Judge Learned Hand's Haunting: The Psychological Consequences of Wrongful Conviction.

• Date: 22 March 2021
• Author: Johnson, Gemma,Engstrom, David W.,Johnson, Gemma^Engstrom, David W.
• Published date: 22 March 2021
• Author: Johnson, Gemma

IN I923, IN A SCATHING DENIAL OF A GROUP OF DEFENDANTS' MOTIONS, Judge Learned Hand noted: Our dangers do not lie in too little tenderness to the accused. Our procedure has been always haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime. (1) A decade ago, legal professionals could still be heard openly endorsing Judge Learned Hand's fantasy of the impossibility of wrongful convictions. Today, however, people on all sides of the legal field are willing to admit that the US legal system, like any human system, is subject to errors and that wrongful convictions do occur. Research exists on the reintegration challenges and rehabilitative needs of parolees. However, as a relatively new phenomenon, research on the postrelease experiences of exonerees (2) is still scratching the surface (Brown 2011). Mostofthe existing research thatfocuses on exonerees' reentry experiences is qualitative (Blandisi et al. 2015). This article focuses on the psychological impacts of wrongful conviction on the exoneree reentry experience, using the voices of 12 innocence organization (3) exonerees. These exonerees returned to society before the 2017 changes in their states Taws, which allowed exonerees to access parolee services.

Review of the Literature

As of January 2020, the National Registry of Exonerations notes a total of 2,542 known exonerations in the United States. (4) These exonerees lost an average of at least 10.9 years of their lives in prison due to their wrongful convictions (The National Registry of Exonerations 2019). The experience of wrongful conviction brings lifelong consequences, including many psychological impacts that can create challenges for the exonerees once they return to the community (Chinn & Ratliff 2009). Some of these consequences appear generally in persons who have spent time in prison, whereas others may be unique to or significantly more prevalent in the wrongfully convicted population.

Psychological Impacts of Prison Generally

The reentry period for prisoners, whether wrongfully or rightfully convicted, has been described as one of confusion and anxiety (Goodwin & Elson 1987). International studies have shown suicide to be a major cause of death for parolees during the reentry period (Binswanger et al. 2011). Typically, parolees go through an initial period of excitement followed by depression (ibid.). Often persons who have spent time in prison experience posttraumatic stress disorder (PTSD), anxiety, sleeplessness, emotional numbing, isolation, and depression when they return to society (Haney 2003b). The living conditions and the substandard treatment prisoners experienced while incarcerated have been described as leaving inmates with a diminished sense of self-worth upon release (ibid.). Other psychological effects of prison include those related to survival strategies developed to cope in a dangerous environment (ibid.).These protective adaptations are in line with the theory of continuing traumatic stress (CTS), which occurs in environments of ongoing realistic threat. The symptoms of CTS are largely consistent with those of PTSD; however, given the ongoing nature of the threat, CTS is distinguishable from PTSD in that the "false alarm" response to the past trauma is not necessarily maladaptive (Eagle & Kaminer 2013).

Typically, the protective strategies that prisoners develop are associated with the concept of institutionalization (Konvisser 2012). Alongside survival strategies, the prisoners' loss of freedom to make their own decisions has also been determined to affect institutionalization (Haney 2003b). All other things being equal, the effects of institutionalization will be more significant the longer a person is in prison and can be more profound for those who enter institutions at an early age (ibid.). If persons are profoundly institutionalized, they can be uncomfortable when their freedom and authority over decisions are restored (ibid.).

Overall, however, the psychological effects of prison vary from person to person. In addition, they are not always harmful and can often be reversed (ibid.). Two studies of the prison population generally have shown the potential for some prisoners to experience positive outcomes from their incarceration, such as those associated with posttraumatic growth (Van Ginneken 2016, Vanhooren et al. 2018). Posttraumatic growth refers to the concept that traumatic experiences, although distressing, may result in positive psychological changes (Tedeschi & Calhoun 2004). These psychological changes include a greater appreciation for life, closer relationships, increased personal strength, positive spiritual change, and recognition of new possibilities in life (Jayawickreme & Blackie 2014). These positive psychological effects and changes are attributed to the struggle that results when the individual's beliefs about the world and the self are challenged (Dekel et al. 2011).The same changes have been observed in former prisoners of war, refugees, and those who have undergone other traumas such as bereavement, war, and natural disaster (Chan et al. 2016, Chen et al. 2015, Cox 2017, Dekel et al. 2011, Zhou et al. 2018).

