# Sentenced to death and executed - Later proven innocent? **URL:** \ **Category:** Factual Questions\ **Created:** [May 5, 2012, 7:45pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016 "2012-05-05T19:45:10Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![leahcim](https://avatars.discourse-cdn.com/v4/letter/l/b4bc9f/32.png) [@leahcim](https://boards.straightdope.com/u/leahcim)\ **Post date:** [May 7, 2012, 4:05pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/41 "2012-05-07T16:05:09Z")
> [@Czarcasm](#): > > “Knowing somebody is innocent after the fact” does not equal “legally exonerated”. We can be in agreement that those executed during the witch trials were innocent of charges…but neither of us have the authority to find them legally innocent. Is that even possible in the U.S. legal system? Do courts (the only institution able to declare anyone legally not-guilty) ever take up appeal cases of persons who have already been executed? If not, then by that standard an executed person will never be exonerated _by definition_. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 7, 2012, 4:09pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/42 "2012-05-07T16:09:28Z")
> [@leahcim](#): > > Is that even possible in the U.S. legal system? Do courts (the only institution able to declare anyone legally not-guilty) ever take up appeal cases of persons who have already been executed? If not, then by that standard an executed person will never be exonerated _by definition_. Damn good question. Can any of our legal eagles tell us whether or not the answer to the OP is “Currently legally impossible”? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 7, 2012, 4:18pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/43 "2012-05-07T16:18:51Z")
> [@Peter\_Morris](#): > > apart from arguing the logic of your post, it would have taken you 30 seconds to Wiki the answer. > > Yes, they were declared legally innocent, and substantial compensation awarded to the survivors, and the families of the deceased. > > [John Proctor - Wikipedia](http://en.wikipedia.org/wiki/John_Proctor#Aftermath) > Edit - I see that you HAVE now wiki’d it. Why didn’t you do so originally? It seems that I Wiki’d the wrong section, and that those executed _were_ exonerated. Thank you for that link. Do we know if the current U.S. governments(Federal, State and Local) allow exoneration of those who have been executed? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 7, 2012, 4:27pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/44 "2012-05-07T16:27:55Z")
Apparently I missed reading the final paragraph of **Peter Morris’** link: > [@](#): > > In 1992, the Danvers Tercentennial Committee persuaded the Massachusetts House of Representatives to issue a resolution honoring those who had died. After much convincing and hard work by Salem school teacher Paula Keene, Representatives J. Michael Ruane and Paul Tirone and a few others, the names of all those not previously listed were added to this resolution. When it was finally signed on October 31, 2001 by Governor Jane Swift, more than 300 years later, all were finally proclaimed innocent. The Governor declared all that were executed to be innocent. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 7, 2012, 4:30pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/45 "2012-05-07T16:30:57Z")
> [@Loach](#): > > I would like a cite from your vast police experience. In all my years of police work and being a detective I can say that there has never been a pressure to close the case regardless of the truth. The absolute worst thing that could happen personally and professionally is to lock away the wrong person. Sometimes there is pressure to close a case (never murder) because there is not enough evidence to arrest anyone and it’s time to move on to other cases. There has never been pressure to just make an arrest regardless of the truth. Try not to pull things out of your ass when answering questions here. Hmmm… read the summary of the Coffin case. Pressure from the USA all the way down. Plus, I am pretty sure I read several of the “please save X from death row” appeals over the years that suggested person in danger of being executed was not the main instigator or trigger-puller. Not exactly the OP’s question, but does seem to violate the sense of justice that a killer can escape the death penalty by blaming his accomplices who did not actively commit the murder, even if they are all technically guilty under the law. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 7, 2012, 5:06pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/46 "2012-05-07T17:06:39Z")
> [@md2000](#): > > Hmmm… read the summary of the Coffin case. Pressure from the USA all the way down. You said “Despite what we see on detective shows, police are rarely motivated to find `the truth`. The pressure is to close the case.” _Rarely_. As proof you show one Canadian case from the 1950s. I bow to your superior knowledge of the motivation of thousands of police officers working on thousands of cases. ---
