Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
9 |
Year Crime: |
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Year Convicted: |
1993 |
Year Cleared: |
2002 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Josephine Smith was wrongly convicted of murder for the July 30, 1992 death of her husband who had been physically abusing and sexually degrading her for years - when she defended herself against an attack during which he died. The Court of Appeals quashed her conviction on April 11, 2002 on the grounds her husband's death resulted from the "cumulative provocation" of his years of physical and emotional abuse of his wife, and changed her conviction to manslaughter and reduced her sentence to 10 years. She was immediately released from custody - since she had already spent 9 years imprisoned.." |
Conviction Caused By: |
Trial Court refused ot allow the physical and sexual abuse of her husband as a basis for her to defend herself against his attacks. |
Innocence Proved By: |
"Court of Appeals quashed her murderconviction on April 11, 2002 after referral by the Criminal Cases Review Commission." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
31 |
Age When Released: |
40 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Wife Walks Free After Murder Appeal, BBC News, November 4, 2002." |
Information Location 1: |
http://www.innocent.org.uk/ |
Information Source 2: |
Josephine Smith: Murder Conviction Overturned |
Information Location 2: |
http://www.jfw.org.uk/Latest.htm |
Information Source 3: |
"Recent Case Statatistics, Criminal Cases Review Commission" |
Information Location 3: |
http://www.ccrc.gov.uk/latestnews/latestnews_case.html |
Information Source 4: |
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Information Location 4: |
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Book About Case: |
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Book Information: |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org