67:
claim innocence for other reasons like "ignorance, misunderstanding or disagreement with criminal law; to protect another person or group from criminal conviction; or on 'abuse of process' or technical grounds in the hope of achieving an appeal." The system, he says, is being adopted by the prison parole board and prison service for prisoners serving "indeterminate sentences (where the prisoner has no release date and does not get out until a parole board decides he or she is no longer a risk to the public). Previously, such prisoners were treated as 'deniers' with no account taken of the various reasons for maintaining innocence, nor the fact that some may actually be innocent." Those prisoners are unable to achieve parole unless they undertake offence-behaviour courses that require the admission of guilt as a prerequisite. This was represented in the
158:
alibi witnesses; however, the judge was required by law to respect the jury's decision. After Murray had been locked up for 19 years, his parole officer said "Nineteen years is a long time. But you’re no closer to the rehabilitative process than when you first walked into prison. The first step in that process is the internalization of guilt. You need to do some serious introspection, Mr. Murray, and come to grips with your behavior." Murray agreed with the parole officer but maintained his innocence: "I agree! But again, I just didn't do it."
1400:
237:
38:. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have
201:
bargains, and at one point, he was encouraged to plead guilty to misdemeanors, for which he would be sentenced to time already served and released. When he refused the plea deal, insisting on his innocence, the judge noted "If you go to trial and lose, you could get up to fifteen ." Eventually, in May 2013, the case was dismissed because prosecutors had lost contact with the only witness they had to the alleged crime.
154:", is not sufficient reason for the justice system to release a prisoner. Once a verdict has been made, it is rare for a court to reconsider evidence of innocence that could have been presented at the time of the original trial. Decisions by the State Board of Pardons and Paroles regarding its treatment of prisoners who may be actually innocent have been criticized by the international community.
161:
In a news interview, Murray says he went before a parole board four times, maintaining his innocence until the fifth time: "I said what the hell, let me tell these people what they want to hear." He admitted to the parole board that he committed the crime and was taking responsibility. "I felt like I
133:
was wrongfully convicted of the rape of a 33-year-old woman in
Salford, Greater Manchester, in 2003 and imprisoned. He would have been eligible for release after 6½ years of imprisonment, but his refusal to wrongly confess meant that authorities refused to grant parole. He was released after 17 years
157:
Herbert Murray, who was convicted of murder in 1979, said, "When the judge asked me did I have anything to say, I couldn't say, because tears were coming down and I couldn’t communicate. I couldn't turn around and tell the family that they got the wrong man." The judge said he believed the defense's
66:
UK (INUK), says work carried out by the INUK includes research and public awareness on wrongful convictions, which can affect policy reforms. Most important is the development of a system to assess prisoners maintaining innocence, to distinguish potentially innocent prisoners from the prisoners who
200:
was arrested in May 2010 for allegedly stealing a backpack. He spent the next three years on Rikers Island awaiting trial, much of it in solitary. During court appearances, prosecutors routinely asked for a short delay which would turn into a much lengthier wait. At times, Browder was offered plea
118:
was a 17-year-old council worker convicted and imprisoned in 1974 for the murder of a 32-year-old legal secretary, Wendy Sewell. His conviction was overturned in 2002 after
Downing had served 27 years in prison. The case is thought to be the longest miscarriage of justice in British legal history,
220:
Robert A. Forde cited two studies at the conference. One, a ten-year study of 180 sex offenders by
Harkins, Beech and Goodwill found prisoners who claimed to be innocent were the least likely to be re-convicted, and that those who 'admitted everything', claiming to be guilty, were most likely to
183:
Another man, Jerry Wayne
Johnson, confessed to the rape in 1995. Further, Mallin later admitted that she was mistaken as to the identity of her attacker. She stated that investigators botched the gathering of evidence and withheld information from her, causing her to believe that Cole was the
166:, a group dedicated to the release of innocent prisoners, assisted lawyers in his eighth parole board hearing which was successful, releasing him onto indefinite parole. However, overturning the original conviction would be hampered by his admissions of guilt at his parole hearings.
162:
sold my soul to the devil. Because before, I had that strength, because I stood on the truth. I became so desperate to get out, I had to say something. I had to say something because what I said before didn't work." His parole was denied. After 29 years in prison,
209:
Gabe Tan reported a
British conference in 2011, "the dilemma of maintaining innocence", concluded "Denial is not a valid measure of risk. In fact, research has shown that prisoners who openly admit to their crimes have the highest risk of re-offending."
