Talk:Exoneration

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[edit] Merge

The article seems to suggest exoneration is only really encountered as a notable concept when dealing with the release of death row prisoners in the USA on account of DNA evidence. First I'm not sure that exoneration is actually a term of art in most common law jurisdictions. Secondly, there are potentially hundreds of thousands of cases around the globe of convicted criminals having been exonerated (in the loose sense) as a result of all manner of evidential irregularities - not just DNA. Suggest useful content from this article should be merged into Miscarriage of justice which is a wider article representing a global perspective.Dick G 01:56, 15 August 2007 (UTC)

  • Weak keep. Exoneration is a more specific aspect than miscarriage of justice, because exoneration denotes actual proof of innocence in a particular case, whereas miscarriage of justice is a more general term. Furthermore, "exoneration" is literally the opposite of "miscarriage of justice." 69.140.152.55 (talk) 06:16, 26 February 2008 (UTC)

The term exoneration also is used in Ohio criminal law to indicate a surety bail bond has been satisfied, completed, or exonerated. The judge orders the bond exonerated; the clerk of court time stamps the original bail bond power and indicates exonerated as the judicial order. --Sponsion (talk) 21:44, 25 January 2008 (UTC)

[edit] legal mechanism?

What's the legal mechanism for introducing new evidence after all appeals have been exhausted in a conviction? It's my understanding that under Herrera v. Collins, new evidence of actual innocence isn't sufficient for a federal constitutional review. Do states have specific laws permitting new DNA evidence to be used to reopen an otherwise settled case? --Delirium (talk) 00:58, 18 April 2008 (UTC)

To answer my own question, it appears that yes, there are state laws in 31 of the 50 states providing such procedures. This page discusses them a bit. --Delirium (talk) 03:37, 18 April 2008 (UTC)