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No. 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
by techsupporter 12y ago
No. 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.