Phase 4: LOOK TO THE SOURCE
Here we address power problems
and the many structural problems
preventing the adversarial legal system
from resolving our needs for justice.
Now we present a viable alternative
to merely litigating for your freedom.
We serve needs, not laws
First
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Second
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Third
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Fourth
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1.
ANNOUNCE
2.
ASSESS
3.
AUDIT
4.
AVOW
1) ANNOUNCE innocence viability
EIR filled out as best as you can and then initially sent to innocence project or other lawyer
nuance of viable innocence claims, of CJS faults, of widespread prejudices
2) ASSESS responsiveness
Gage responsiveness of powerholder recipients
encounter overlooked innocence
3) AUDIT interaction
Asking for engagement of facts– “what gets measured gets done”
mutuality of engaging each other's affected needs
4) AVOW resolution
Committing to resolve affected needs, if litigation option fail to provide justice then we move onto resolution track
innocence lawyers
H
I
J
JUDICIAL SYSTEM: Litigation path
adversarial judicial approach:
overgeneralization, alienation, hostility
NEED RESPONSE: Resolution path
conciliatory resolution approach:
nuance, encounter, mutuality
A
B
C
D
E
F
G
lawyer argues your case in court
lawyer cannot argue your case in court
alternative of need-response
responsiveness to judicial critique
court reverses your conviction(s)
court upholds your conviction(s)
legitimacy to arbitrate justice needs
resolution of justice needs
prosecutor accepts court's finding
prosecutor argues conviction finality
alternative of need-response
responsiveness to prosecution critique
court officially exonerates you
prosecutor retries case against you
legitimacy of adversarial approach
resolution of justice needs
applied for comp by deadline
law insufficient to address your needs
alternative of need-response
responsiveness to political critique
you finally receive just compensation
denied comp on a technicality
legitimacy of ideologically biased laws
resolution of public needs
on path to getting life back to normal
exoneration without support to transition
alternative of need-response
responsiveness to exposé of CJS
life no longer stuck in legal limbo
released without exoneration
legitimacy as trustworthy source of news
resolution of overlooked needs
local judge
local prosecutors
independent media
elected lawmakers
A
After an innocence lawyer accepts to review your viable innocence claim:
Great! The 'Estimated Innocence Report' can aid the innocence lawyer to...
However, you are being pulled further into the same limited process that created miscarriages of justice in the first place. The more you succeed along their litigation path, the more they and others claim that the adversarial judicial system works--albeit painfully slowly for you. You remain trapped caving into their terms for respecting your needs. Their aim is to manage your pain. Our aim is to remove your pain by fully resolving needs: the resolution track.
After all innocence lawyers decline to review your viable innocence claim:
You can sulk in discouragement. Or shift from the standard 'litigation path' to our 'resolution path'. We send a copy of Impact Report A to your innocence lawyer(s): Resolution Call. This is an invitation to identify, address & resolve each other's affected needs. This introduces the benefits of need-response: mutuality, effectiveness, better impacts.
Litigation path
Keep hope alive. Help the innocence lawyer quickly assess your case. Provide case documents...
Resolution path
Let's shift focus. Away from what impersonal laws expect to what specific needs require for us to fully function. While no one sits above the law, no law sits above the needs it exists to serve. And no authority under heaven is greater than resolved needs.
what's their need?
then move on
unresponsive
what's their need?
unresponsive
Conviction integrity
To prevent, identify and remedy wrongful convictions
Four strategies types
1) Wait and see.
2) Transition slowly.
3) Dual track.
4) Only resolve.
innocence lawyer accepts to review case
innocence lawyer declines your case
Resolution Call
based on their particular reply
innocence lawyer can argue your case
innocence lawyer cannot help you
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court reverses your conviction
court upholds your conviction(s)
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text
court finds you innocent
court finds some culpability
prosecutor accepts court's finding
prosecutor contests court's findings
prosecutor accepts court's finding
prosecutor contests court's findings
text
text
court orders your release
court doesn't order your release
you're released from state custody
you remain in state custody
you're set to receive compensation
you're not to receive any compensation
you receive full compensation
you don't receive full compensation
based on their particular reply
you're able to rebuild your life
you're unable to rebuild your life