Do exonerations prove that "the system works?"

Judicature

Volumn 86, Issue 2, 2002, Pages 83-89

  Marshall, Lawrence C ^a  

^a NORTHWESTERN UNIVERSITY   (United States)

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EID: 0036761341     PISSN: 00225800     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (51)

1. See Report of the Governor's Commission on Capital Punishment, April 2002, at http://www.idoc.state.il.us/ccp/ccp/reports/commissionreports.html.
2. I b i d.
3. See Mills, Clemency Push for All 160 On Death Row; Lawyers Group Pins Hope in Ryan's Vow to Consider Cases, Chicago Tribune, May 16, 2002, at 1; Frammolino, Ryan Weighs Clemency for All on Illinois Death Row, Los Angeles Times, March 5, 2002, at 8; Long and Mills, Ryan to Review Death Row Cases; Governor May Commute Terms, Chicago Tribune, March 3, 2002, at 1.
4. See Mills, Clemency Push for All 160 On Death Row; Lawyers Group Pins Hope in Ryan's Vow to Consider Cases, Chicago Tribune, May 16, 2002, at 1; Frammolino, Ryan Weighs Clemency for All on Illinois Death Row, Los Angeles Times, March 5, 2002, at 8; Long and Mills, Ryan to Review Death Row Cases; Governor May Commute Terms, Chicago Tribune, March 3, 2002, at 1.
5. See Mills, Clemency Push for All 160 On Death Row; Lawyers Group Pins Hope in Ryan's Vow to Consider Cases, Chicago Tribune, May 16, 2002, at 1; Frammolino, Ryan Weighs Clemency for All on Illinois Death Row, Los Angeles Times, March 5, 2002, at 8; Long and Mills, Ryan to Review Death Row Cases; Governor May Commute Terms, Chicago Tribune, March 3, 2002, at 1.
6. See http://www.deathpenaltyinfo.org/innoc.html.
7. United States v. Quinones, S3 00 Cr. 761 (JSR), July 1, 2002.
8. See Rimer, A Proud and Unwavering Believer in the Death Penalty, New York Times, Feb. 10, 2001, at 10; Jacoby, Inmates on Death Row Are More Likely to Walk than Die, Boston Globe, Nov. 20, 1998, at A 15.
9. See Rimer, A Proud and Unwavering Believer in the Death Penalty, New York Times, Feb. 10, 2001, at 10; Jacoby, Inmates on Death Row Are More Likely to Walk than Die, Boston Globe, Nov. 20, 1998, at A 15.
10. See generally Protess and Warden, A Promise Of Justice: The Eighteen Year Fight To Save Four Innocent Men (Hyperion 1998) also available at http://www.law.nwu.edu/depts/clinic/wrongful/readings/wardenprotess/TOC.htm); People v. Jimerson, 166 Ill. 2d 211, 652 N.E.2d 278 (1995); People v. Williams, 147 Ill. 2d 173, 588 N.E.2d 983 (1992); People v. Jimerson, 127 Ill. 2d 12, 535 N.E.2d 889 (1989); People v. Williams, 93 Ill. 2d 309, 444 N.E.2d 136 (1983).
11. See generally Protess and Warden, A Promise Of Justice: The Eighteen Year Fight To Save Four Innocent Men (Hyperion 1998) also available at http://www.law.nwu.edu/depts/clinic/wrongful/readings/wardenprotess/TOC.htm); People v. Jimerson, 166 Ill. 2d 211, 652 N.E.2d 278 (1995); People v. Williams, 147 Ill. 2d 173, 588 N.E.2d 983 (1992); People v. Jimerson, 127 Ill. 2d 12, 535 N.E.2d 889 (1989); People v. Williams, 93 Ill. 2d 309, 444 N.E.2d 136 (1983).
12. See generally Protess and Warden, A Promise Of Justice: The Eighteen Year Fight To Save Four Innocent Men (Hyperion 1998) also available at http://www.law.nwu.edu/depts/clinic/wrongful/readings/wardenprotess/TOC.htm); People v. Jimerson, 166 Ill. 2d 211, 652 N.E.2d 278 (1995); People v. Williams, 147 Ill. 2d 173, 588 N.E.2d 983 (1992); People v. Jimerson, 127 Ill. 2d 12, 535 N.E.2d 889 (1989); People v. Williams, 93 Ill. 2d 309, 444 N.E.2d 136 (1983).
13. See generally Protess and Warden, A Promise Of Justice: The Eighteen Year Fight To Save Four Innocent Men (Hyperion 1998) also available at http://www.law.nwu.edu/depts/clinic/wrongful/readings/wardenprotess/TOC.htm); People v. Jimerson, 166 Ill. 2d 211, 652 N.E.2d 278 (1995); People v. Williams, 147 Ill. 2d 173, 588 N.E.2d 983 (1992); People v. Jimerson, 127 Ill. 2d 12, 535 N.E.2d 889 (1989); People v. Williams, 93 Ill. 2d 309, 444 N.E.2d 136 (1983).
