Voices for the Voiceless: Nonprofits and Grassroots Activism in the Battle Against Wrongful Convictions

Wednesday, October 2, 2024, was Wrongful Conviction Day: a day dedicated to honoring those impacted by wrongful convictions, advocating for policy reform, and spreading awareness about wrongful convictions.

When an innocent person is wrongfully convicted, the ripple effects are devastating — lives are shattered, families are broken, and entire communities lose faith in the justice system. These miscarriages of justice highlight the urgent need for criminal justice reform at every level of law enforcement and the judiciary. Nonprofits have a pivotal role to play against wrongful convictions, championing reforms, and mobilizing grassroots advocacy to drive policy change.

What Can We Do Now?  

There is an urgent need to address wrongful convictions and reform the criminal justice system. Wrongful convictions not only represent a failure of the legal system but also inflict irreparable harm on innocent individuals, their families, and their communities. Here’s how nonprofits can take a stand and work towards a fairer, more just system.

Prevention and Reform  

Grassroots public charities have the legal right to advocate and lobby and should actively join the fight against wrongful convictions and incarcerations by mobilizing support for policies that safeguard against wrongful convictions. Through coordinated action and solidarity, they can ensure justice for the wrongfully convicted and hold elected officials accountable for their actions.

Legislation impacting wrongful convictions, exoneree compensation, and other critical justice issues is advancing nationwide. Michigan’s SB 997, for instance, seeks to close gaps in the Wrongful Imprisonment Compensation Act, expanding vital support to a greater number of exonerees. Likewise, the Great North Innocence Project is championing Minnesota’s HF 2319, which amends the statute of limitations for post-conviction relief, allowing for key exceptions under certain circumstances. Additionally, the Innocence Project is spearheading a grassroots lobbying campaign against S.2930/A.4045, a proposed bill that would severely restrict access to government records, undermining public transparency and accountability.

Advocacy efforts, like lobbying, have been instrumental in giving a voice to the freed and exonerated, raising awareness about their plight, and educating legislators on the critical importance of addressing this issue. Effective lobbying by nonprofit organizations can influence policy outcomes and increase the likelihood of meaningful reform. Without an active voice in the policy process, organizations risk being sidelined, and their concerns may be overlooked. Lobbying allows organizations to contribute to the dialogue, ensuring that their voices are heard and that their opinions are considered.

Nonprofit organizations – even those that do not engage in lobbying – can uplift the voices of those affected and fight against wrongful convictions legally, effectively, and boldly by engaging in other types of advocacy, such as conducting research, hosting conferences, and engaging in litigation. Nonprofits can also engage in executive branch advocacy, such as the Innocence Project’s campaign urging Governor Abbott to halt the impending (October 17) execution of Robert Roberson, a Texas man wrongfully convicted of his daughter’s death. This form of advocacy does not count against the organization’s lobbying limits.

Public Awareness and Education  

Once people hear the heartbreaking stories of wrongful convictions, they are often moved to act. These narratives highlight the profound injustices faced by innocent individuals who have been wrongly imprisoned, revealing the deep flaws within the criminal justice system. The emotional impact of these stories can inspire individuals to support reform efforts, advocate for policy changes, and join organizations dedicated to preventing wrongful convictions.

Marcellus Williams —a man wrongfully convicted of first-degree murder, robbery, and burglary – was executed by lethal injection by the state of Missouri on Tuesday, September 24, 2024. Despite overwhelming evidence of his innocence, including a 2016 DNA test definitively proving he was not the individual responsible for the crime, Mr. Williams spent over 20 years on death row. None of the physical evidence from the crime scene implicated him, yet the court failed to consider the exculpatory evidence. Despite the emergence of new evidence and the victim’s family’s opposition to the death penalty, Mr. Williams was executed. The execution of Marcellus Williams, an innocent man, marks a grave injustice – a modern-day lynching – perpetrated by the state of Missouri.

Anthony Apanovitch was wrongfully convicted of rape and murder, only to be exonerated and released in 2015 when DNA evidence established his innocence. Tragically, in 2018, a legislative loophole unjustly placed him back on death row. Despite compelling evidence affirming his innocence, Apanovitch has endured decades of incarceration and continues to languish on death row. This harrowing situation raises the urgent question: why is an innocent man awaiting execution? This heartbreaking sequence of events highlights the pressing need for reforms to close these loopholes and ensure that the wrongfully convicted are shielded from further injustices. Comprehensive legislative changes are essential to preserving the integrity of our legal system.

Eric Anderson was wrongfully convicted of two counts of armed robbery, assault, and illegal use of a weapon at just 20 years old. Despite overwhelming evidence establishing his innocence and a solid alibi—one that the prosecution inexplicably incorporated into their case—Mr. Anderson was sentenced to 15 to 22 years in prison for a crime he did not commit, ultimately serving 9 years behind bars. In 2018, he sought help from the Michigan Innocence Clinic, which collaborated with the Wayne County Prosecutor’s Office’s Conviction Integrity Unit to overturn his wrongful conviction. Eric Anderson was exonerated and freed on April 30, 2019. He is now the Director of Operations and Programming at the Organization of Exonerees, a group dedicated to providing resources, companionship, and support to exonerees as they reintegrate into society while raising awareness and advocating for crucial policy reforms.

For example, The Innocence Network promotes the use of storytelling as a tool for healing, advocacy, and transformation.  By working closely with The Moth’s Community Program, a nonprofit dedicated to nurturing storytelling skills and helping freed/exonerated individuals create and share their stories, the Innocence Network provides a platform where freed/exonerated individuals can showcase their stories before an audience of nearly 1,000 attendees at its annual conference. These powerful stories play a crucial role in raising awareness about wrongful convictions, driving meaningful change and ensuring that justice is served for all, not just the wealthy and powerful.

The tragedy of a wrongful conviction extends far beyond the individuals directly impacted — it is a glaring indictment of our justice system’s failings. Taking a stand against wrongful convictions and fighting for a fairer, more humane criminal justice system is not just a moral imperative, it is essential for restoring trust in our legal institutions. By championing reforms and advocating for the rights of the wrongfully convicted, nonprofits can help create a justice system that truly upholds the principles of fairness, equality, and accountability. Together, we can ensure that justice is not merely an ideal but a reality for all.