Formerly incarcerated individuals discuss wrongful convictions

Two formerly incarcerated individuals, Derrick Hamilton and Kevin Smith, spoke at Hofstra about the causes of wrongful convictions and ways to prevent them during the “Wrongful Convictions: A Systemic Problem” event on Monday, Oct. 17. The event was presented by Hofstra’s criminology program and the Families and Friends of the Wrongfully Convicted (FFWC), an organization that provides resources for those impacted by the miscarriage of justice.

FFWC was founded in 2010 by Derrick and Nicole Hamilton following Derrick Hamilton’s release after serving 21 years in prison for a murder he did not commit. Since its inception, the Brooklyn-based organization has exonerated 22 individuals, with three of those being in the past three years.

The primary goal of FFWC is to assist those impacted by wrongful convictions. The organization offers support through legal help and advocacy, reentry services, mental health services and educational programs. Additionally, because of its leaders’ experience with the criminal justice system, the organization also works to help the broader community by raising awareness of the issue of wrongful conviction.

“We are here today to educate you,” Smith, executive director of FFWC, said. “You guys are the future leaders, and we want to bring this awareness to you.”

Students who have an interest in this topic explained that events like this are necessary in order to educate a wider audience.

“Wrongful convictions are more [frequent] than talked about,” said Julia Dunkirk, a sophomore criminology major. “No one knows about it, and there are so many people in jail who have been wrongfully convicted.”

Smith served 27 years in prison for a murder he did not commit, was released in 2012 and is currently awaiting exoneration.

“There is a racial imbalance in the criminal justice system,” Smith said. “Blacks and Hispanics are more likely to be wrongfully arrested, wrongfully convicted and given longer sentences.”

Hamilton explained how a witness was coerced by a detective to identify him as the suspect, leading to his wrongful conviction.

“She was told by a police officer that if she didn’t identify me as the person who killed her boyfriend, then she herself would go to jail,” Hamilton said.

FFWC is working to create change in the criminal justice system to decrease the possibility for wrongful convictions.

“It’s the procedures that are utilized to get the identification that we challenge,” Hamilton said.

Hamilton referenced implementing double-blind procedures, where police officers do not know who the suspect is when speaking to a witness, and eliminating line-ups in order to decrease suggestive procedures that may lead to misidentifications and manipulation.

“No matter when the police come and speak to you, no matter how innocent you may be, no matter how much you may believe in the criminal justice system, be quiet and ask for a lawyer,” Hamilton said as advice for everyone.

The event moderator and organizer, Liena Gurevich, associate professor of sociology and the director of the criminology program, was connected to FFWC through her own outreach work in the community. Gurevich explained why bringing Hamilton and Smith was important.

“It’s imperative to bring in people that have experienced our system of justice and been involved in it,” Gurevich said. “We try to ensure that we bring in people that have had the experience of being the subjects of the penal system, who have had the opportunities to observe and learn our system of the administration of justice from the ground up.”

After learning about FFWC, students wanted to learn more and be a part of the effort to help make a difference.

“[I want to learn] how to change things, like the laws that were spoken about, and how to fix the system,” said Madison Lewis, a junior public relations major.

Currently, FFWC is working to help pass the Challenging Wrongful Convictions Act.

The Challenging Wrongful Convictions Act permits innocent people, regardless of their plea, to appeal their conviction, and it allows anyone that wants to file a post-conviction motion both the right to counsel and the right to appeal if they lose their motion.

Hamilton and Smith emphasized their hope that the bill will gain support from community members and students who can contact senators and assemblymen asking them to promote it.

“If you’re innocent, whether you plead guilty or not, you should have the ability to stand before a judge with your evidence,” Hamilton said. “New York should be leading this nation in this, not following.”

There are opportunities for students who are interested to get involved with FFWC and their community work. Gurevich urged students to reach out to her if they were interested in volunteering or interning for the organization.

“Petitioning, participating in movements, just assisting with package delivery, there are a lot of things that students can do to get involved,” Gurevich said. “I encourage everybody to get involved.”