Introduction to Wrongful Convictions Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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. Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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? Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

Eyewitness Misidentification Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

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 Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.