**Author:** ![Capt\_Kirk](https://avatars.discourse-cdn.com/v4/letter/c/779978/32.png) [@Capt\_Kirk](https://boards.straightdope.com/u/Capt_Kirk)\ **Post date:** [May 7, 2012, 5:07pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/47 "2012-05-07T17:07:05Z")
> [@Loach](#): > > I would like a cite from your vast police experience. In all my years of police work and being a detective I can say that there has never been a pressure to close the case regardless of the truth. The absolute worst thing that could happen personally and professionally is to lock away the wrong person. Sometimes there is pressure to close a case (never murder) because there is not enough evidence to arrest anyone and it’s time to move on to other cases. There has never been pressure to just make an arrest regardless of the truth. Try not to pull things out of your ass when answering questions here. I am sure you are a professional and would not stoop to this, so no slam at you but[http://en.wikipedia.org/wiki/Clarence\_Brandley](http://en.wikipedia.org/wiki/Clarence_Brandley) ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 7, 2012, 5:21pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/48 "2012-05-07T17:21:21Z")
> [@Capt\_Kirk](#): > > I am sure you are a professional and would not stoop to this, so no slam at you but[http://en.wikipedia.org/wiki/Clarence\_Brandley](http://en.wikipedia.org/wiki/Clarence_Brandley) No doubt there have been miscarriages of justice, especially in times and places in which race was a major factor. I am not familiar with the case and have no knowledge beyond what is written in wiki. But I refute the fact that it is important to someones career to close a case regardless of the truth. At least nowadays it takes a tremendous amount of work and several years to get someone convicted of murder. There is no profit in going after someone innocent just to close a case. Its not that simple. Even taking taking out any possibility of the officer having a conscience or being motivated by putting away the guilty, a career of attaboys for getting convictions would be wiped out by putting one innocent man away. As someone who works as detective I can tell you without a doubt there is no pressure to get a conviction regardless of the truth. In fact its nearly impossible to go forward if its not a slam dunk. Prosecutors don’t like taking chances. ---
**Author:** ![Capt\_Kirk](https://avatars.discourse-cdn.com/v4/letter/c/779978/32.png) [@Capt\_Kirk](https://boards.straightdope.com/u/Capt_Kirk)\ **Post date:** [May 7, 2012, 6:35pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/49 "2012-05-07T18:35:02Z")
Loach, I guess NJ works a little different than here in the Death Penalty Capitol of the US(Harris County TX). There is significant pressure to solve/convict here and we have changed the laws about appeals to make it easier to execute, sadly I think it is only a matter of time before we have proof that an innocent has been executed. Cameron Todd Willingham may be the first provable case but we will see. Part of the problem is our Prosecutors are elected and any perceived weakness on the Death Penalty gets you booted out of office, I don’t think that anyone would do it intentionally anymore(like Brandley) but the pressure is enormous especially if the victim is White and Female ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [May 7, 2012, 7:31pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/50 "2012-05-07T19:31:43Z")
> [@Czarcasm](#): > > It seems that I Wiki’d the wrong section, and that those executed _were_ exonerated. Thank you for that link. Do we know if the current U.S. governments(Federal, State and Local) allow exoneration of those who have been executed? I’ve heard of at least one that died of natural causes while on death row, and was later exonerated. Since that was possible, Since that was possible, I can’t see why it would be impossible after execution. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [May 7, 2012, 7:44pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/51 "2012-05-07T19:44:34Z")
> [@Loach](#): > > But I refute the fact that it is important to someones career to close a case regardless of the truth. At least nowadays it takes a tremendous amount of work and several years to get someone convicted of murder. There is no profit in going after someone innocent just to close a case. Its not that simple. Even taking taking out any possibility of the officer having a conscience or being motivated by putting away the guilty, a career of attaboys for getting convictions would be wiped out by putting one innocent man away. As someone who works as detective I can tell you without a doubt there is no pressure to get a conviction regardless of the truth. In fact its nearly impossible to go forward if its not a slam dunk. Prosecutors don’t like taking chances. I hope you are kidding. There examples aplenty of police [making up stories](http://www.alternet.org/newsandviews/article/912616/video_shows_black_teen_brutally_beaten_by_nypd_officers_was_not_holding_drugs,_did_not_punch_officer/), [prosecutors hiding evidence](http://www.nytimes.com/2012/03/16/us/politics/report-details-inner-workings-of-troubled-ethics-trial-of-senator-ted-stevens.html?