Innocence Initiatives in the United States and Australia

• In Event: Gender, Race, and the Carceral State: Paths to Justice and Reform

Abstract

Convicting an innocent person is one of the most profound injustices in the criminal justice system. This raises concerns about fairness, due process, and reliability. In response to this issue, innocence initiatives have emerged to support the wrongfully convicted in their pursuit of justice. These initiatives work to identify, investigate, and rectify wrongful convictions through legal and advocacy efforts. Beyond case investigation, they may play a role in advocating for policy changes, including the adoption of new forensic standards, mandatory recording of police interrogations, and expanded access to post-conviction appeals. Innocence initiatives face significant challenges, including limited funding and overwhelming caseloads that can prevent thorough investigations of all submitted claims. While initiatives in the US have seen many successful exonerations, Australia has not achieved the same outcomes, with no exoneration being directly attributed to an innocence initiative. This paper discusses how innocence initiatives operate and respond to wrongful convictions in the United States and what Australia could learn from them.

Authors

• Daisy Nugent, University of Newcastle, Australia

• Ray Nickson, University of Newcastle, Australia