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7 JIJIS 75 (2007)
An Explanation of a Wrongful Death Sentence from Georgia

handle is hein.journals/jijis7 and id is 83 raw text is: AN EXPLANATION OF A WRONGFUL DEATH SENTENCE FROM GEORGIA
Rudolph Alexander, Jr.
Ohio State University
Abstract
Wrongful convictions typically signify to many individuals situations in which convicted
persons were exonerated based on DNA, the discovery of untruthful testimony, or
suppressed evidence. Generally, the persons responsible for wrongful convictions
are prosecutors, law enforcement officers, and witnesses. On some occasions,
defense attorneys facilitate wrongful convictions through inadequate representation
due to a lack of interest, inexperience, or little or no investigation. Many citizens will
consider people to have been wrongfully convicted only if they have been completely
exonerated or found to be factually innocent. Yet, wrongful convictions can occur as a
result of defense attorneys deliberately misrepresenting defendants in courtrooms
and/or trial judges who are corrupt or racist. This article discusses an instance of
wrongful  conviction  in  the  author's  life  that  resulted  from  intentional  legal
misrepresentation by defense attorneys and a racist judge. Further, this article
discusses why, for the most part, such practices go uncorrected and unacknowledged.
An Explanation of a Wrongful Death Sentence from Georgia
n the last few years, the issue of wrongful convictions has become increasingly
interesting to criminal justice professionals, journalism students, and social justice
advocates (Huff, 2004; Luna, 2005; Medwed, 2005; Monroe, 2006; Siegel, 2005).
As stated by Luna (2005), wrongful convictions occur due to mistaken identity, false
confessions, or prosecutorial and police misconduct.  Further, some wrongful
convictions occur because the defense attorneys are either inexperienced in capital
cases, fail to investigate a case properly (Liptak, 2006), or are under the influence of
substances during the trial (Gettleman, 2001). Wrongful convictions typically involve
cases in which persons who were factually innocent were convicted. For instance,
some prisoners have been freed from sexual assault convictions when the DNA in the
case failed to support them as the perpetrator (Alexander, 2006; New York Times,
2006; Levy, 2006; Williams, 2006).
In other cases, however, legal corruption may facilitate wrongful convictions,
although these cases are more difficult to discern or acknowledge. Recently, the
public was able to witness the kind of legal corruption that can help lead to wrongful
convictions when an appellate attorney in North Carolina admitted that he intentionally
allowed a death row prisoner's appeal time to lapse because he believed that this
prisoner deserved to die (Rimer, 2000; Thompson, 2000). Additionally, corrupt judges
may facilitate wrongful convictions. In 2007, a New York divorce court judge was
sentenced to 3 to 10 years in prison for fixing divorce cases (Brick, 2007). In writing
Direct correspondence to alexander.2@osu.edu
© 2007 by the author, published here by permission
The Journal of the Institute of Justice & International Studies Vol 7

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