Introduction
Clark Jerome McMillan was arrested and detained for rape and robbery with a deadly weapon of a 16- year- old female in 1980. McMillan served 22 years in prison but was sentenced to one hundred and nineteen years in prison for a crime he did not commit. On May 2, 2002, he became the hundred and eighth person in the United States to be exonerated due to post conviction DNA testing. The justice system was established to provide protection to the rights of all citizens and punish those that have committed a crime; however, the system has let down hundreds of innocent people such as Clark McMillan. Tennessee has no law requiring recorded interrogations. Tennessee also has no eyewitness identification reform policy.
Clark McMillan
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A sixteen year old female victim and her boyfriend were abducted from the Overton Park in Memphis, Tennessee. The perpetrator robbed the victim’s boyfriend while wielding a knife, he also forced the victim and her boyfriend into the woods. Where he then ordered them to get undressed. He later ordered the boyfriend to lay face down on the ground while he proceeded to rape the victim. As she struggled with the perpetrator she was cut. After he was finished, he fled the scene and ordered the victim the victim and her boyfriend to stay and get dressed until he was gone. In April 2002, test results revealed the McMillan was exuded as the depositor of spermatozoa from the rape kit.
No testing was performed at the time of trial except for visual inspection and a presumptive screening for seminal fluid, which was positive. The victim and her boyfriend conducted a line up both described the same man but neither mentioned a limp. Two years