Justice for The West Memphis Three?

On August 19, 2011, the three men known as "The West Memphis Three", Damien Echols, Jessie Misskelley, Jr., and Jason Baldwin, left their prison cells after eighteen years. Though this seems like a relatively unremarkable event to many who work with and in the criminal justice system, this case has sparked attention ever since the murders of three young boys in 1993.

The West Memphis Three case is one that I am particularly familiar with and have been following for years. In years past, when I have taught classes in criminal violence, or homicide and capital punishment, I often show the documentary "Paradise Lost". The film does an excellent job portraying the crime, the investigation and the trial. Essentially, there was no physical evidence that tied these men (the teenagers) to the crime. None of the suspects admitted to having any knowledge of the murders. Nobody could place them at the scene of the crime. But all three were found guilty; two were sentenced to life in prison and the third was given a capital punishment sentence.

So, with no evidence how were they able to be found guilty and given these harsh sentences? Simply put, they were guilty of one thing: being different. Worse yet, the community of West Memphis believed them to be satanists practicing their rituals on three innocent second graders at a time when the "moral panic" over ritualistic crimes was at an all time high.

So... what changed?

Recent DNA evidence could not link the three men to the murders. But, rather than giving them new trials, they negotiated a plea bargain known as an Alford Plea. This allows them to maintain their innocence while acknowledging that there may be enough evidence to show guilt. They are being credited for the eighteen years of time served, but can they ever shake their "guilty" status?

In no way can this be considered justice. These three men spent the last eighteen years of their lives behind bars. Worse yet, they were convicted of child murder, an act that often incites acts of vigilante justice from fellow prisoners. Imaging how difficult these last eighteen years were for them is gut-wrenching, especially for those of us who believe they were completely innocent. These men will receive no compensation for the many years and experiences that have been lost. As someone who studies corrections and community re-entry, I know that it will be nearly impossible for them to re-establish ties with their community and families, as well as to embark on educational or employment endeavors. They will indeed never be "whole" again.

There is also no justice for the three young boys who were murdered, nor for the families of all parties concerned. If these men did not commit these heinous crimes, then who did? Will there be any attempt made to further investigate these crimes? In the end the only "winner" here is the justice system, which does not have to admit to the grievous error made eighteen years ago, and can pretend like they were in the right by using freedom as a carrot for these men to not ask for a retrial.