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Exhausted
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20 April 2027
With thousands of people exonerated in the US for crimes they didn't commit, the prevalence of false convictions has been well established. But what happens after sentencing has received little attention. In Exhausted, Elizabeth Webster and Belén Lowrey-Kinberg take a closer look at how the criminal legal system corrects false convictions and how the exonerated experience that process. Exonerees’ struggles to learn the law, their journey back to the courtroom, and their continued legal battles after release are vital to evaluating our system’s error correction process.
Exhausted analyzes interview and survey results with 36 men and women exonerated in non-capital cases from a sociolegal approach. Exonerees recount their experiences of the appellate process, their exoneration proceedings, their post-conviction interactions with courts and court professionals, and their suggestions for improving the system.
Through exonerees’ accounts, the authors show that every stage of the appellate and postconviction process brought repeated experiences of injustice. They find that the substantive justice of the exoneration is undermined by the procedural injustice of the appellate process and the lack of apology and accountability after exoneration. They explore exonerees’ involvement as active agents in their appeals and outreach, while recognizing variation in the extent to which they relied upon formal legal channels. Ultimately, the book aims to demonstrate how the courts burden the falsely convicted with correcting errors of justice that the system is responsible for.
For more than three decades, scholars and advocates have documented why wrongful convictions happen. In Exhausted, Webster and Lowrey-Kinberg ask the critical next question: what happens after an innocent person has already been failed by the system? Drawing on the voices and experiences of exonerees themselves, they reveal how the appeals process, designed as a safeguard, becomes yet another obstacle for the falsely convicted. This is a deeply researched, powerful, and necessary book that shifts our understanding of wrongful convictions from the moment of error to the long and often painful struggle to correct it. Anyone concerned about justice, innocence, and the legitimacy of our legal system should read it.
Elizabeth Webster is Associate Professor in the Department of Criminal Justice and Criminology at Loyola University Chicago.
Belén Lowrey-Kinberg (Author)
Belén Lowrey-Kinberg is a researcher in the Department of Criminology, Law and Society at the University of California, Irvine.