Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members

Author:

Itskovich Eran1ORCID,Factor Roni1ORCID,Ohana Daniel1

Affiliation:

1. Institute of Criminology, Faculty of Law, The Hebrew University of Jerusalem, Israel

Abstract

Studies on the criminal justice process up to the point of conviction show that defendants who belong to racially marginalized groups suffer a greater risk of being wrongfully convicted. However, little attention has been paid to the period after conviction. Applying multilevel analysis to data from the National Registry of Exonerations in the United States, we compare the length of the exoneration process for members of racially marginalized minority groups who are shown to have been wrongfully convicted compared with their counterparts from the white majority group. Our results indicate that exonerees from racially marginalized groups serve more time out of their sentence compared to those who are white. Further analysis shows that these differences exist only with respect to exonerees in Republican-controlled states. These findings suggest that not only are racially marginalized minorities wrongfully convicted at higher rates, as found in previous studies, but also that they suffer longer periods of unjustified punishment.

Publisher

SAGE Publications

Subject

Law,Social Sciences (miscellaneous)

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