192:
later showed him to be innocent. Cole died in prison on
December 2, 1999; ten years later, a district court judge announced "to a 100 percent moral, factual and legal certainty" that Timothy Cole did not commit the rape. He was posthumously pardoned.
127:. Downing claimed that had he falsely confessed he would have been released over a decade earlier. Because he did not admit to the crime, he was classified as "IDOM" (In Denial of Murder) and ineligible for parole under English law.
217:, rather than an examination of serious problems with evidence at original trials, meant in many cases “that the dangerous criminals who committed these crimes remain at liberty with the potential to commit further serious crimes.”
108:, but he refused to do so and said: "I would have died in prison rather than admit something I didn't do. I was prepared to stay in forever if necessary to prove my innocence." Shirley's conviction was eventually quashed by the
955:... this surely led to what recent critics have called the "innocent prisoner's dilemma": knowing that maintaining innocence to a parole board (and therefore not demonstrating remorse) will lead to a longer time in prison.
180:, Cole was offered parole if he would admit guilt, but he refused. "His greatest wish was to be exonerated and completely vindicated", his mother stated in a press interview. Cole died after serving 14 years in prison.
81:
ended his denials to murder in 2012, the
Ministry of Justice denied that this would have any impact on his tariff, and his last online posting had been concerned with being released from prison in spite of his denials.
49:
that he calls "the innocent prisoner’s dilemma". A false admission of guilt and remorse by an innocent person at a parole hearing may prevent a later investigation proving their innocence.
602:
163:
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a fellow student in 1985. Cole was convicted by a jury of rape, primarily based on the testimony of the victim, Michele Mallin. He was sentenced to 25 years in prison. While
846:
715:
304:
Medwed, Daniel S. (2007-01-29). "The
Innocent Prisoner's Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings by Daniel Medwed :: SSRN".
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United States law professor Daniel Medwed says convicts who go before a parole board maintaining their innocence are caught in a
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104:. After serving the minimum 15 years, Shirley would have been released from prison had he confessed to the killing to the
905:
Changing
Offending Behaviour: A Handbook of Practical Exercises and Photocopiable Resources for Promoting Positive Change
184:
perpetrator. Mallin told police that the rapist smoked during the rape. However, Cole never smoked because of his severe
135:
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34:, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early
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rather than admit to crimes that they did not commit, including in the face of a plausible chance at release.
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in 2002, the denial by the prisoner of their offences had no bearing on their likelihood of re-offending.
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Chaytor, Rod (5 July 2003). "I'd rather have died in jail than admit a murder I didn't do".
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172:(1960–99) was an African American military veteran and a student wrongly convicted of
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Potential
Wrongful Convictions: Failed by the Criminal Cases Review Commission | INUK
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603:"Appeal court overturns Manchester rape conviction of man who spent 17 years in jail"
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and it attracted worldwide media attention. The case was featured in the 2004
77:. However, in recent years, this has diminished in significance; at the time
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Doing Time in the Depression: Everyday Life in Texas and California Prisons
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Georgia and the U.S. Supreme Court: Tinkering with the Machinery of Death
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281:"The 'Innocent Prisoner's Dilemma' - Video Library - The New York Times"
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545:"'I started shaking': Andrew Malkinson on being told he is a free man"
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In 2011, Michael Naughton suggested the focus on new evidence by the
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In the United States the reality of a person being innocent, called "
1399:
578:"'DNA proves I'm innocent of the rape I spent 17 years in jail for'"
236:
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in July 2023. The case has been academically studied as a severe
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The new injustices:from false confessions to false allegations
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re-offend. He also told the conference research by Hanson
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120:
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Simon Hall confesses to Joan Albert murder 12 years on
766:"Hearing could lead to exoneration in Cole rape case"
716:"Wrongfully Convicted Prisoners Often Denied Parole"
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New Statesman – The editor, the murder and the truth
232:
92:
on 9 December 1986. Michael Shirley, an 18-year-old
112:in 2003, on the basis of exculpatory DNA evidence.
