The most common causes of wrongful death penalty convictions: Official misconduct and perjury or false accusation
Many factors contribute to false convictions, and capital punishment cases are no different. But the most recent dataNational Relief Registrypoints to two factors as the most common causes of wrongful convictions in death penalty cases: misconduct and perjury or false accusation. As of May 31, 2017, the registry reports that official misconduct contributed to 571 of the 836 murder waivers, 68.3%, most often in combination with perjury or false accusation, and also contributed to 68.3% of the Homicide exemptions provided. According to the record, nearly a quarter of murder acquittals (203, 24.3%) had false witness identification as well as false or misleading forensic evidence (194, 23.2%), and more than a fifth had confessions. false or fabricated prior to discharge. (182, 21.8%). registration listsinsufficient legal representation in courtas a contributing factor in more than a quarter (218, 26.1%) of these manslaughter convictions.
Two reports issued by the National Exemption Registry on March 7, 2017,relief in 2016YRace and False Beliefs in the United States, provide continuing evidence of the role of misconduct in the illicit capital charge, and suggest a link between the defendant's race and the misconduct. The Registry's annual discharge report revealed a record 166 dismissals in 2016 and a record number of dismissals related to police or prosecutorial misconduct. Fifty-four of the dismissals in 2016, nearly a third, related to manslaughter convictions. At least 13 of these cases involved misuse of the death penalty, meaning the death penalty played a role in nearly a quarter of the 54 murder exonerations in 2016. Each of these wrongful convictions involved misconduct or perjury/false accusations, and eleven (84.6%) of them involved both. The National Register Race Report documents that "the official misconduct rate in homicide acquittals involving black defendants is significantly higher than that involving white defendants, 76% compared to 63%". is higher: 87% of black death row inmates were victims of official misconduct, compared to 67% of white death row inmates.
The Death Penalty Information Center investigated ourrescue databaseand compared it to National Exoneration Registry data on death row exonerations over the past decade (between 2007 and April 2017) to identify the most common factors contributing to wrongful convictions and death sentences for more recent exonerates. Data from the 34 cases in the NRE database[1]shows that illegitimate capital processes were more than just mistakes. Each of these cases involved a combination of official misconduct, perjury or false accusation, or false or misleading forensic evidence; and more than three quarters (26 cases, 76.5%) involved at least two of these factors. Less than a tenth of the cases (3, 8.8%) concerned a single illicit motive. 91.2% (31 cases) had multiple contributing factors and almost half (16 cases, 47.1%) had three or more contributing causes.

By category, the leading causes of wrongful convictions in death row discharges between 2007 and April 2017 were:
- Official improbity (28 cases, 82.4%)
- Perjury or false accusation (26 cases, 76.5%)
- False or misleading forensic evidence (11 cases, 32.4%)
- Inadequate legal defense (8 cases, 23.5%)
- False or fabricated confession (6 cases, 17.6%)
- Identification of false eyewitnesses (4 cases, 11.8%)
DPIC Exemption Database with National Registry of Exemption Causes (wo verfügbar)
Name | carrera | Illness | Again | decisive factors | ||||||
---|---|---|---|---|---|---|---|---|---|---|
Rodricus Crawford | B | HE | 2017 | official misconduct | False or misleading forensic evidence | |||||
Jesaja McCoy* | B | VON | 2017 | official misconduct | Perjury or false accusation | |||||
Derral Wayne Hodgkins*-z | C | Florida | 2015 | Acquittal on appeal, insufficient evidence | ||||||
Lawrence Guillermo Lee | C | Georgia | 2015 | official misconduct | Perjury or false accusation | inadequate legal defense | ||||
alfredo moreno | B | From you | 2015 | official misconduct | Perjury or false accusation | fake witness card | ||||
Willie Manning | B | EM | 2015 | official misconduct | Perjury or false accusation | |||||
Anthony Ray Hinton* | B | Alabama | 2015 | False or misleading forensic evidence | inadequate legal defense | fake witness card | ||||
Debra Milke | C | HE | 2015 | official misconduct | Perjury or false accusation | false confession | ||||
ricky jackson | B | OH | 2014 | official misconduct | Perjury or false accusation | |||||
Wiley Bridgeman | B | OH | 2014 | official misconduct | Perjury or false accusation | |||||
