Differences in Due Process during Post-Conviction: Examining Jurisdictional Influence on Exoneration

Abstract

Research on wrongful conviction has found several factors associated with an erroneous conviction. As of yet, research has not delved into the jurisdictional effects on exoneration. Using the American State’s use of the death penalty for a proxy of punitiveness, this study will examine if there is a relationship between use of capital punishment and exoneration rates. The National Registry of Exonerations is the most comprehensive collection of exonerations to date and this secondary data source will be analyzed using logistic regression models to examine differences across policy environments. Result show that non-death penalty states have a much higher exoneration rate, with significant gender and race patterns showing greater exoneration of Blacks and female defendants in death penalty states

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