DOES ACQUITTED MEAN NOT GUILTY TRIAL
A person who otherwise qualifies has not been exonerated if there is unexplained physical evidence of that person's guilt.Įxoneree-A person who was convicted of a crime and later officially declared innocent of that crime, or relieved of all legal consequences of the conviction because evidence of innocence that was not presented at trial required reconsideration of the case.Īrson Case-the exoneree was convicted of arson, or the exoneration depended at least in part on evidence that the exoneree did not commit arson.Ĭhild Sex abuse Hysteria (CSH)-A case in which the exoneree was convicted of child sex abuse as part of a wave of child sex abuse prosecutions in the 1980s and 1990s based on aggressive and suggestive interviews of children who were thought to be victims. The evidence of innocence need not be an explicit basis for the official act that exonerated the person.
The pardon, acquittal, or dismissal must have occurred after evidence of innocence became available that either (i) was not presented at the trial at which the person was convicted or (ii) if the person pled guilty, was not known by the defendant and the defense attorney at the time the plea was entered. Exoneration occurs when a person who has been convicted of a crime is officially cleared after new evidence of innocence becomes available.Įxoneration-A person has been exonerated if he or she was convicted of a crime and, following a post-conviction re-examination of the evidence in the case, was relieved of all the consequences of the criminal conviction, and either: (1) was declared to be factually innocent by a government official or agency with the authority to make that declaration or (2) received (i) a complete pardon by a governor or other competent authority, whether or not the pardon is designated as based on innocence, or (ii) an acquittal of all charges factually related to the crime for which the person was originally convicted, in a court of the jurisdiction in which the person was convicted, or (iii) a dismissal of all charges related to the crime for which the person was originally convicted, by a court or by a prosecutor with the authority to enter that dismissal.
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