14. See generally Protess and Warden, A Promise Of Justice: The Eighteen Year Fight To Save Four Innocent Men (Hyperion 1998) also available at http://www.law.nwu.edu/depts/clinic/wrongful/readings/wardenprotess/TOC.htm); People v. Jimerson, 166 Ill. 2d 211, 652 N.E.2d 278 (1995); People v. Williams, 147 Ill. 2d 173, 588 N.E.2d 983 (1992); People v. Jimerson, 127 Ill. 2d 12, 535 N.E.2d 889 (1989); People v. Williams, 93 Ill. 2d 309, 444 N.E.2d 136 (1983).
15. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
16. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
17. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
18. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
19. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
20. th Cir. 1997); People v. Porter. 164 Ill. 2d 200. 647 N.E.2d 972 (1995); People v. Porter, 111 Ill. 2d 386, 489 N.E.2d 1329 (1986).
21. See generally Frisbie and Garrett, Victims of Justice (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
22. See generally Frisbie and Garrett, Victims of Justice (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
23. See generally Frisbie and Garrett, VICTIMS OF JUSTICE (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
24. See generally Frisbie and Garrett, VICTIMS OF JUSTICE (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
25. See generally Frisbie and Garrett, VICTIMS OF JUSTICE (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
26. See generally Frisbie and Garrett, VICTIMS OF JUSTICE (Avon 1998); http://ericzorn.com/columns/nicarico/; Coll, Puzzle in Illinois: Who Killed Jeanine?; Murder, Trial Convictions and a Lawman's Doubts, Washington Post, Jan. 27, 1997. at D1; Siegel, Presumed Guilty; An Illinois Murder Case Becomes a Test of Conscience Inside the System. Los Angeles Times Magazine, Nov. 1, 1992. at 18: People v. Cruz, 162 Ill. 2d 314 (1994); People v. Cruz, 121 Ill. 2d 321 (1988); People v. Hernandez. 121 Ill, 2d 293 (1988).
27. See generally Bils, Chicago Tribune, Sept. 9, 1994, at 1; Bils, Woman Says She Killed Man; Confession May Set Inmate Free, Chicago Tribune, July 27, 1994, at 1; People v. Burrows, 172 Ill. 2d 169. 665 N.E.2d 1319 (1996); People v. Burrows, 148 Ill. 2d 196, 592 N.E.2d 997 (1992).
28. See generally Bils, Chicago Tribune, Sept. 9, 1994, at 1; Bils, Woman Says She Killed Man; Confession May Set Inmate Free, Chicago Tribune, July 27, 1994, at 1; People v. Burrows, 172 Ill. 2d 169. 665 N.E.2d 1319 (1996); People v. Burrows, 148 Ill. 2d 196, 592 N.E.2d 997 (1992).
29. See generally Bils, Chicago Tribune, Sept. 9, 1994, at 1; Bils, Woman Says She Killed Man; Confession May Set Inmate Free, Chicago Tribune, July 27, 1994, at 1; People v. Burrows, 172 Ill. 2d 169. 665 N.E.2d 1319 (1996); People v. Burrows, 148 Ill. 2d 196, 592 N.E.2d 997 (1992).
30. See generally Bils, Chicago Tribune, Sept. 9, 1994, at 1; Bils, Woman Says She Killed Man; Confession May Set Inmate Free, Chicago Tribune, July 27, 1994, at 1; People v. Burrows, 172 Ill. 2d 169. 665 N.E.2d 1319 (1996); People v. Burrows, 148 Ill. 2d 196, 592 N.E.2d 997 (1992).
31. See generally Daly, Biker Is Convicted of '93 Killings of Richmond Couple, Chicago Tribune. June 16 2000, at Metro 3; Starks, Gang Member Admits Killing Couple, Chicago Tribune (McHenry Edition) March 5, 1999, at 1; Quintanilla, Gauger Set Free in, Killing of Parents, Chicago Tribune (Northwest Edition), Oct. 5 1996, at 1.
32. See generally Daly, Biker Is Convicted of '93 Killings of Richmond Couple, Chicago Tribune. June 16 2000, at Metro 3; Starks, Gang Member Admits Killing Couple, Chicago Tribune (McHenry Edition) March 5, 1999, at 1; Quintanilla, Gauger Set Free in, Killing of Parents, Chicago Tribune (Northwest Edition), Oct. 5 1996, at 1.
33. See generally Daly, Biker Is Convicted of '93 Killings of Richmond Couple, Chicago Tribune. June 16 2000, at Metro 3; Starks, Gang Member Admits Killing Couple, Chicago Tribune (McHenry Edition) March 5, 1999, at 1; Quintanilla, Gauger Set Free in, Killing of Parents, Chicago Tribune (Northwest Edition), Oct. 5 1996, at 1.
