can't really be trusted to identify the right perp.

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