796:"Family Of Man Cleared By DNA Still Seeks Justice"
352:; published August 8, 2013; retrieved May 11, 2020
1288:Race in the United States criminal justice system
1226:List of wrongful convictions in the United States
261:List of wrongful convictions in the United States
1415:
970: – about the Herbert Murray case
703:Troy Davis and the Meaning of 'Actual Innocence'
1387:List of death row inmates in the United States
812:
742:"Family seeks to clear man who died in prison"
705:". Democracy Now. Retrieved on August 11, 2017
196:The dilemma can occur even before conviction.
989:
692:". Democracy Now. Retrieved on April 24, 2021
329:"Students for justice: the Innocence Network"
636:"Andrew Malkinson: A miscarriage of justice"
134:in prison, and was declared innocent by the
1241:Overturned convictions in the United States
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982:
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422:"DNA Evidence Quashes Murder Conviction"
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1375:Capital punishment in the United States
908:. Jessica Kingsley Publishers. p.
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16:Falsely admitting guilt is advantageous
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876:: CS1 maint: archived copy as title (
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1236:List of miscarriage of justice cases
1231:List of exonerated death row inmates
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902:Baim, Clark; Guthrie, Lydia (2014).
396:"Sailor awaits murder appeal ruling"
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372:. London. p. 10. Archived from
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819:Gonnerman, Jennifer (2014-10-06).
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1313:Ineffective assistance of counsel
1267:National Registry of Exonerations
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519:"In Denial of Murder (2004) (TV)"
485:Downing murder conviction quashed
62:Michael Naughton, founder of the
19:For the game theory problem, see
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718:. Mindgate Media. Archived from
508:BBC Press Office 2 February 2004
327:Naughton, Michael (2009-05-08).
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100:of the crime and sentenced to
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364:"Justice - but at what cost?"
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794:Goodwin, Wade (2009-02-05).
772:. 2009-02-06. Archived from
740:Lavandera, Ed (2009-02-05).
634:Samuels, Alec (2022-04-01).
576:Robson, Steve (2021-05-02).
7:
1293:Innocent prisoner's dilemma
601:Dugan, Emily (2023-07-26).
543:Dugan, Emily (2023-07-26).
279:Harris, Rob (4 June 2010).
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164:Medwed's Second Look clinic
28:innocent prisoner's dilemma
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937:. NYU Press. p. 221.
394:Shaw, Danny (2003-07-02).
362:Olden, Mark (2003-08-19).
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483:BBC News 15 January 2002
1359:Innocence Protection Act
1019:Prosecutorial misconduct
53:Detriment to individuals
1354:Equal Protection Clause
1272:Investigating Innocence
1203:Tampering with evidence
582:Manchester Evening News
86:Linda Cook was murdered
1119:Spoliation of evidence
1005:Miscarriage of justice
140:miscarriage of justice
1344:Right to a fair trial
1198:Misinformation effect
1044:Selective enforcement
1039:Malicious prosecution
1034:Selective prosecution
469:June 6, 2011, at the
58:In the United Kingdom
1439:Wrongful convictions
1339:Exculpatory evidence
1318:Prosecutor's fallacy
1298:Blue wall of silence
1281:Contributing factors
1218:Wrongful convictions
968:New York Times video
931:Blue, Ethan (2012).
453:. London. p. 4.
251:Alternative pleading
205:Detriment to society
146:In the United States
1064:Abuse of discretion
1054:Attorney misconduct
1012:Types of misconduct
308:. Papers.ssrn.com.
125:In Denial of Murder
1424:Penal imprisonment
1381:Batson v. Kentucky
1327:Norms and remedies
1246:Wrongful execution
1164:Child sexual abuse
525:. 29 February 2004
376:on August 10, 2009
285:The New York Times
170:Timothy Brian Cole
21:Prisoner's dilemma
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1262:Innocence Project
1191:Cross-race effect
1181:Eyewitness memory
1176:Mistaken identity
1147:Forced confession
1109:Witness tampering
1084:Legal malpractice
1079:Gaming the system
1029:Police corruption
1024:Police misconduct
919:978-0-85700-928-9
102:life imprisonment
98:wrongly convicted
64:Innocence Network
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1368:Related concepts
1349:Actual innocence
1303:Racial profiling
1154:False accusation
1142:False confession
1114:Brady disclosure
1049:Abuse of process
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