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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 ce
by bradleyjg 3y ago
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.
- iudqnolq 3y agoBut 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)
- bradleyjg 3y agoThe 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-on-dpics-innocence-list 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.