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Preventing Wrongful Convictions: A Century of Investigation

This project explores the reasons behind erroneous convictions and aims to develop policy interventions to prevent future wrongful convictions. The research focuses on factors such as eyewitness misidentification, false confessions, junk science, and police misconduct. Using a mixed-methods approach, the study analyzes 260 erroneous convictions and 200 "near misses." The findings highlight the importance of forensic testing, strong defense, and disclosure processes in preventing wrongful convictions.

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Preventing Wrongful Convictions: A Century of Investigation

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  1. The Preventing Wrongful Convictions Project Jon Gould, Julia Carrano, and Joe Young American University With Richard Leo University of San Francisco School of Law Funded by the National Institute of Justice

  2. A Century of Investigation • Edwin Borchard (1913) • Bedau and Radelet (1987) • DNA! (1990s) • Journalists • Innocence Project • National Registry of Exonerations

  3. “The Usual Story” • Eyewitness Misidentification • False Confessions • Junk Science • Snitch Testimony • Police and Prosecutorial Misconduct • Poor Defense Lawyering • Tunnel Vision

  4. Our Research Questions Why are innocent suspects erroneously convicted in certain cases but dismissed or acquitted in others? What policy interventions will help the criminal justice system “get it right” and prevent future erroneous convictions?

  5. Research as exploratory • Research on “near misses” is novel • Erroneous conviction literature as a guide • Primarily inductive

  6. Case Criteria Defendant must be…. • Convicted or indicted by a state • Of a violent felony against a person • Post-1980 • Factually innocent

  7. Factual Innocence Conservative, irrefutable definition: • Official statement of innocence • Convincing factual evidence of innocence

  8. Organizations that Assisted with Case Collection and Research • Innocence Project • Police Foundation • Association of Prosecuting Attorneys • National District Attorneys Association • National Association of Criminal Defense Lawyers

  9. Case Selection • Identifying Potential Cases • Determining if Cases Meet Project Criteria • 460 Included Cases • 260 Erroneous Convictions • 200 Near Misses

  10. The Mixed-Methods Research Process

  11. What Do They Have in Common? Bivariate Results • False confessions • Eyewitness error • Crime similar to defendant’s criminal history • Police and prosecutor misconduct and error (except Brady) • Perjury by snitch/jailhouse informant

  12. What is Not Important? • Noticeably low frequencies among all cases • Forensic fraud • Race • Abuse to elicit confession • Gang membership • Defense use of experts

  13. Predictor Variables--Regressions

  14. Conclusion—What Hurts the Innocent Defendant? • Death penalty culture (state punitiveness) • Age (being young) • Any prior criminal record • Forensic errors • Prosecution withholding exculpatory evidence • Honest eyewitness mistakes • Weak evidence by the prosecution • Weak defense (just family) • Lying by non-eyewitness

  15. Near Miss • Punitive state • Forensic error, weak facts • Mistaken eyewitness, lying non-eyewitness • Defendant is older, no priors • Strong defense • Prosecutor • discloses Process Erroneous Conviction

  16. What Prevents Erroneous Convictions? Checklists for investigations Forensic testing early in an investigation Stationing a prosecutor with police department Senior prosecutors assigned for intake/charging Open files discovery Threshold for line-up Post-error review Immunizing reports of error

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