Writing about Wrongful Conviction An Introduction The law

Writing about Wrongful Conviction An Introduction

• “’The law isn’t always about truth, ’” a friend tells Luis J. Rodriguez in his memoir Always Running (Rodriguez 192). Thoughts on Crime, Prison, and Justice

• Rapper Meek Mill’s wrongful conviction was blasted by Jay Z, who called the sentence “unjust and heavy-handed” Thoughts on Crime, Prison, and Justice

• “I just spent sixty days in the jailhouse/For the crime of having no dough”—from The Band’s “The Shape I’m in” (1970) Thoughts on Crime, Prison, and Justice

• T. I. told Vibe, “When you are a prisoner, part of the mandate of your sentence is getting up and working. The product you are working on is then put on a market for a corporation that makes top dollar for it…That, to me, is incentivized incarceration…I don’t believe it’s constitutional. ” Thoughts on Crime, Prison, and Justice

• According to BBC News, the U. S. prison rates are the highest in the world at 724 people per 100, 000 • In Russia, that rate is 581 per 100, 000 (“World Prison Populations”). Worldwide Prison Rates

• “The American criminal justice system holds more than 2. 3 million people in” state, federal prisons, and juvenile correctional facilities” (“Mass Incarceration: The Whole Pie 2016”). U. S. Prison System

• In the U. S. , 1/5 people who are incarcerated are there for a drugrelated offense (“Mass Incarceration: The Whole Pie 2016) U. S. Prison System

• According to PBS, the Committee to Protect Journalists, “reported 259 journalists” worldwide, “the highest total since” they started tracking these numbers in 1990 (“Which nations jail the most journalists? ). Imprisoned Journalists

Countries Imprisoning the Most Journalists

• Ahmed Douma, Egyptian political activist • Arrested in 2012 • Sentenced to life in prison Imprisoned Journalists

• Abdullah al. Fakharany, Egyptian co-founder of Rassd News Network • Arrested in 2013 • Sentenced to life in prison for “spreading false information” and other charges Imprisoned Journalists

• Mahienour El-Massry, Egyptian human rights lawyer and political activist • Arrested in 2013 Imprisoned Journalists

• Roman Sushchenko, Ukrainian journalist • Arrested in 2016 Imprisoned Journalists

• Yang Tongyan, Chinese freelance journalist • Arrested in 2005 Imprisoned Journalists

• Eskinder Nega, Ethiopian columnist, publisher, and editor • Arrested in 2011 Imprisoned Journalists

• Mumia Abu-Jamal, American journalist and political activist • Arrested in 1982 Imprisoned Journalists

• Summary of Essay 2: Select someone, a journalist perhaps, who has been unfairly imprisoned analyze the case Mumia Abu-Jamal Essay 2

• • 1. Introduction 2. Facts and Procedure 3. Standard of Review 4. Error 5. Prejudice 6. Remedy 7. Federalize 8. Procedural Bars A Legal Argument

• I. Introduction • • A. Hook B. Background Information C. Introduce the Case D. Thesis (argument on the case) • II. Definition of a Term (i. e. “justice”) • III. State the Relevant Law • IV. Error in the Case • V. Remedy • VI. Conclusion • Reflect on the justice system Organization of Essay 2

Definition

1. Formal Definition 2. Stipulative Definition 3. Extended Definition Types of Definitions

How We Use Definitions • “The beginning of wisdom is the definition of terms” —Socrates

Formal Definition • Formal Definition: a dictionary definition, which makes for a good starting point

Formal Definition • Paradox: “(1) a tenet contrary to received opinion, (2) a statement that is seemingly contradictory or opposed to common sense and yet is perhaps true, or (3) one (such as a person or situation) having seemingly contradictory qualities or phases”

Stipulative Definition • Stipulative Definition: clarifies a particular way in which an author intends to use a word

Stipulative Definition • In Elizabeth Cady Stanton’s “The Destructive Male” speech, she clarifies what she means by “the masculine element”: “I do not wish to be understood to say that all men are hard, selfish, and brutal, for many of the most beautiful spirits the world has known have been clothed with manhood; but I refer to…the love of acquisition and conquest”

Extended Definition • Extended Definition: used to explore a quality or idea in its full complexity (can help persuade, explain, or amuse)

Extended Definition • Use extended definitions to define: • Abstract concepts like ”patriotism” • A controversial phrase like “how life began on earth” • A colloquial or slang expression • A thing like a “hybrid class” • A scientific idea like “dark matter” • An everyday expression like ”lagging”