_r=2&adxnnl=1&partner=rss&emc=rss&adxnnlx=1331841685-L/xLH6iKvbRPc2Ykt+C31g) that could exonerate the accused, [corrupt judges](http://www.nytimes.com/2009/02/13/us/13judge.html?pagewanted=all) and so on. I am not saying they are all or even mostly corrupt but examples are not hard to come by either (and those are the ones who were caught, it is reasonable to assume many are not caught either). Further, the vast majority of criminal cases do not go to trial ([less than 5%](http://www.northwestern.edu/newscenter/stories/2009/03/burnstrial.html)). By far most are plea agreements and while you may say that those pleading out are only the guilty doing so because they know they are guilty to think so would be naive in the extreme. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 7, 2012, 7:56pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/52 "2012-05-07T19:56:50Z")
I don’t doubt the majority of law enforcement are honest and want to do a good job (seriously, not sarcasm). But when a person appears to “fit the bill” and there is some evidence, the police are not your friend and are not there to help you or make things easier, no matter what they say in interrogation. I suspect the majority of execution cases nowadays get such serious scrutiny, that there is unlikely to be much doubt compared to many of the railroading cases of the 60’s and earlier. Another interestingcase to consider was the “Let him have it” case in Britain in the 1950’s. > [@](#): > > Let Him Have It is a 1991 British film, which was based on the true story of the case against Derek Bentley, who was hanged for murder under controversial circumstances on 28 January 1953.[1] While Bentley did not directly play a role in the murder of PC Sidney Miles, he received the greater punishment than the gunman (who was below the age of 18). It stars Christopher Eccleston as Bentley, with Paul Reynolds, Tom Courtenay and Tom Bell and was directed by Peter Medak. > > The title of the film is taken from Bentley’s alleged cry of “Let him have it, Chris!” shortly before Christopher Craig shot and wounded the first policeman on the scene. Crown prosecutors suggested that Bentley meant “Go ahead and shoot him,” whilst Frank Cassells for the defence argued that he meant “Give him the gun” (and thus, surrender). > > Craig was sentenced to gaol “at Her Majesty’s pleasure”, and spent ten years there. He has been a law abiding citizen ever since. Again, the actual triggerman gets off from the death penalty, and there is some question whether the accomplice meant for the triggerman to shoot or surrender… but they hanged him anyway. How guilty does someone need to be to be executed? The law used to provide hanging as a sentence for stealing a loaf of bread or pickpocketing. (And stoning for fornication if we go back far enough…) Meanwhile the judicial system is so disfunctional that many criminals can dodge serious sentences by pleading down to lesser crimes. ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [May 7, 2012, 8:27pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/53 "2012-05-07T20:27:42Z")
> [@md2000](#): > > Again, the actual triggerman gets off from the death penalty, and there is some question whether the accomplice meant for the triggerman to shoot or surrender… but they hanged him anyway. Actually, there is a point that many people have not understood about this. It is entirely irrelevant what the phrase “let him have it” meant. A policeman named Faifax confronted the pair. Bentley allegedly said “let him have it” and Craig shot and wounded Fairfax. He survived. Bentley surrendered, and was taken into custody. Some time later, Craig shot and killed another policeman, Sidney Miles. Bentley was no longer on the scene. So, the words “let him have it” may have been an incitement to shoot Fairfax, or they may not. It doesn’t matter. They most certainly were not an incitement to shoot Miles. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 7, 2012, 8:41pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/54 "2012-05-07T20:41:36Z")
> [@Peter\_Morris](#): > > Actually, there is a point that many people have not understood about this. It is entirely irrelevant what the phrase “let him have it” meant. > > A policeman named Faifax confronted the pair. Bentley allegedly said “let him have it” and Craig shot and wounded Fairfax. He survived. > > Bentley surrendered, and was taken into custody. > > Some time later, Craig shot and killed another policeman, Sidney Miles. Bentley was no longer on the scene. > > So, the words “let him have it” may have been an incitement to shoot Fairfax, or they may not. It doesn’t matter. They most certainly were not an incitement to shoot Miles. So what exactly was Bentley hanged for? Accomplice in attempted murder of Fairfax, or accomplice in some way of death of Miles, or just generally “let’s hang someone”? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 7, 2012, 8:46pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/55 "2012-05-07T20:46:43Z")
