New evidence can clear a convicted person through a waiver, which can lift probation or release an inmate from prison. DNA evidence is a common tool, and new or retracted testimony can also be used. Organizations and individuals can campaign for release, but evidence must be carefully preserved. Posthumous releases can address family and community concerns, and compensation may be available.
A convicted person can be cleared if new evidence is presented to prove innocence. A waiver can free an inmate from prison, eliminate the death penalty, or lift probation and other limitations on a convicted inmate who was released after serving all or part of a sentence. The exemption process is long and in some cases takes place posthumously; historians have even led exoneration cases involving events that occurred centuries earlier, as seen in the case of some posthumous exonerations of victims of the Salem witch trials.
The first step involves finding new evidence to present in a case supporting why a person should be cleared. This process may include providing supporting material to explain why evidence was not made available during the original process. A common tool is DNA evidence, which has been a key player in the exonerations of a number of death row prisoners in the United States. Evidence can categorically prove that the detainee was not involved in the crime, relying on techniques that may not have been available at the original trial.
Inmates may be excused from the emergence of new testimony or retracted testimony. A witness may claim that they were manipulated or coerced into lying in a case, or lawyers may show how a witness was led to inaccurate testimony. For example, a lineup may have been incorrect because the defendant was the only person who matched the perpetrator’s approximate description, leading the victim to misidentify him in a desire to identify someone in the lineup.
Organizations and individuals can campaign for a prisoner’s release. Producing evidence requires careful steps to preserve the integrity of the evidence, as pardons cannot be issued based on disputed evidence. If there is any concern about the fabrication or manipulation of evidence, an official may decline a waiver request. In the case of historical exonerations, a legislator may be involved in passing a measure posthumously exempting the persons responsible for a case.
In the case of posthumous releases, the resolution is usually designed to address the concerns of family and community members. Families may feel shame and unhappiness over the wrongful conviction of one of their members and may be able to access compensation if they can get their family members exonerated. Getting a person already out of prison released can also be important, as people with a criminal background usually have difficulty finding work and may face discrimination in their communities.
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