Extended Definition • Encyclopedia Britannica defines dark matter as, “a component of the universe whose presence is discerned from its gravitational attraction rather than its luminosity. Dark matter makes up 30. 1% of the matter -energy composition of the universe; the rest is dark energy (69. 4%) and ’ordinary’ visible matter (0. 5%)”

Definition Strategies

Function Strategy • Function Strategy demonstrates how the concept functions in the real world

Example Strategy • Use specific examples to help the reader understand your definition. These examples come from texts and from personal experience

Negation Strategy • Negation strategy is when writers explain something by showing what it is not. Using negation helps to contrast your definition from a definition that comes from another source

Other Strategies of Definition • Use Synonyms to convey the range of the word’s meaning(s) • Use Negation to convey what the word does not mean and how this limits the meaning of the word • Use Etymology to express an original or lesser known meaning of the term • Use comparisons to help the audience understand complex ideas

Other Types of Definitions • Cultural definitions: shaped by the history, values, and attitudes of a national, ethnic, or religious group, like one of our recent writing center topics, where you defined and described an item of cultural significance • Personal definitions: used by writers to express individual interpretations of words or ideas

• “One of the most reliable forms of evidence in many criminal cases is in our genes, encoded in DNA (deoxyribonucleic acid). DNA evidence can be collected from blood, hair, skin cells, and other bodily substances. It can even be used to solve old crimes that occurred prior to the development of DNA-testing technology. Similar to fingerprints, each individual has a unique DNA profile (except for identical twins, who share the same genetic code). ” Definition of DNA

• Using any definition strategies that you want, take 10 -15 minutes to define the term “wrongful conviction” Definition Exercise

• 18 U. S. Code 3600 -DNA Testing: “Upon a written motion by an individual sentenced to imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the “applicant”), the court that entered the judgement of conviction shall order DNA testing of specific evidence” Example of Stating a Relevant Law

• “As used in this section, ‘duress’ means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person”—from Section 261 of California Law, Sexual Assault Statutes Example of Stating a Relevant Law

• 1. Mistaken witness identification • 2. False confession • 3. False forensic evidence • 4. Perjury • 5. Official Misconduct Errors in the Case: Common Reasons Convictions are Overturned

• The famous Central Park Five were convicted and that conviction was later overturned. In 2014 the City of New York awarded them $41 million dollars for wrongful imprisonment Example of a Remedy

Reflection on the Justice System

• Bastoy Prison in Norway provides inmates amenities like tennis, horsebackriding, fishing, and sunbathing Bastoy Prison

• Her Majesty’s Prison Addiewell helps inmates transition back into society by providing “ 40 weekly hours of productive skill building” HMP Addiewell

• Otago Corrections Facility in New Zealand holds classes in light engineering, dairy farming, cooking, and other skills Otago Corrections Facility

• At the Justice Center Leoben in Austria prisoners have single cells, private bathrooms, kitchenette, and a television. Prisoners are also allowed to use the fullyequipped gym, basketball court, and outdoor recreation Justice Center Leoben

• At Aranjuez Prison in Spain, they take an innovative approach to families. They allow infant children to live their first years with their incarcerated parents Aranjuez Prison

• In Sollentuna Prison in Sweden, they offer a state-of-the-art gym, an open-for-use kitchen, TV, couch, and a spacious recreation room Sollentuna Prison

• In Halden Prison in Norway, they offer skill-building classes, video games, a fully equipped gym, and a musical recording facility Halden Prison

• At Cebu Prison in the Philippines, they focus on teaching singing and dancing. Inmates perform and sign autographs Cebu Prison

• At Pondok Bambu Prison in Indonesia, inmates are offered refrigerators, karaoke machines, and nail salons Pondok Bambu Prison

• “Causes of Wrongful Conviction. ” Western Michigan University. https: //wmich. edu/sociology/causes-wrongfulconviction • Committee to Protect Journalism: https: //cpj. org/imprisoned/2016. php • “Dark Matter. ” Encyclopedia Britannica. • “DNA Testing. ” Legal Information Institute. • Foucault, Michel. Crime and Punishment. • Opposing Viewpoints: LASC Library Articles and Databases • Stanton, Elizabeth Cady. “The Destructive Male. ” 1868. • “What is DNA Evidence? ” Findlaw. com. Resources