The Truth About Wrongful Convictions “Anybody who understands the justice system knows innocent people are convicted every day."               ~ Fla.  Supreme Court Justice Gerald Kogan (Ret.)

Myths Everyone in prison claims to be innocent. Only people who live “on the edge” are charged with crimes they didn’t commit. People who are exonerated must have done something to get charged in the first place. Wrongful convictions are extremely rare. Exonerations prove the system works. It can’t happen to me.

Facts 2.5% to 5% of U.S. prison population are factually innocent of the crimes of which they were convicted.* In raw numbers, that means as many as 200,000 innocent people are imprisoned. An estimated 4% of death row inmates put to death are innocent (based on 7,482 death sentences from 1973-2004) DNA testing is only possible in 5-10% of cases

Factors Leading to Wrongful Convictions in 62 U.S. Cases Number of Cases Factors Leading to Wrongful Convictions in 62 U.S. Cases Scheck, Neufeld & Dwyer, ACTUAL INNOCENCE (2000)

Eyewitness Identification Compelling evidence – but WRONG 50% of the time. Techniques commonly used by police can skew identification. 6-photo spread (“pick the closest match”) Use same suspect’s photo in repeat spreads (suspect starts to seem “familiar”) Use composite sketch to “match” with suspect photos

Junk Science Defective or Fraudulent Science Experts reporting inculpatory results from tests not conducted, or concealing exculpatory results Evidence based on debunked theories, such as microscopic hair comparison or bullet-lead matching Faulty DNA matching Overall high error rate in crime labs and medical examiner’s offices—as high as 63%*! *California Commission on the Fair Administration of Justice

Police Misconduct Tunnelvision—pick a suspect, ignore evidence that does not fit. “T&D”—Trickery and Deceit, manipulative tactics designed to coerce confession, regardless of truth “Bottom Fishing”—scouring jails and prisons for snitches willing to frame suspects Evidence Tampering/Concealment/Destruction Witness Intimidation

Prosecutor Misconduct Culture of winning at all costs– “Never let the truth stand in the way of a conviction.” “Poison the Jury Pool”– Use media to convict suspects before trial. Withhold exculpatory evidence Knowingly present perjured testimony Misrepresent evidence during closing argument Manipulate/misrepresent evidence pre-trial to coerce a guilty plea

Bad Defense Lawyering “Do Nothing” – Does not meet with client, does not understand facts, does not hire experts, does not investigate, does not review discovery, does not subpoena or call defense witnesses, does not effectively cross-examine state’s witnesses, does not object to objectionable argument, does not argue motions or closing statement effectively. “Free or Fee” – Contrary to stereotype, bad lawyering occurs equally among public defenders and private lawyers.

What is Truth in Justice? Truth in Justice is a Virginia non-stock, nonprofit corporation organized to inform the public of the frequency of criminal conviction of factually innocent people and the reforms needed to prevent and alleviate such wrongful convictions, through education, partnership, and action.

What is the Innocence Project A national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent future injustice

20 States with improved eyewitness procedures to date 350 DNA exonerations to date 50 States with access to post-conviction DNA testing 25 States that record interrogations to date 20 States with improved eyewitness procedures to date

Innocence Project Florida IPF has secured the release and exoneration of a number of innocent individuals from Florida’s prisons, including achieving the exoneration of James Bain, whose 35 years of wrongful incarceration is longer than that of any DNA exoneree in the United States. In total, Florida has freed 13 men after DNA testing proved their innocence. Collectively, they spent 259 years in prison for crimes they did not commit.

To Protect Your Family, Your Community, and Yourself? What Can YOU Do To Protect Your Family, Your Community, and Yourself?

Know your Constitutional rights Innocence is no protection. DO NOT TALK TO THE POLICE WITHOUT A LAWYER. Do not agree to police polygraph or CVSA(Computer Voice Stress Analyzer). Do not consent to police search without a warrant.

Support Reforms Videotaping of police interrogations in serious felony cases, from beginning to end. Eliminate suggestive eyewitness identification procedures. Show photos one at a time, not in multi-photo spreads. Officer not involved in investigation should conduct the identification review.

Adequate funding for indigent defense. Innocence Commissions in every state to review compelling innocence claims. With regard to the death penalty: Decide for yourself what an acceptable error rate is (how many innocent executed per hundred); Then act accordingly.

"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ..." - U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)