WRONGFUL CONVICTIONS
Factors & Reformative Measures
Highlights factors that lead to wrongful convictions is important to understanding where change can be made.
Eyewitness Misidentification
69% of DNA Exonerations - 27% of All Exonerations
Studies have shown that the capability of eyewitnesses to make exact, accurate, and confident identifications of perpetrators is flawed. It is difficult for people to hold specific, necessary details for accurate identification into memory when they have endured a stressful situation such as a crime. Additionally, certain practices such as lineup structure, photo array structure, and suggestions from police that may give away who a wanted suspect is help contribute to the unreliability of eyewitness testimony.
Despite this, the testimony of eyewitnesses is considered one of the most heavily weighted and trusted forms of evidence that can be presented in court. While changing the human mind is not possible, changing the structure of the procedures of eyewitness identification and the way this evidence is presented in court is important to reducing the rate this form of evidence is able to wrongfully affect cases.
Nathan Brown
Nathan Brown was a victim of incorrect eyewitness identification. The victim of the crime convinced herself that Mr. Brown was the perpetrator of the crime and this mistake led Brown to serving 17 years in prison
Reformative Measures
29 states and the federal government have adopted some form of these policies with most incorporating blind procedures, clear witness instructions, confidence statements, and videotaping of the procedures.
FALSE CONFESSIONS
29% in DNA Exonerations - 49% of those under 21, 31% of those under 18, 9% having mental disabilities known at trial.
13% of All Exonerations
The idea that someone would somehow be coerced or convinced to confess to a crime that they did not commit is hard to understand for many and so the fact that such a high number of wrongful conviction cases have this playing a role in them is shocking. False confessions are almost always derived from long and grueling police interrogations. These interrogations are set up for the sole purpose of extracting a confession and interrogators are allowed to use many harsh methods such as dominance, lying, social isolation, and psychological techniques that are designed to force people to see no other option but to confess. They make suspects feel that confession is an escape from the long process they are enduring.
Police are fully allowed to tell suspects that they have evidence that will convict them or that there are situations where they will be better off as guilty when these are simply not true. Many other tactics and guidelines are used during these interrogations that make it very difficult for even the strongest innocent suspects to come out unscathed. Additionally, these interrogations have a much stronger effect on young suspects who have not yet fully developed mentally and are likely to be more focused on the short term goal of escaping their current situation as opposed to seeing the long term consequences this will have and mentally challenged people who are not fit to deal with the interrogation techniques.
Frank Sterling
Frank Sterling was a victim of his own false confession after a long and grueling overnight interrogation with multiple laws broken and extreme measures taken to get a confession. This confession was the base of his trial and would see him go off to jail for 18 years.
Reformative Measure: Videotaping
​As of 2022, 27 states have implemented videotaping or recording procedures for their interrogations.
Videotaping the interrogation techniques allows for a level of transparency that is otherwise not seen. Additionally, it takes away the ability for “he said she said” situations where the outcome or nature of an outcome is unclear. With many interrogations pushing the boundaries of what is legal and acceptable and what is not, these videotaping procedures help keep the investigation in check and allow for the jury and judge as well as the defense to see the situation that caused the confession to happen.
This is crucial to not only ensuring that these interrogations are carried out correctly and acceptably but also to showing exactly what happened during the interrogation for everyone involved to see.
Forensic Science Error
43% of DNA Exonerations
25% of All Exonerations
With such a major importance and so much weight placed on evidence from forensic science in court, when this evidence is incorrect or wrong it has a major role on changing a case and a result. Forensic mishap is a very broad term that can apply to mistakes in the lab, misinterpretation of DNA evidence, or the use of unreliable forensic science. The misinterpretation of DNA evidence is something that can easily and often occur.
What is important to note is that DNA is not necessarily used to prove a single person is undoubtedly a match but is more of a way to establish probability and prove that a specific person is not possibly a match. According to Innocence Project attorney and former DNA analyst in the state of Texas Chase Baumgartner, despite this fact, the statistics and probabilities that are presented in court as DNA evidence are often used by both prosecution and defense to back an argument that they simply do not truly back or to argue for a level of certainty that is simply not proven by the DNA.
