Challenging Wrongful Convictions rally at Gov. Hochul’s office on Dec. 21, 2023 in New York City. Credit: Antonia Colodro/Innocence Project
In 2024, thanks to the relentless advocacy of the Innocence Project, Innocence Network partners, exonerees, and supporters, we made huge strides to ensure justice for wrongfully convicted people. From strengthening compensation laws to limiting the misuse of technology by law enforcement, these reforms represent steps toward a more equitable legal system for everyone.
2024 was also a year of playing strategic defense, as we worked to block harmful legislation threatening hard-fought progress for the innocent. Dismantling deeply entrenched systems of injustice isn’t easy and takes the power of collective action to erode it. Here’s a detailed look at the policy wins we celebrated and the critical battles we fought this year.
A Year of Groundbreaking Reforms
Compensation for the Wrongfully Convicted
Wrongfully convicted people serve an average of 14.6 years in prison before they are exonerated. Ensuring they receive meaningful compensation that helps them rebuild their lives is a cornerstone of the Innocence Project’s justice reform strategy. In 2024, several states passed significant legislation to address this issue:
Connecticut took a bold step forward with S.B. 439 by expanding compensation pathways for exonerees like Adam Carmon, Stefon Morant, Marquis Jackson, and Vernon Horn, who testified in support of the bill that introduced crucial reforms. The legislation allows individuals whose convictions are vacated or reversed on grounds consistent with innocence to seek compensation. It also ensures that decisions about eligibility are made within 90 days of a hearing and allows the families of deceased exonerees to receive compensation, providing a semblance of justice even after their loved ones’ passing.
In partnership with the Mid-Atlantic Innocence Project, Maryland’s S.B. 0890/H.B. 1086 updated the compensation process, ensuring exonerees are informed of their rights and removing outdated provisions. The law requires the state to send a written notice to an exoneree if it plans to challenge their compensation claim at a hearing.
It also expands eligibility for compensation to people who were wrongfully convicted of conspiracy to commit a felony. These changes make the process more transparent and fair.
Working with the Virginia Innocence Clinic we were able to secure improvements in Virginia’s compensation law. In Virginia, H.B. 640 increased financial compensation for exonerees, especially those who had been sentenced to death or required to register as sex offenders. This legislation also introduced lump-sum payments, providing immediate financial relief to individuals rebuilding their lives after wrongful incarceration.
Banning police deception
The use of deception in the interrogation of adults and juveniles has led to false confessions in nearly 400 known wrongful conviction cases nationwide. Interrogation experts are encouraging the abandonment of the tactic in favor of more reliable methods. With the passage of H.F. 5216/S.F. 5337, which we campaigned for in close partnership with the the Great North Innocence Project, Minnesota became the 10th state to ban police from lying to juveniles during custodial interrogations.
Strengthening Post-Conviction Relief
The passage of legislation to enhance post-conviction relief demonstrates a growing recognition that wrongfully convicted people deserve due process:
In partnership with the Oklahoma Innocence Project, we passed Oklahoma’s groundbreaking provision S.B. 1835, which now allows district attorneys to file motions to vacate convictions when clear evidence of innocence arises — at any time without a statute of limitations — creating a new pathway for individuals to prove their innocence.
Missouri’s S.B. 754 is a small, but crucial, clarification in post-conviction procedure. The new legislation addresses a critical gap in the state’s post-conviction procedure by clarifying jurisdictional issues that previously stopped the progress of innocence claims. Before this law, even something as technical as determining which courthouse should hear a case could derail compelling claims of innocence, creating unnecessary delays or dismissals. We were proud to work with Midwest Innocence Project to eliminate an unintended barrier in a process already fraught with challenges.
The Great North Innocence Project and Innocence Project teamed up to pass H.F. 5216/S.F. 5337 in Minnesota, which includes clarifying statutes on newly discovered evidence that make it easier for wrongfully convicted people to seek relief. Before this legislation, requests were sometimes denied because they exceeded the two-year statute of limitations or because the law lacked clear definitions of “new evidence” and guidelines for evaluating it. This lack of clarity often led to cases being dismissed on technicalities.
Regulating Law Enforcement Technology
The use of facial recognition technology by law enforcement has raised concerns about misuse and bias. There are at least seven confirmed cases of misidentification due to the use of facial recognition technology, six of which involve Black people who have been wrongfully accused. Maryland led the way with thoughtful regulations.
The state’s S.B. 0182 established critical safeguards, including requiring the Department of Public Safety and Correctional Services to develop and administer a training program regarding the use of facial recognition technology and annual reporting by law enforcement agencies to ensure accountability and transparency in the use of facial recognition technology. These protections help balance technological advances with the need to protect civil liberties and prevent wrongful convictions.
Defending Justice: Bills We Fought Against
This year, we also faced legislative efforts that threatened to undermine justice. These are some of the harmful bills we successfully opposed:
- Iowa (H.S.B. 528/H.F. 2616): The Innocence Project, in partnership with Midwest Innocence Project, successfully pushed back against an effort to impose penalties on defense subpoenas — which are used in criminal cases to require individuals to appear in court or produce items of evidence — that would have potentially restricted defense teams’ access to crucial evidence.
- Kansas (H.B. 2782): We helped block this bill that would have introduced the hypoxia method, or suffocation, as a new form of execution and would have reaffirmed the state’s commitment to the death penalty.
- Kansas (H.B. 2780): This bill would have made it harder for exonerees to receive compensation by increasing the burden of proof of actual innocence (rather than procedural errors in a case), reducing payment rates, and limiting housing support.
- New Jersey (A.C.R. 14): This failed bill proposed a constitutional amendment to reinstate the death penalty under certain circumstances, threatening to reverse progress in the movement to abolish capital punishment, which we know is deeply flawed.
Proclamations Amplify the Voices of the Wrongfully Convicted
The Innocence Project worked with local communities and Network partners to secure proclamations and resolutions recognizing Wrongful Conviction Day — a global event driven by the Innocence Network dedicated to raising awareness of the human cost of wrongful convictions. These local actions are a reminder of how deeply injustice reverberates in families, communities, and the legal system.
In Kentucky, the Louisville-Jefferson County Metro Council adopted a resolution recognizing Wrongful Conviction Day and calling for financial justice for exonerees. The resolution celebrated the work of organizations like the Kentucky Innocence Project and Chandler Project, and honored seven individuals who were wrongfully convicted in the county.
In Indiana, South Bend’s mayor issued a proclamation that highlighted collaborative efforts between the Notre Dame Exoneration Justice Clinic and the Indiana Innocence Project to pass legislation aimed at improving eyewitness identification reliability.
In Florida, the Miami-Dade County mayor and county commissioners issued a proclamation recognizing the University of Miami Law Innocence Clinic and Innocence Project of Florida. The proclamation acknowledged 13 people exonerated in the county since 1989 and underscored the need to update Florida’s statute so no exoneree is denied the compensation they deserve.
Republished courtesy of The Innocence Project