Innocence commissions

Innocence commissions

An innocence commission is a legal commission set up by a government to review criminal convictions in a new light.

History

In 2002, North Carolina became the first U.S. state to found a commission to rehear cases where the accused and their advocates claim wrongful conviction. The commission was founded after a series of high-profile cases of conviction were overturned.

The law is modelled after one of the United Kingdom [http://www.innocencenetwork.org.uk/index.html] .

Retired Chief Justice I. Beverly Lake Jr. lead the panel that recommended the new process to the State.

Process

North Carolina

Via an application process, the eight-member commission selects which cases to review. If five of the members deem it so, the case is sent to the state Supreme Court. A unanimous decision by the 3-member Supreme Court panel is necessary to overturn the conviction.

The law expires 2010. It will need a renewal to remain in effect.

Appointment Process

North Carolina

Commission members will be appointed by the chief justice of the state Supreme Court and chief judge of the state Court of Appeals.

High-profile Overturned Cases

North Carolina

* Darryl Hunt, murder conviction, served 18 years, exonerated 2003, DNA evidence.
* Alan Gell, murder conviction, served 8 years, death row inmate, exonerated 2004, revealed prosecutors withheld key evidence.

Other solutions

* Creation of panels to review and improve legal process

External links

* [http://www.innocencenetwork.org.uk/index.html Innocence Network UK]
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/08/03/AR2006080300801.html N.C. Gov. Sets Up Innocence Commission]
* [http://jurist.law.pitt.edu/paperchase/2006/08/north-carolina-governor-signs-law.php North Carolina governor signs law establishing inmate innocence commission]
* [http://www.charlotte.com/mld/observer/news/local/15189545.htm Easley signs innocence commission into N.C. law]
* [http://abclocal.go.com/wtvd/story?section=central&id=4427562 Easley Signs Innocence Inquiry Commission Bill]
* [http://www.guardian.co.uk/print/0,3858,5007268-103690,00.html Injustice victims given new chance]
* [http://news.bbc.co.uk/1/hi/england/bristol/3619540.stm Injustice network to be launched]
* [http://www.bristol.ac.uk/news/2004/497%20 Pioneering conference on miscarriages of justice]


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