Additionally, unreliable forensic science has been wrongfully used in the past. Bite marks were often introduced as evidence in cases before being proved to be junk science. Additionally, a procedure of DNA interpretation called CPI was used in many cases as certain DNA evidence before the process was deemed unreliable and false. While this was corrected in 2016, it shows an example of how forensic science errors can lead to wrongful convictions
Krystal Voss
Krystal Voss was convicted of murdering her own child because forensic scientists involved in the case deemed that the child's death could only have been a result of Shaken Baby Syndrome. This conclusion was false and would end up costing Voss 13 years of her life on top of losing her young child.
Reformative Measure: State Oversight Entities
One way for states to reduce the amount of forensic science driven wrongful convictions is to create oversight entities such as boards, committees, or councils that can oversee the operations of forensic laboratories across the state. These groups have been seen in some form in 21 states as of 2022 and have largely been composed of legal professionals from law enforcement, academia, prosecution, defense, and forensics itself.
These boards are set up to review cases with possible forensic science error, do research into forensic practices, and review and accredit the forensic labs in their states. This is an effective way to reduce forensic based wrongful convictions while refraining from affecting traditional court and investigative procedures.
Oversight Entities Across the US - Forensic Technology Center of Excellence 2022 Report
CRIMINAL INFORMANTS
17% of DNA Exonerations
8% of All Exonerations
Criminal informants or “jailhouse snitches” have been a major problem in cases and have been a leading factor of wrongful convictions. Because of their high incentive and obvious reason to lie, testimony from other inmates has had a large percentage of perjury and false information in cases. Other inmates that may have had connections to the suspect are offered deals and incentives in order to make them cooperate. While these are likely necessary in order for them to testify, they are also driving factors for informants to make up information which has a benefit for themselves. This makes criminal informant testimony very unreliable.
LAURENCE ADAMS
Laurence Adams was convicted of a murder he did not commit based almost solely on the testimony of a jailhouse informant who was offered incentives and rewards for testifying against him. Because of the selfish motives of another criminal, Adams spent 30 years behind bars.
Reformative Measures
States such as Connecticut, Illinois, Maryland, Minnesota, Nebraska, Oklahoma and Florida have implemented some of the following reforms against jailhouse snitches.
Official Misconduct
60% of All Exonerations
Official misconduct refers to wrongful practices by either prosecutors, police officers, or others involved in the prosecution of the case. This can occur at any point throughout the investigative or court procedures and can be seen in a variety of forms. Coercing a witness to testify against asuspect despite a lack of confidence, fabricating or hiding evidence, or using improper interrogations to get a confession or incriminating evidence are all forms of official misconduct.
Types of Official Misconduct
Frequency of Each Type of Official Misconduct
Name of Type - % of All Exonerations
Witness Tampering - 17%
Improper Interrogation - 7%
Fabricated Evidence - 17%
Hidden Exculpatory Evidence - 44%
Trial Misconduct - 23%
MICHAEL MORTON
Michael Morton was convicted of the murder of his own wife. This was despite the fact that there were multiple forms of evidence that showed that he was in fact not the perpetrator. These pieces of evidence were hidden by prosecution and this decision would cost Morton 24 years of his life.
A Note About Care After Release
Even exonerees who have been freed and proven innocent with solid DNA evidence or whose cases have been solved and a true criminal has been caught, report major struggles in rejoining society after their freedom. The wrongfully convicted are often shunned from society or viewed negatively despite their innocence. This can make it very difficult to find work, build themselves economically, or find a place in society.
Many exonerees will suffer from PTSD from their experiences and the time they have lost and mental health issues from being unable to truly rejoin society. In my interview with Mrs. Vasquez, who was only 19 years old when she was convicted of the sexual assault she did not commit, she recalls not knowing what was going to come next or what opportunities she would find after losing such a crucial part of her life by being incarcerated.
Over 55% of exonerees have not been compensated for the injustice they endured. This is a major problem as underprivileged inmates often do not have the education or means to pursue an education that will help them find a job or grow after their release. Additionally, across the board for all inmates, being removed from society for so long strips away their ability to have developed the societal or job skills that they would need to find work in today's job market. Compensation, both monetary and with resources for mental health and guidance, are crucial to helping push these innocent people back into reasonable places in society that they would have otherwise been able to reach without the injustice they experienced through their wrongful convictions and invalid jail time.
It is extremely difficult for people to regain and reestablish themselves economically after serving time in jail and for those that were already underprivileged going into their incarceration, which is very likely, it is nearly impossible to break out of poverty.
The tragedy of a wrongful conviction does not simply end with exoneration, it is important for adequate care to be provided for these wronged individuals after they are finally released.