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A condition for parole seems to be that the prisoner accept that they did the crime (https://en.wikipedia.org/wiki/Innocent_prisoner's_dilemma https://en.wikipe
by ern 12y ago
A condition for parole seems to be that the prisoner accept that they did the crime (https://en.wikipedia.org/wiki/Innocent_prisoner's_dilemma https://en.wikipedia.org/wiki/Innocent_prisoner's_dilemma). I don't know the circumstances of the case, but assuming that the prisoner who drove over his wife during an argument maintained that he intended to reverse, would he have been paroled?
- techsupporter 12y agoNo. It is galling to me that, as your linked article states and has been demonstrated in several court cases, factual innocence is not an immediate overturning of the conviction, an expungment, and a written apology from the governing body that erred.
- rayiner 12y ago> factual innocence is not an immediate overturning of the conviction Someone who can show that they are actually innocent can file a federal habeas petition, and their proof of actual innocence will get past any procedural hurdle that stands in their way: http://www.scotusblog.com/2013/05/opinion-analysis-innocence-exception-survives-innocence-claim-does-not http://www.scotusblog.com/2013/05/opinion-analysis-innocence.... The problem is that most prisoners cannot show actual innocence. It's usually a matter of showing some new evidence or some flaw in the original evidence that doesn't rise to the level of convincingly proving that the original verdict was incorrect. That's why DNA evidence is so often the basis for releasing the innocently convicted: they rise to the level of convincingly showing that the original verdict was in error.