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.
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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.