Wrongly Convicted Database Record

 

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Michael Ferber

 

Charge:

Conspiracy to violate one or more laws.

Sentence:

2 years

Years Imprisoned:

Year Crime:

Year Convicted:

1968

Year Cleared:

1969

U.S. State or Country of Crime:

Massachusetts - Federal Case

County or Region of Crime:

Suffolk

City of Crime:

Boston

Result:

Judicially Exonerated

Summary of Case:

"Benjamin Spock, Mitchell Goodman, Michael Ferber and William Sloane Coffin were codefendants wrongly convicted during the Vietnam War of one count of conspiracy to aid and abet resistance to the draft laws. In reversing their convictions the Appeals Court noted in their opinion that "[D]raft 'resistance' is not a crime; the statute forbids only 'evasion' and 'refusal.'" (at 176)."

Conviction Caused By:

Improper jury instructions submitted by the judge

Innocence Proved By:

"Reversal of their convictions due to improper jury instructions that effectively had the jurors make special verdicts, whereas a criminal jury can only make a general verdict."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"U.S. v. Spock, 416 F.2d 165 (1st Cir. 1969)"

Information Location 1:

Information Source 2:

"“The Trial of Dr. Spock,” Jessica Mitford, Alfred A. Knopf, N. Y. 1969"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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