Wrongful convictions harm lives and communities and are more likely to affect those who are already disenfranchised. Unjust and harsh penalties, racially biased laws and agents of the law, financial barriers to resources, complex post-conviction relief requirements, and inhumane prison conditions are only some of the systemic issues in the U.S.’s criminal justice system.
To truly uphold justice, the system must become accessible and effective for all individuals. Understanding these barriers and how they can be challenged and reformed is essential to overturning wrongful convictions. By dismantling these unfair and biased systems, this can limit the frequency and severity of harsh and unjust convictions.
What Barriers Exist in Post-Conviction Relief?
Barriers in the post-conviction relief process make it hard for individuals wrongfully or harshly convicted to get the justice they deserve. Many of these barriers are systemic and even foundational to the criminal justice system.
Some of these issues include:
- Financial barriers. Bail, legal support, and other resources require more financial ability than many people have. The justice system is easier to navigate for those with money and resources, while those without resources can lose much more. Being unable to pay bail can have housing and job consequences, and getting qualified legal support can have other long-term consequences on a person’s future.
- Procedural complications. The process of filing an appeal or other post-conviction relief can be very complicated and come with many deadlines and legal requirements. Many people in the criminal justice system are not given the information and resources needed to navigate post-conviction relief.
- Standard of proof. Once a person has been convicted of a crime, they are assumed guilty under the law. There is a much higher standard of proof to appeal or overturn a conviction because there is no longer a presumption of innocence. Presenting this proof also requires thorough evidence and arguments, which is much easier with legal resources.
These barriers are much more likely to affect marginalized communities and individuals due to factors like over-policing and the criminalization of homelessness.
Everyone should have access to the same support and resources in the criminal justice system, but this is not currently the reality. There are ways to change things, however. Policy reforms to many aspects of the justice system can help individuals get the post-conviction relief they are owed, while also preventing miscarriages of justice in the future.
Policy Reforms to Combat the Effects of Wrongful Conviction
No one modification can fix a system that relies on these barriers. Instead, there are many changes that should be considered when reforming the criminal justice system. These changes also benefit those who are wrongfully and harshly convicted.
Some of these include:
- Inequitable bail and lack of financial support. Bail can keep individuals in jail simply because they can’t afford it. In addition, bail hearings can often be unfair. Reforms should consider fair determination of bail and ensuring that those charged with crimes get the resources and legal support they have the legal right to. Providing more access to legal resources makes it easier for individuals to follow the requirements of post-conviction relief.
- Systemic racial biases. Law enforcement, prosecutors, judges, and others in the system can practice racial discrimination in each aspect of the criminal justice process, intentionally and subconsciously. Laws themselves also may be based on racial biases and discriminatory practices. Changing these laws and ensuring more accountability in the justice system and law enforcement is one small step in limiting misconduct that leads to wrongful convictions and harsh criminal penalties.
- Punitive vs. restorative justice. The criminal justice system in the U.S. has historically focused on penalties and the assumption that those considered criminals cannot be changed or redeemed. Restorative justice that focuses on accountability, support, and reintegration with a community shows a better path for the system. Combating laws for extreme penalties and harsh consequences can help prevent punitive justice. It can also limit the likelihood of overly harsh sentences for individuals in the system.
- Prison conditions. Policy changes can provide improved medical care, better protection from disease, resources for those who are disabled, mental health support, and compensation for the labor done by prisoners. By improving the condition of prisons and jails, people can be treated with respect and dignity. This includes those who have been wrongfully incarcerated for crimes they did not commit or those who were assigned a penalty much more severe than the crimes they committed.
- Compensation for those wrongfully convicted. When someone is wrongfully convicted, even the triumph of getting justice can be bittersweet. Individuals can lose years of their life to imprisonment, face terrible prison conditions, and have little to no resources after being released. These significant financial and emotional losses should be compensated in post-conviction relief. While there are options for support and financial compensation, it is often not enough.
Advocacy is crucial to provide support for policy change and awareness of our current justice system. This advocacy needs to support small victories for individuals who were released from wrongful imprisonment while also fighting for the structural changes that can prevent these injustices from happening.
Getting the Support of Independent Advocacy Organizations Like NLPA
Wrongful and harsh convictions can affect individuals, their families, and their communities. Because structural biases are more likely to harm those who are already vulnerable, it can be difficult to secure the support needed to fight against unfair charges or convictions. While it can be a very difficult time for everyone involved and can make you feel helpless, there are options.
Independent advocacy organization NLPA offers resources to those dealing with wrongful convictions. We connect you with legal representation, review your case for post-conviction relief options, and help you understand your options. We also work to inform the public and raise awareness about the changes needed to ensure the justice system is fair for all.
When the legal system has failed you, NLPA fights for the justice you deserve. Contact us today and learn how our team can advocate for your future.
