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The Victimology of a Wrongful Conviction: Innocent Inmates and Indirect Victims PDF

189 Pages·2022·4.684 MB·English
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“In Victimology of a Wrongful Conviction: Innocent Inmates and Indirect Victims, Drs. Nicky Jack- son, Kathryn M. Campbell and Margaret Pate powerfully position the experiences of people whoarewronglyconvictedas‘victims’ofacriminallegalsystemindesperateneedofreform. The authors take their analysis one-step further, and extend the victimology framework to the other victims of wrongful convictions - the families of the wrongly convicted, the ori- ginal survivors of actual crimes, and society at large. Grounded in qualitative research and in victim theories, this book is a welcome and compelling addition to the wrongful conviction literature.” Jessica S. Henry, author of Smoke but No Fire: Convicting the Innocent of Crimes that Never Happened. “The subject matter of the Victimology of a Wrongful Conviction: Innocent Inmates and Indirect Victims – is an important contribution to the study of wrongful convictions. Professors Jack- son, Campbell, and Pate have undertaken a tremendous task – to situate the experiences of the wrongly convicted as victims, and their families as secondary victims of a state crime – and they have succeeded. They have also forced readers to confront the realities that exon- erees and their families experience – enduring great emotional, psychological and financial hardships, similar to other crime victims. This comprehensive, academic analysis of the victi- mology of a wrongful conviction, is a must-read for innocence scholars and victimologists.” Mark Godsey, author of Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions. THE VICTIMOLOGY OF A WRONGFUL CONVICTION Thisbookexposesthemyriadofvictimsofwrongfulconvictionbygoingbeyondtheinnocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffercollaterally.Innowayoverlookingtheegregiouseffectsonthewrongfullyconvicted,this bookwidensthenettoalsoexamineconsequencesforfamily,friends,co-workers,witnesses,the initialvictimsofthecrime,andsocietyingeneral–allindirectvictimswhoareoftenforgottenin treatmentsofwrongfulconviction. Through interviews of exonerees and indirect victims, the authors capture the tangible and intangiblecostsofvictimizationacrosstheboard.Theprisonexperienceisexaminedthroughthe lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored.Specialattentionisgiventotheoften-ignoredexperienceoffemaleexonereesandto theimpactofraceasacompoundingfactorinavastnumberofmiscarriagesofjustice.Thebook concludeswithanoverviewofthevictimizationexperiencesthatfollowexonereesuponrelease. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appre- ciation of the far-reaching costs of wrongful convictions. Nicky Ali Jackson is Professor and Coordinator of Criminal Justice in the Department of Behavioral Sciences at Purdue University Northwest (PNW). Dr. Jackson is the Executive Director of the Center for Justice and Post-Exoneration Assistance at PNW. She also serves as President of the Willie T. Donald Exoneration Advisory Coalition. Dr. Jackson is a 2021 reci- pientoftheprestigiousSagamoreoftheWabashAward,thehighestcivilianhonor,bestowedby IndianaGovernorEricHolcombforherhumanityandservicetothecitizensofIndiana. Kathryn M. Campbell is a Professor in the Department of Criminology at the University of Ottawa,Canada,andhaspublishedextensivelyintheareaofmiscarriagesofjustice.Dr.Campbellis the faculty director of Innocence Ottawa, a pro bono, student-run innocence project aimed at helping the wrongly convicted who are seeking exoneration apply for conviction review to the MinisterofJustice. Margaret Pate is an Associate Professor in the Department of Criminal Justice at Radford University. Dr. Pate is also the Associate Director in the Office of Undergraduate Research & ScholarshipatRadford. THE VICTIMOLOGY OF A WRONGFUL CONVICTION Innocent Inmates and Indirect Victims Nicky Ali Jackson, Kathryn M. Campbell and Margaret Pate Coverimage:Pitiphothivichit Firstpublished2023 byRoutledge 605ThirdAvenue,NewYork,NY10158 andbyRoutledge 4ParkSquare,MiltonPark,Abingdon,OxonOX144RN RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2023NickyAliJackson,KathrynM.Campbell,MargaretPate TherightofNickyAliJackson,KathrynM.Campbell,MargaretPatetobeidentifiedas authorsofthisworkhasbeenassertedinaccordancewithsections77and78oftheCopyright, DesignsandPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedorutilisedinany formorbyanyelectronic,mechanical,orothermeans,nowknownorhereafterinvented, includingphotocopyingandrecording,orinanyinformationstorageorretrievalsystem, withoutpermissioninwritingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksorregisteredtrademarksand areusedonlyforidentificationandexplanationwithoutintenttoinfringe. LibraryofCongressCataloging-in-PublicationData Acatalogrecordforthistitlehasbeenrequested ISBN:978-0-367-63904-4(hbk) ISBN:978-0-367-63719-4(pbk) ISBN:978-1-003-12125-1(ebk) DOI:10.4324/9781003121251 TypesetinBembo byTaylor&FrancisBooks CONTENTS List of illustrations ix Foreword x Lenore E. Walker Preface xii Jeffrey Mark Deskovic Acknowledgements xvi PART1 Victimology: The Wrongly Convicted as Victims 1 1 Introduction: Definitions, Methodology, and Demographics 3 Nicky Ali Jackson 2 Victimology: Theoretical Perspectives and their Applications to the Wrongly Convicted 11 Nicky Ali Jackson 3 The Nature and Extent of Wrongful Convictions 23 Kathryn M. Campbell 4 Victimizing the Innocent: Racism, Wrongful Convictions, and Exonerations of Black Men in the Criminal Legal System 35 Angela Hattery and Earl Smith PART2 The Many Victims of a Wrongful Conviction 55 5 The Exoneree as Victim 57 Nicky Ali Jackson viii Contents 6 Female Victims of a Wrongful Conviction: Continual Marginalization 71 Kathryn M. Campbell 7 Families as Victims of a Wrongful Conviction 87 Margaret Pate 8 Revictimization of the Original Victim 103 Margaret Pate 9 Society as a Victim of a Wrongful Conviction 115 Kathryn M. Campbell 10 Post-Release Victimization: “Freedom Is Never Free” 124 Nicky Ali Jackson 11 Final Thoughts and Future Considerations 138 Kathryn M. Campbell and Nicky Ali Jackson Appendix 143 References and Further Reading 145 Index 162 ILLUSTRATIONS Figures 1.1 Gender of Exonerees 7 1.2 Race of Exonerees 7 1.3 Age at False Arrest 7 1.4 Time Spent Falsely Imprisoned 8 1.5 Charges for Wrongful Convictions 8 1.6 Familial Relationship to Exoneree 8 4.1 Median Net Worth by Household Income and Race. Courtesy Hamilton Project (2020), Brookings Institution. 46 4.2 Exonerations by Race and Crime. Courtesy of the Innocence Project (2021). 48 4.3 Exonerations in Relation to Crimes Committed 49 6.1 Female Exonerees’ Charged Crimes 75 6.2 Female Exonerees’ Sentence Lengths 76 6.3 Female Exonerees’ Time Served 76 10.1 Male Exonerees’ Employment Status 126 10.2 Female Exonerees’ Employment Status 126 Tables 5.1 Physical and Psychological Consequences Shared by Wrongly Convicted and Prisoners of War 69 5.2 Physical and Psychological Consequences Shared Among the Wrongly Convicted and Battered Women 70

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