Actual Innocence Laws Are a No-Brainer, So Why Don’t More States Have Them?

Sometimes when someone is exonerated after being wrongfully convicted, people say to me, “See?  The system works.”  But it’s hard to say that justice was served in the case of Kerry Max Cook (pictured above), who spent 20 years on Texas death row for a rape and murder he didn’t commit. 

Mr. Cook was tried three times (his first conviction was thrown out, his second trial ended in mistrial, he was convicted again in a third). Evidence of police and prosecutorial misconduct persisted as his case slowly wound through Texas courts. Ultimately, rather than risk being convicted in a FOURTH trial, Mr. Cook cut a deal for his freedom, accepting the conviction. Until last month, he was a free man, but living with all the collateral consequences of a felony conviction. 

Last month, Mr. Cook was finally officially exonerated by the state of Texas, under its actual innocence statute. Five decades after the events, his name is finally cleared. 

One of the reasons Cook and his legal team were finally able to clear his name is that Texas has an Actual Innocence law — allowing appellants in Texas courts to appeal their conviction based on evidence of actual innocence, rather than on solely procedural grounds. 

Most Americans don’t know that “I didn’t commit the crime for which I was convicted” is NOT justification for an appeal in most states. Instead, once a judge or jury has decided you’re guilty, your only hope is to claim that due process was not provided - that is, that your case had procedural deficiencies that might have impacted the final decision about your guilt.  Texas is one of just a handful of states with actual innocence laws on the books. 

It’s clear that Actual Innocence statutes like the one in Texas are an important element of the fight against wrongful convictions. If Illinois had an actual innocence statute, for example, Kevin Jackson would have another legal tool to challenge his conviction. He has been in prison since 2001 for a murder he has always maintained he didn’t commit. Prosecutors agree that he is innocent. But last month a judge rejected Jackson’s appeal on procedural grounds. 

https://www.cbsnews.com/chicago/news/judge-upholds-controversial-decision-kevin-jackson-case/

I could go on listing the countless people challenging their convictions in states without a clear means to establish innocence. Passing actual innocence statutes is an important step toward a more just system.