1. Introduction to Wrongful Convictions
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2. Wrongful Convictions - Definition
Factual innocence
Individual was factually innocent of crime
Two general types of cases
“Wrong-person” case
Crime committed, but wrong person arrested, convicted, and punished
“No-crime” case
No crime ever occurred, but someone arrested and convicted anyway
Exoneration
Person relieved of consequences of criminal conviction and/or declared factually innocent by government official, agency, or body with the authority to do so
Not absolute indication of innocence
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3. Wrongful Convictions – History
Not a new phenomenon
First wrongful conviction
Stephen and Jesse Boorn
Vermont, 1819
No-crime case  Convicted of killing brother-in-law, Russel Colvin
Colvin returned to town weeks before Stephen’s execution
Innocence Scholarship
Edwin Borchard’ 1932 book, Convicting the Innocent
Modern scholarship developed in the 1980s
Advocacy
First organization: Centurion Ministries, 1983
The Innocence Project founded in 1992
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4. Wrongful Convictions - Prevalence
Exact error rate is unknowable
Most estimates: 0.5-5% of felony convictions involve innocent suspects
National Academy of Sciences report: 4.1% of capital convictions may involve wrongful convictions
If error rate is 1%, there would be approximately 15,000 innocent prisoners in the U. S.
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5. Wrongful Convictions – Process and Production
Complex justice system  All steps play a role in wrongful convictions
Decision points in the process:
Arrest
Arraignment
Grand jury or preliminary hearing
Plea bargaining
Jury or bench trial
Appeals
Post-conviction review
Pardon
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6. Wrongful Convictions – Causes and Correlates
Database of cases is limited  Understanding of causes is limited
Skewed toward more serious crimes  Not representative of all crimes
Common contributing factors:
Eyewitness misidentification
False confessions and guilty pleas
Forensic errors and misconduct
Incentivized informants and jailhouse snitches
Police and prosecutorial misconduct
Poor defense lawyering
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7. Wrongful Convictions – Impact and Effects
Post-release struggles for exoneree
Experiences similar to parolees and probationers, but challenges are heightened
Compensation not guaranteed
Range of effects go beyond individual who is wrongly convicted:
Exoneree’s family and friends
Original crime victim, their family and friends
Actual perpetrator who remains free
Officials involved in case
Others?
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8. Eyewitness Misidentification
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9. Eyewitness Errors - Overview
National Registry of Exonerations
Approximately 30% involve eyewitness identification
Innocence Project
More than 70% involve eyewitness identification
Why are eyewitnesses unreliable?
Estimator variables
System variables
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10. Estimator Variables
Factors that are beyond the control of the justice system
Viewing conditions
Lighting; Distance; Length of exposure
Weapon-focus effect
When crime involves weapon, witnesses tend to focus on weapon (rather than suspect’s characteristics) and are thus more prone to error
Age of the witness
Other-race effect / Own-race bias
Witnesses tend to be better at distinguishing between faces of their own racial group
Innocence Project cases: 41% of misidentifications were inter-racial
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