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58 Washburn L.J. 493 (2019)
Exonerated, Free, and Forgotten: How States Continue to Punish Wrongfully Convicted through Procedural Hoops and Inadequate Compensation

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Exonerated, Free, and Forgotten: How States

Continue to Punish the Wrongfully Convicted
Through Procedural Hoops and Inadequate

Compensation


Audrey   D. Koehlert


                            I. INTRODUCTION

     Imagine  one  day being  arrested for a crime you did not commit-
and  worse-imagine you are convicted of that crime. Since 1989,
2360   people   have   lived  that  nightmare and have since been
exonerated   from convictions  for crimes they  did not commit.1   These
exonerees   have  served  an  average  of 8.7 years,  with  121  of those
exonerees  having  been  on death  row.2 In addition  to the humiliation,
loss of liberty, and  despair  associated  with  a wrongful   conviction,
many   exonerees  face additional  hurdles upon  release  through  lack of
employment, services, and financial support.3




t B.A. 2014, Wichita State University; J.D. Candidate 2019, Washburn University School of
Law. Thank you to Kelsey Hodgdon for her guidance and encouragement throughout the writing
process and to Professor Gillian Chadwick and Jeremy Koehler for their suggestions and
thoughtful feedback.
    1. Exonerations    by     State,    NAT'L    REGISTRY     EXONERATIONS,
https://www.law.umich.edu/speciallexoneration/Pages/Exonerations-in-the-United-States-
Map.aspx  [https://perma.cc/KG7M-V3FU] (last updated Dec. 20, 2018) [hereinafter
Exonerations by State]. [A]n exoneration occurs when a person who has been convicted of a
crime is officially cleared based on new evidence of innocence. Glossary, NAT'L REGISTRY
EXONERATIONS,        https://www.law.umich.edu/speciallexoneration/Pages/glossary.aspx
[https://perma.cc/WCZ6-YK481 (last visited Dec. 31, 2018). Many exonerees were wrongly
convicted of serious crimes, with thirty-eight percent convicted of murder, fourteen percent
convicted of sexual assault, eleven percent convicted of child sexual abuse, five percent convicted
of robbery, and the remaining thirty percent convicted of drug-related or other crimes.
Exonerations by State, supra.
    2. Exonerations by State, supra note 1. Although there have been no posthumous
exonerations in the United States, some argue there is a strong possibility that a number of
innocent men have been put to death for crimes they did not commit. See Jessica Dwyer-Moss,
Flawed Forensics and the Death Penalty: Junk Science and Potentially Wrongful Executions,
11 SEATTLE J. Soc. JUST. 757, 760 (2013).
    3. Leslie Scott, 7t Never, Ever Ends: The Psychological Impact of Wrongful Conviction,
5 CRiM. L. BRIEF 10, 10 (2010).


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