Psychological Impacts Experienced by Exonerees

There is a limited number of published research studies addressing the psychological impacts of wrongful conviction on exonerees. Exonerees have been compared to other groups who have been through trauma, including veterans, torture survivors, concentration camp survivors, refugees, and asylees (Konvisser 2015). Akin to other trauma survivors and their rightfully convicted counterparts, psychological outcomes for exonerees are variable and complex. Many exonerees leave prison with PTSD, depression, survivor's guilt, emotional and personality changes, and difficulty expressing emotions (Huff & Killias 2013, Konvisser 2015). Additionally, exonerees are commonly described as experiencing a period of excitement followed by depression upon their release (Haney 2003a). They mourn several losses, including their sense of identity, self, and security (Clow et al. 2011, Cook 2011, Huff & Killias 2013, Konvisser 2015). However, compared to parolees, exonerees are described as having another layer of confusion added to their trauma because they struggle to make sense of their experience and find redemptive value in it (Haney 2003a, Jayawickreme & Blackie 2014, Konvisser 2012, Van Slyke 2013). However, like parolees, the effects of prison on exonerees are not entirely harmful. Konvisser (2012, 2015), alone and with coauthor Werry (2017), has examined the concept of posttraumatic growth in exonerees and has described the potential for positive changes alongside the lasting effects of traumatization.

Coping Strategies and Techniques for Exoneree Reentry

Strategies cited as improving or enhancing positive outcomes for exonerees include absorbing the exoneree identity into the person's self-concept and finding some good in the negative experiences (Konvisser 2012). Other strategies include telling their stories openly, finding meaning in their experiences, establishing ties to other survivors, and relying on family support (Huff & Killias 2013, Konvisser 2012). Some cope by seeking out other exonerees at conferences and events, finding comfort in a community that understands their plight (Konvisser 2012). Many exonerees participate in activism and education by speaking publicly about their cases (Huff & Killias 2013, Konvisser 2012). An exploratory study by Konvisser and Werry (2017) indicates that this sort of activism can be healing and cathartic for exonerees. Other benefits for exonerees include feeling that their experience was not in vain, like they are part of something special, and that they are making a difference that will prevent someone else from going through the same experience (ibid.).

Of course, some exonerees can find nothing positive in their trauma. Their survival strategies aim to reduce or avoid the negative consequences of their wrongful convictions and often involve socially isolating or numbing themselves emotionally (Konvisser 2012). Sometimes these avoidance strategies can include self-destructive behaviors such as substance abuse and violence (Huff & Killias 2013, Konvisser 2012). However, other exonerees may simply withdraw from situations that bring up strong emotions and memories of their trial or incarceration (Huff & Killias 2013, Konvisser & Werry 2017). Thus, Huff and Killias (2013) caution against always viewing avoidance as a negative thing.

Methodology

This qualitative, exploratory study examines themes in the postrelease experiences of persons imprisoned after wrongful conviction. The study used comparative content analysis to explore meanings, contexts, and intentions contained in communications (Glaser 1965). The researchers sought to understand the long-term psychological impacts of wrongful conviction and gain insight into common issues and sources of success or difficulty in the societal reintegration of exonerees. The interviews were a secondary data set stripped of personal indicators that could link the interview to an individual identity. The university Institutional Review Board (IRB) determined the research protocol to be exempt from regulatory requirements of the Common Rule (45 CFR 46).

Participants

The secondary data set is from a purposive sample of innocence organization clients released from state prisons in a large Western state. The data was collected by an innocence organization representative. The representative invited all innocence organization clients freed as of May 19, 2017, via email and telephone to participate. Twelve male clients voluntarily agreed to take part in this study. The participants'cases stemmed from six different counties in the state. Eight of the participants had...