Once, I heard a legislator in North Dakota quote the English politician William Blackstone and say, "I would rather see ten guilty men go free rather than one innocent person be in prison."
In the realm of law and justice, there is a fundamental belief that it is better for ten guilty individuals to go free than for one innocent person to be wrongfully imprisoned. This principle, often called the Blackstone Ratio, has been echoed throughout history, including in Biblical and other religious and philosophical texts. Examples include, Exodus 23:7, “Do not bring death on those who are innocent and in the right; "Genesis 18:23-32, "Abraham drew near, and said, ‘Will you consume the righteous with the wicked? What if there were fifty righteous people within the city? Will you consume and not spare the place for the fifty righteous who are in it?... What if ten are found there?’ He [The Lord] said, "I will not destroy it for the ten's sake.’" Other notable leaders and thinkers who advanced similar ideas include the Prophet Muhammed, Dostoevsky, and Voltaire.
However, the harsh reality is that innocent men and women continue to suffer even after their exoneration, facing a lifetime of challenges and barriers that are often overlooked or ignored. Even after being freed from wrongful incarceration, freed and exonerated people frequently face ongoing struggles long after leaving the confines of prison.
Having personally experienced the revolving door of incarceration, I cannot fathom the immense anxiety and despair that innocent individuals must endure while hoping for a fair trial. The destruction of self-worth and the relentless fight to prove their innocence while languishing behind bars is a tragedy that goes unnoticed by many. It was not until my forties, after spending seven years assisting guilty individuals in their reentry, that I became aware of the plight of the wrongfully convicted.
Exonerees’ stories are often marked by decades spent behind bars for crimes they did not commit. These innocent men and women face a cruel reality, as they sometimes have to endure a longer prison sentence than those who were truly guilty of their crimes. Even after their release, they encounter numerous barriers that impede their successful reintegration into society, such as securing housing, finding legitimate employment, battling addiction and mental health issues, reuniting with family, obtaining driver's licenses or social security cards, and accessing reentry support services. Unlike their guilty counterparts, they are denied access to transitional living facilities, halfway houses, and funds allocated for their rehabilitation simply because they were not found guilty and are not placed on parole or probation.
The injustice faced by wrongfully incarcerated innocent individuals extends far beyond their time spent in prison. Stripped of their freedom and dignity, they are left to rebuild their lives without the necessary resources and support that the government provides to guilty individuals. This ongoing punishment, referred to as a "life sentence while innocent," is a stark reminder that the suffering does not end with release from prison.
It is imperative that we acknowledge and address the profound injustice faced by innocent men and women who are wrongfully convicted. The notion that justice should prevail and innocent individuals should never be punished must be upheld. It is not enough to simply release them from prison; we must actively work to dismantle the barriers they face in reentering society and provide them with the resources and support they need to rebuild their lives. Only then can we begin to rectify the life sentences endured by the innocent.