Framing DNA

• Author: Robert J. Norris
• Published date: 01 February 2017
• DOI: 10.1177/1043986216673014
• Date: 01 February 2017
• Subject Matter: Articles

Journal of Contemporary Criminal Justice

2017, Vol. 33(1) 26 –42

© The Author(s) 2016

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DOI: 10.1177/1043986216673014

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Article

Framing DNA: Social

Movement Theory and the

Foundations of the Innocence

Movement

Robert J. Norris1

Abstract

The “innocence movement” has often been mentioned, but rarely explored in depth.

In particular, scholars have yet to study the beginning of the movement thoroughly.

This article explores the early history of the innocence movement, referred to as the

“foundations” of the movement, suggesting that the common focus solely on DNA as

the source of the movement is an overly narrow historical focus. Based on archival

research and interviews with key movement participants, this article draws on social

movement theory to better understand the roots of the innocence movement, including

its organizational foundation, early leadership, and the identification of the “problem” of

wrongful conviction as a cause worthy of collective action. These three developments

re-framed DNA as a tool to seek justice through post-conviction exonerations, thus

creating the foundation on which the innocence movement was built.

Keywords

wrongful conviction, innocence movement, Innocence Project, social movement,

theory

Introduction

Over the past few decades, the American criminal justice system has been transformed

by an old phenomenon, newly discovered. Wrongful convictions—the convictions of

people who are factually innocent—have occurred in the United States for at least 200

years. It was not until recently, however, that such errors generated widespread con-

cern and coalesced into an organized reform effort. This so-called “innocence

1Appalachian State University, Boone, NC, USA

Corresponding Author:

Robert J. Norris, Appalachian State University, PO Box 32107, Boone, NC 28608, USA.

Email: norrisrj1@appstate.edu

673014CCJXXX10.1177/1043986216673014Journal of Contemporary Criminal JusticeNorris

research-article2016

Norris 27

movement”—the focus of this edited volume—has emerged in recent years to free the

innocent, assist them in reentry, and reform the criminal justice system to prevent

future injustices.

The goal of this article is to examine the foundations of this modern phenomenon,

analyzing innocence as a social movement. I conducted interviews with key members of

the innocence community, as well as archival research, to further develop our understand-

ing of the movement’s history.1 I argue that coverage to this point has been limited, focus-

ing on DNA as the sole cause of the innocence movement. Although DNA has been vital

to the movement, I suggest that its framing as a tool to seek justice through exoneration is

what allowed it to drive the innocence movement. That framing was due, in large part, to

the foundations that were laid in the decade prior to the first DNA exonerations in the

United States. In particular, I focus on three foundational building blocks—an organiza-

tional foundation, the early emergence of movement leaders, and the understanding of

wrongful convictions as a systemic problem—that allowed DNA to be re-framed in such

a way as to serve as the motivator behind the innocence movement.

I begin with a general description of the innocence movement. I then discuss the

limitations in our current understanding of the movement’s history, provide a brief

chronology of its beginnings, and use perspectives from social movement research to

analyze the foundations of the movement.

The Innocence Revelation

Over the last 30 years, more than 1,800 people have been exonerated in the United

States; National Registry of Exonerations (NRE) cases show that in recent years,

exonerations have occurred at a rate of more than two per week.2 There is now an

organized reform effort, led by the Innocence Network, an affiliation of approximately

70 organizations in the United States and abroad that work to free innocents from

prison, assist them in their return to society, and reform the criminal justice system.

Exonerees are also involved in the movement, forming their own organizations and

advocating for positive change in the justice system.

The innocence reform agenda has had some success at all levels. At the federal

level, the 2004 Innocence Protection Act provided standards for DNA testing for

potentially innocent prisoners, quality defense in capital cases, and increased federal

compensation for the exonerated. In 2015, Congress approved the Wrongful Convictions

Tax Relief Act, which stipulates that compensation awards and civil suits won by exon-

erees are exempt from taxes. In addition, more than 35 states have addressed at least

one major contributing factor to wrongful convictions or established commissions to

study errors and propose reforms (Norris, Bonventre, Redlich, & Acker, 2010/2011),

and 30 now have compensation statutes to provide monetary and other assistance to

exonerees after release (see Norris, 2012). Finally, at the local level, a number of

police agencies now record interrogations and have altered their eyewitness practices

to better conform to scientific best practices (e.g., Sullivan, 2016), and several District

Attorneys’ offices have established Conviction Integrity Units to review potentially

questionable convictions (e.g., Emily, 2010).