34. See generally Myers, 4 Years On Death Row, Trial After Trial, It All Became a Painful Joke, Chicago Tribune, Sept. 4, 1998, at 1; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/cobb.htm; People v. Cobb, 97 Ill. 2d 465 (1983).
35. See generally Myers, 4 Years On Death Row, Trial After Trial, It All Became a Painful Joke, Chicago Tribune, Sept. 4, 1998, at 1; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/cobb.htm; People v. Cobb, 97 Ill. 2d 465 (1983).
36. See Skelly, Death Derailed/Supreme Court Halts Railroad to the Chair, Chicago Lawyer, November 1983, at 5.
37. See Possley, The Nicarico Nightmare: Admitted Lie Sinks Cruz Case, Chicago Tribune, Nov. 5, 1995, at 1.
38. See generally Mills and Armstrong, Yet Another Death Row Inmate Cleared, Chicago Tribune, May 18, 1999, at 1; Martin, New Trial Likely in 1985 Murder of Young Mother; DNA Test Gives Death Row Inmate Hope, Chicago Tribune, July 9, 1997, at 1; http://www.law.northwestern.edu/depts/clinic.wrongful.exonerations/jones.htm; People v. Jones, 156 Ill. 2d 225 (1993).
39. See generally Mills and Armstrong, Yet Another Death Row Inmate Cleared, Chicago Tribune, May 18, 1999, at 1; Martin, New Trial Likely in 1985 Murder of Young Mother; DNA Test Gives Death Row Inmate Hope, Chicago Tribune, July 9, 1997, at 1; http://www.law.northwestern.edu/depts/clinic.wrongful.exonerations/jones.htm; People v. Jones, 156 Ill. 2d 225 (1993).
40. See generally Mills and Armstrong, Yet Another Death Row Inmate Cleared, Chicago Tribune, May 18, 1999, at 1; Martin, New Trial Likely in 1985 Murder of Young Mother; DNA Test Gives Death Row Inmate Hope, Chicago Tribune, July 9, 1997, at 1; http://www.law.northwestern.edu/depts/clinic.wrongful.exonerations/jones.htm; People v. Jones, 156 Ill. 2d 225 (1993).
41. See Fegelman and Miller, After 4 Released in 1978 Slayings, 3 Others Accused; Confessions, DNA Aid Case, Chicago Tribune, July 4, 1996, at 1. See also supra n. 7.
42. See Fegelman and Miller, After 4 Released in 1978 Slayings, 3 Others Accused; Confessions, DNA Aid Case, Chicago Tribune, July 4, 1996, at 1. See also supra n. 7.
43. See Gregory and Gorner, Cruz Didn't Rape Nicarico, DNA Expert Says; But Prosecutors Not Moved by New Test, Chicago Tribune, Sept. 23, 1995, at 1.
44. th Reversed in 12 Years Will Free Chicago Man, Chicago Tribune, Feb. 20, 1999, at 1; People v. Smith, 185 Ill. 2d 532 (1999); People v. Smith, 141 Ill. 2d 40 (1990).
45. th Reversed in 12 Years Will Free Chicago Man, Chicago Tribune, Feb. 20, 1999, at 1; People v. Smith, 185 Ill. 2d 532 (1999); People v. Smith, 141 Ill. 2d 40 (1990).
46. th Reversed in 12 Years Will Free Chicago Man, Chicago Tribune, Feb. 20, 1999, at 1; People v. Smith, 185 Ill. 2d 532 (1999); People v. Smith, 141 Ill. 2d 40 (1990).
47. See generally Mills and Armstrong, Another Death Row Inmate Cleared, Chicago Tribune, January 19, 2000, at 1; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/manning.htm; People v. Manning, 182 Ill. 2d 193 (1998).
48. See generally Mills and Armstrong, Another Death Row Inmate Cleared, Chicago Tribune, January 19, 2000, at 1; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/manning.htm; People v. Manning, 182 Ill. 2d 193 (1998).
49. See Mills and Armstrong, The Inside Information; The Failure of the Death Penalty in Illinois, Chicago Tribune, Nov. 16, 1999 at 1.
50. See generally Goodrich, Suspect Innocent in Death of Child; He Faced Death Row Through Three Trails, St. Louis Post-Dispatch, Dec. 13, 1996 at 1A; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/lawson.htm; People v. Lawson, 163 Ill. 2d 187, 644 N.E.2d 1172 (1994).
51. See generally Goodrich, Suspect Innocent in Death of Child; He Faced Death Row Through Three Trails, St. Louis Post-Dispatch, Dec. 13, 1996 at 1A; http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/lawson.htm; People v. Lawson, 163 Ill. 2d 187, 644 N.E.2d 1172 (1994).