Footnotes (408)



Innocence After Death

Samuel R. Wiseman

Florida State University College of Law


Case Western Reserve Law Review, Vol. 60, 2011

Despite the rapidly growing innocence movement, five unusual innocence cases have escaped the attention of most commentators: in Florida, Indiana, Massachusetts, and Texas, courts have recently exonerated wrongfully convicted defendants following their deaths in prison. This article identifies this extension of the innocence movement and argues that posthumous exonerations give courts a rare opportunity - seized upon in the 2009 posthumous exoneration of Timothy Cole in Texas - to make a detailed investigation of the causes leading to a defendant’s wrongful conviction. The article argues that these exonerations are important not only in providing justice for victims, communities, and the families of criminal defendants, but also because of their potential contribution to the effort to discover the causes of - and ultimately prevent - wrongful convictions. Legislatures should therefore expand the currently tenuous jurisdictional and procedural bases for posthumous exonerations, perhaps using the quasi-inquisitorial judicial model followed in Cole. This is particularly important in states without innocence commissions, which are the best suited institutions to conduct this sort of inquiry. Recognition of the errors that led to an innocent defendant’s conviction - whether the defendant is now alive or dead - is essential in preventing the future conviction of innocent defendants.

Number of Pages in PDF File: 64

Keywords: criminal, defendant, wrongful conviction, innocence, posthumous, exoneration, timothy cole, DNA, Innocence Project, innocence commission

Open PDF in Browser Download This Paper

Date posted: January 27, 2011  

Suggested Citation

Wiseman, Samuel R., Innocence After Death (2011). Case Western Reserve Law Review, Vol. 60, 2011. Available at SSRN: http://ssrn.com/abstract=1748764

Contact Information

Samuel R. Wiseman (Contact Author)
Florida State University College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States

Feedback to SSRN

Paper statistics
Abstract Views: 1,130
Downloads: 191
Download Rank: 107,512
Footnotes:  408

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.391 seconds