What is a Wrongful Conviction and How Does it Happen?

The criminal justice system is designed to identify, convict, and punish individuals who commit crimes. However, sometimes the system fails and results in a wrongful conviction. A miscarriage of justice, also known as a wrongful conviction, occurs when a person is unjustly convicted or imprisoned for a crime they did not commit. This not only affects the individual but also undermines public trust in the legal system.

The Prevalence of Wrongful Convictions

According to studies, wrongful convictions are more prevalent than most people realize. In the United States, research shows that wrongful convictions for capital crimes occur in about 3 to 5 percent of cases, while for other crimes, the rate is approximately 6 percent. This was found in a study conducted on almost 3,000 state prisoners in Pennsylvania by Charles Loeffler and his team from Penn Criminology.

Causes of Wrongful Convictions

1. Eyewitness Misinterpretation

The leading cause of wrongful convictions is eyewitness misinterpretation. Eyewitness testimony is often key evidence in criminal cases. However, research has shown that human memory is fallible, especially under stressful conditions. Eyewitness errors can occur in a few scenarios:

No suspect stands out in lineups or photo arrays Police unintentionally lead witnesses to choose a suspect Witnesses may be overconfident in their identification

To improve the accuracy of eyewitness identifications, it is crucial to follow best practices such as using similar scrutiny for all lineup members, ensuring that officers conducting the procedure are blind to the suspect's identity, and obtaining a statement of confidence from the witness after an identification.

2. Incorrect Forensic Evidence

Forensic evidence can be a powerful tool in the pursuit of justice. However, flaws in forensic science can lead to wrongful convictions. Misinterpretations and flawed assumptions often occur in areas like gunshot residue analysis, abusive head trauma, and arson cases.

Unfortunately, forensic experts' words often carry significant weight in court. Judges, lawyers, and jurors may trust these experts without question. More validated forensic research is essential to ensure accurate conclusions and prevent wrongful convictions. Improvements in validation and transparency are necessary to correct this issue.

3. False Confessions

Another common cause of wrongful convictions is false confessions. People may falsely confess for various reasons, including mental illness, mental disability, or being underage. However, false confessions can also come from individuals who are not in these groups.

During suspect interrogations, police may put pressure on confessions rather than focus on investigating the crime. Confessions often include accurate information because suspects may be fed this by the police. Taped interrogations can help identify false confessions. Effective policies and training for police officers are essential to prevent false confessions.

4. Official Misconduct

Official misconduct is a deliberate or unintentional failure to disclose evidence. Prosecutors may fail to see notes and files from the police, or they may withhold information because they believe it may not be credible. Open-file discovery, where all information is made available to both sides, can help address this issue.

5. Use of Informants

The use of informants can create an incentive for them to mislead the courts. Informants who are offered benefits like reduced sentences or dropped charges may falsely accuse suspects. Such information is often difficult to verify, making it a significant source of wrongful convictions.

6. Inadequate Defense

Ineffective legal representation can also lead to wrongful convictions. Defense attorneys need to be well-trained, passionate, and adequately funded to conduct a thorough investigation. Suspects often receive minimally resourced or overburdened public defenders appointed by the court. This can compromise the quality of the defense.

Addressing and Preventing Wrongful Convictions

Addressing and preventing wrongful convictions requires comprehensive systemic changes in the criminal justice system. Steps include:

Introducing protocols for eyewitness identifications Promoting validated forensic research and practices Implementing policies to prevent false confessions Enhancing transparency and open-file discovery Improving defense representation through better resources and training

By taking these steps, the criminal justice system can reduce the rate of wrongful convictions and foster a more just society.

Keywords: wrongful convictions, eyewitness misinterpretation, forensic errors