> [@Quartz](#): > > Amazon has the index page viewable. The tale is ‘Morrison hears it all’ on p 30. Not that i can see. Got a cite or a wiki link or even a name? Also to the others, note that the Op asks for " _case in recent history "_ ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [May 7, 2012, 8:47pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/56 "2012-05-07T20:47:58Z")
> [@Martin\_Hyde](#): > > In the United States, since the death penalty has been reinstated, no person executed after that time has ever been exonerated legally post-execution. This is a pretty meaningless factoid, as there is no legal process to appeal a conviction after the defendant is dead. ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [May 7, 2012, 8:54pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/57 "2012-05-07T20:54:14Z")
> [@md2000](#): > > So what exactly was Bentley hanged for? Accomplice in attempted murder of Fairfax, or accomplice in some way of death of Miles, or just generally “let’s hang someone”? For the death of Miles. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 7, 2012, 9:11pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/58 "2012-05-07T21:11:18Z")
> [@Fear\_Itself](#): > > This is a pretty meaningless factoid, as there is no legal process to appeal a conviction after the defendant is dead. There is, actually–to provide peace to the family of the deceased, and in the case of the death penalty to prove the death penalty doesn’t work. It would be a powerful symbolic victory for anti-capital punishment activists. You’re obviously not entirely informed on the anti-CP movement, they are definitely interested in following through with the legal procedures necessary to exonerate someone who is deceased. There are lots of people in the United States who have received legal exoneration after death, so the concept is not fanciful at all. It’s not entirely common, for as you said, the motivation isn’t great, but it does happen. For example in Texas Timothy Cole was convicted of rape and died of an asthma attack in prison. He was proven conclusive to have not committed the rape by DNA evidence after the fact, and an Austin court declared him legally exonerated. Initially Rick Perry said he didn’t view the exoneration as legal (but he had no means to overrule the decision of a court), and that he would not issue a pardon (something his family wanted in addition to the court exoneration) because he was not permitted to exonerate dead men. He ended up going through with a pardon in 2010–so in Timothy Cole’s case you have a deceased person who was both exonerated by the judicial branch and pardoned by the executive branch, based on conclusive DNA evidence demonstrating factual innocence. You can bet any amount of money you want that anti-CP activists would push for exactly the same thing to happen (and are pushing) in any case in which they believe someone who has been executed was factually innocent and they have sufficient evidence to secure an exoneration. (I’m anti-CP but don’t consider myself an activist on any matter, just as an FYI.) ---
**Author:** ![Mk\_VII](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@Mk\_VII](https://boards.straightdope.com/u/Mk_VII)\ **Post date:** [May 7, 2012, 9:36pm UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/59 "2012-05-07T21:36:29Z")
> [@md2000](#): > > So what exactly was Bentley hanged for? Accomplice in attempted murder of Fairfax, or accomplice in some way of death of Miles, or just generally “let’s hang someone”? Joint enterprise. When several come together for a common purpose each may be equally guilty of murder regardless of who struck the fatal blow. ---
**Author:** ![dudleysharp](https://avatars.discourse-cdn.com/v4/letter/d/839c29/32.png) [@dudleysharp](https://boards.straightdope.com/u/dudleysharp)\ **Post date:** [May 8, 2012, 10:58am UTC](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016/60 "2012-05-08T10:58:55Z")
I review a number of the cases whereby anti death penalty folks have presented inaccurate case descriptions within link (1) below, inclusive of the Cameron Todd Willingham case. These deceptions have become quite common and are a standard part of the anti death penalty campaign. There have been 9, not 15, cases of death row releases based upon DNA exclusion. THE DEATH PENALTY: SAVING MORE INNOCENT LIVES Of all endeavors that put innocents at risk, is there one with a better record of sparing innocent lives than the US death penalty? Unlikely. 1. The Death Penalty: Saving More Innocent Lives [ProDPinNC: The Death Penalty: Saving More Innocent Lives](http://prodpinnc.blogspot.com/2012/03/death-penalty-saving-more-innocent.html) 2. Innocents More At Risk Without Death Penalty [ProDPinNC: INNOCENTS MORE AT RISK WITHOUT DEATH PENALTY](http://prodpinnc.blogspot.com/2012/03/innocents-more-at-risk-without-death.html) [Previous page](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016.md?page=2) [Next page](https://boards.straightdope.com/t/sentenced-to-death-and-executed-later-proven-innocent/621016.md?page=4)