Re:After 20 Years as a Prosecutor in Illinois, I Quit
by bradleyjg on Friday May 12, 2023 @08:01PM
(#35924016)
It depends on the flaw. For example, if an appeals court finds that a search was no good and tosses evidence as the fruit of the poisonous tree that’s almost certainly going to lead to a tossed conviction. But it doesn’t mean factual innocence, on the contrary.
Re:After 20 Years as a Prosecutor in Illinois, I Quit
by iudqnolq on Friday May 12, 2023 @08:09PM
(#35924066)
But that wouldn't be an exoneration. The exoneration rate for criminal defendants sentenced to death is around 4%, see my citation 3 in the original post.
(And it wouldn't "almost certainly" lead to a tossed conviction. The defendant would have a chance but not a guarantee at getting a new trial. See the comment you replied to for details)
Re:After 20 Years as a Prosecutor in Illinois, I Quit
by bradleyjg on Friday May 12, 2023 @08:25PM
(#35924178)
The study you linked defers to The Death Penalty Information Center’s determination of exoneration.
It’s definition is here: https://deathpenaltyinfo.org/stories/criteria-for-inclusion-...
It includes acquittal or dismissal of charges after the original conviction was tossed. But that does not imply actual innocence. For example, if a key piece of evidence is excluded because of an unconstitutional search that could lead to acquittal or dismissal of charges.
Getting a verdict overturned based on procedural issues isn't as easy as popular culture makes out. You have to show both that your rights were violated and that no reasonable jury could have possibly found you guilty if your rights weren't violated. Simply having signed statements from your jurors that they wouldn't have found you guilty if they knew what the prosecutors covered up isn't sufficient, for example.