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Study of Georgia's Wrongfully Convicted Highlights Powerful Need for Reform


Twenty innocent men spent almost 170 years in prison in Georgia for crimes they did not commit. What does eight years mean to you? For these twenty innocent Georgians, eight years is the average length of time each spent behind bars for a crime they did not commit. Just as it is true in exonerations nationwide, mistaken eyewitness identification is the leading cause of Georgia's wrongful convictions.

Clearly, mistaken eyewitness identification is problem in Georgia. Eyewitness evidence, much like physical evidence, is highly subject to contamination and must be collected carefully according to scientific protocols. Without clear, written policies and procedures that instruct law enforcement agencies on the best practices for photo and live lineups, mistakes will continue to be made. And lives will continue to be destroyed.

In 2008 the Georgia state legislature did adopt a resolution that recommended that law enforcement agencies develop written eyewitness identification policies. Unfortunately, the lack of a statutory requirement means that there is still a wide range of practices in Georgia A new report published by The Justice Project, Convicting the Innocent in Georgia: Stories of Injustice and the Reforms that Can Prevent Them highlights thirteen cases of wrongful conviction in Georgia that caused twenty men to collectively spend nearly 170 years in prison. By studying their exonerations and detailing the reoccurring problems that lead to wrongful convictions, the report identifies specific, practical reforms to increase the fairness, accuracy, and reliability in Georgia's criminal justice system.

Robert Clark spent twenty four years in prison after he was falsely convicted of rape, kidnapping, and armed robbery. Calvin Johnson became the first DNA exoneree in Georgia in 1999 after spending sixteen years in prison for a crime he did not commit. Jerry Banks spent six years on death row as a result of inadequate legal representation and prosecutorial misconduct. While the events that have led to the tragedies of these stories cannot be changed, Georgia can implement reforms that will help prevent such tragedies and improve the fairness and accuracy of its criminal justice system.

It is time for Georgia to take the necessary steps to prevent these errors from occurring in the future. The people of Georgia deserve it.

John F. Terzano is President of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.

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John Terzano - The Justice Project

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John Terzano has been involved in social justice advocacy for more than twenty-five years. Terzano led a five-year campaign to pass the Innocence Protection Act (IPA), the first piece of federal death penalty reform legislation to pass Congress and be signed into law. The IPA allows for DNA testing of individuals who may have been wrongfully convicted and authorizes funding to states to clear their DNA backlogs and improve forensic laboratory capacity and standards across the nation as well as provide assistance to states to improve the quality of legal representation for indigent defendants in State capital cases among other reforms. As president of The Justice Project, John is instrumental in working to reform the criminal justice system through public education, litigation support and legislative reform efforts. Terzano received his undergraduate degree in public affairs from the Elliot School of International Affairs at George Washington University; graduated magna cum laude from the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL); and received a Master of Laws (LL.M.) degree in International Legal Studies from American University's Washington College of Law. Terzano is an Adjunct Professor of Law at UDC-DCSL, is a former Vice Chair of the American Bar Association's Section of Individual Rights and Responsibilities Criminal Justice Committee and currently serves on the Board of Directors of the Southern Center for Human Rights and Friends of the Law Library of Congress.

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