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Commentary
How Attorneys Can Utilize Social
Workers in Exonerating a Wrongly
Convicted Person
Since 1989, 390 people have been exonerated in Texas; 356 in Illinois; 307 in
New York; 229 in California; and a total of 2,754 in the entire country, say
Christine M. Sarteschi, Ph.D. and an Associate Professor of Social Work and
Criminology at Chatham University and Daniel Pollack, MSSA (MSW),
Attorney and Professor at Yeshiva University’s School of Social Work.
By Christine M. Sarteschi & Daniel Pollack | March 31, 2021 at 11:28 PM
Thanks to some high-profile cases -- Rubin “Hurricane” Carter, the Central Park
Five, Steven Avery (Netflix original documentary series, Making a Murderer) --
the term “exonerated” is now a well-known expression. Since 1989, 390 people
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have been exonerated in Texas; 356 in Illinois; 307 in New York; 229 in
California; and a total of 2,754 in the entire country.
Being accused of a crime is humiliating. Being wrongfully convicted and
incarcerated, often for years, is incomparably worse. From a legal perspective, to
be exonerated is to be completely cleared of the charges for which a person was
convicted. Often this is accomplished by using DNA profiling of biological
material obtained at crime scenes and matching those samples against a DNA
database overseen by the government. Now a widespread forensic practice in many
jurisdictions, such DNA testing has helped many wrongly convicted people prove
their innocence and allowed them to seek exoneration. The Innocence Project and
other organizations assist people who may have been wrongfully convicted by
using DNA and other evidence.
People with severe mental illnesses (SMI) are particularly vulnerable to wrongful
convictions. Utilizing the National Registry of Exonerations (NRE), Carl (2020)
studied 26 cases of exonerated persons with SMI. She found that 96% of were
victims of wrongful convictions due to falsely confessing. The majority were
exonerated based on the use of DNA evidence. While it is not possible to know
precisely why individuals with SMI are prone to false confessions, the problem
may lie, in part, in coercive police interrogations, coupled with the psychological
impairments associated with having an SMI (Carl, 2020). More safeguards are
needed to protect people with SMI from the dangers of wrong conviction.
Among other things, the attorney’s role in post-conviction litigation includes
meeting the client and witnesses, reviewing the entire history of the circumstances
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of the arrest and indictment process, reviewing the evidence that was admitted or
not admitted during trial, drafting pleadings and motions, and representing the
client in court. What is the role of the social worker in this process?
The scholarly literature reveals virtually no information to date about the role
social workers have in the lives of those who have been exonerated. Though little
information exists, there is evidence that social workers already play a role in the
lives of the exonerated but could likely do more. According to the Innocence
Project website, they established a social work program in 2006. The role of the
social worker within this organization seems to be assisting with reentry and
readjustment. The Pennsylvania Innocence Project indicates that they have
multiple social workers (one part-time and two interns as of 2019) assisting with
clients and families as they transition out of the prison system. According to their
website, social workers help with benefits, transportation, counseling, and case
management. They also co-facilitate a support group for exonerees.
Consider the aforementioned individuals with SMI faced with wrongful
convictions, and by extension, the possibility of being executed for a crime they
did not commit. To prevent this, social workers can advocate for better access to
mental health professionals during interrogations, mandatory counsel, or educating
members of the legal system and jurors about psychological impairments of
individuals with SMI (Carl, 2020). Increasing the number of forensically-trained
social workers could help in reducing the overall number of wrong convictions.
Reentry into society, even for those innocent of charges, is a daunting challenge.
Studies reveal exonerated individuals face a host of issues including the lack of life
skills, fear of being out in public and the struggle to reconnect with family
(Thompson, Molina, and Levett, 2012). Karen Wolff, a social worker with the
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Innocent Project, notes that housing is also a major problem for exonerees (Wolff,
2013). Thus far, only 36 states have compensation statutes and many of those are
insufficient in addressing the needs of exonerees (Innocence Project, n.d.). Social
workers can utilize their skills to assist exonerees in meeting these and other
related basic needs of living.
Heilbrun, Fishel, Lankford, and Ratkalar (2020) reviewed the literature regarding
the unique mental health challenges faced by exonerees, particularly that of trauma
in the aftermath of a wrongful conviction. Many exonerees understandably
developed the symptoms of post-traumatic stress disorder (PTSD), depression,
paranoia, substance use, sleep disturbance, mistrust, grief, and loss. Heilbrun et al.,
(2020) noted the scant empirical research about interventions to assist exonerated
individuals and provided an important set of recommendations, many of which
could be implemented or facilitated by social workers. For instance, social workers
could assess the needs of exonerees as they begin the reentry process (i.e. needs
assessment) or provide psychotherapeutic treatment for those dealing with complex
trauma.
A less discussed issue faced by exonerees is the experience of societal stigma.
Thompson, Molina, and Levett (2012) conducted two studies to better understand
stigmatization experienced by individuals who are wrongly convicted. They
wanted to see if they faced stigma akin to that of those found guilty of criminal
offenses or parolees. Their results were mixed. The participants in their study did
not desire personal relationships with exonerees, however, they were mostly
receptive to their reentry into society. Their findings highlight the positive public
perception that exonerated individuals may have in society. That knowledge might
make it easier for both attorneys and social workers to respond to the many needs
of exonerated individuals.
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Christine M. Sarteschi, Ph.D. is Associate Professor of Social Work and
Criminology at Chatham University in Pittsburgh, PA. Contact:
csarteschi@chatham.edu; 412-365-2957.
Daniel Pollack, MSSA (MSW), Esq. is Professor at Yeshiva University’s School
of Social Work, New York City. Contact: dpollack@yu.edu; 646-592-6836.