Come on, Ajamu | B | OH | 2014 | official misconduct | Perjury or false accusation | |||||
henry mcollum | B | NORTH CAROLINE | 2014 | official misconduct | Perjury or false accusation | false confession | ||||
leon braun | B | NORTH CAROLINE | 2014 | official misconduct | Perjury or false accusation | false confession | ||||
Carl Dausch-z | C | Florida | 2014 | Allegations that lab technicians falsified DNA sample reports | Acquittal on appeal, insufficient evidence | |||||
Vale do Vau | B | HE | 2014 | official misconduct | Perjury or false accusation | False or misleading forensic evidence | inadequate legal defense | |||
Reginaldo Griffin | B | mes | 2013 | official misconduct | Perjury or false accusation | |||||
Seth Penalver | C | Florida | 2012 | official misconduct | Perjury or false accusation | |||||
Damon Thibodeaux | C | HE | 2012 | official misconduct | false confession | fake witness card | ||||
joe d'ambrosio | C | OH | 2012 | official misconduct | Perjury or false accusation | False or misleading forensic evidence | ||||
Gussie Vann | C | Tennessee | 2011 | False or misleading forensic evidence | inadequate legal defense | |||||
antonio sepulturas | B | From you | 2010 | official misconduct | Perjury or false accusation | False or misleading forensic evidence | ||||
Roberto Springsteen | C | From you | 2009 | Perjury or false accusation | false confession | |||||
yancy douglas | B | ACCORDINGLY | 2009 | official misconduct | Perjury or false accusation | |||||
Paris Powell | B | ACCORDINGLY | 2009 | official misconduct | Perjury or false accusation | |||||
miguel toney | C | From you | 2009 | official misconduct | Perjury or false accusation | |||||
z-herman lindsey | B | Florida | 2009 | 3 competing judges found impropriety in the Public Prosecutor’s Office’s sanction phase | Acquittal on appeal, insufficient evidence | |||||
cocina roland | B | Illinois | 2009 | official misconduct | Perjury or false accusation | false confession | ||||
Daniel Wade Moore** | C | Alabama | 2009 | official misconduct | ||||||
paul's house | C | Tennessee | 2009 | False or misleading forensic evidence | ||||||
nathson fields | B | Illinois | 2009 | official misconduct | Perjury or false accusation | inadequate legal defense | ||||
michael blair | A | From you | 2008 | False or misleading forensic evidence | fake witness card | |||||
Levon "Bo" Jones | B | NORTH CAROLINE | 2008 | official misconduct | Perjury or false accusation | inadequate legal defense | ||||
Glen Edward Chapman | B | NORTH CAROLINE | 2008 | official misconduct | Perjury or false accusation | inadequate legal defense | ||||
kennedy brewer | B | EM | 2008 | official misconduct | Perjury or false accusation | False or misleading forensic evidence | ||||
jonathan hoffman | B | NORTH CAROLINE | 2007 | official misconduct | Perjury or false accusation | |||||
Michael Lee McCormick | C | Tennessee | 2007 | False or misleading forensic evidence | inadequate legal defense | |||||
Curtis McCrory | C | ACCORDINGLY | 2007 | official misconduct | Perjury or false accusation | False or misleading forensic evidence |
* Non-unanimous jury recommendation
** judicial precedence
-z absolution, not in NRE
Official Misconduct: Processing of Illicit Capital and 2016 Relief Data
As noted above, 2016 data from the National Registry of Excuses included evidence that the death penalty played a role in nearly a quarter of the 54 murder excusations in 2016.
NRE exoneration data show at least 13 exonerations that involved misuse of the death penalty. In at least six of the manslaughter convictions, prosecutors sought the death penalty at trial. In another, an innocent defendant pleaded guilty to avoid the death penalty. And at least six other exonerations were the result of witnesses falsely implicating innocent defendants after police threatened the witness or a family member with the death penalty unless the witness cooperated with the investigation.
There have been at least six unfair capital trials in which prosecutors sought death but the jury awarded life sentences:
- Eddie Bolden, IL: Contributing factors: false witness identification, official misconduct, inadequate legal defense;
- keith harward, VA: Contributing Factors: False witness identification, false or misleading forensic evidence, perjury or false accusation, official misconduct;
- marcus maxon, IL: Contributing factors: false confession, perjury or false accusation, official misconduct;
- Charles Palmer, IL: Contributing Factors: False or misleading forensic evidence, perjury or false accusation;
- kevin siehl, PA: Contributing Factors: False or misleading forensic evidence, perjury or false accusation, official misconduct, inadequate legal defense;
- Antonio Wright, PA: Contributing factors: false confession, perjury or false accusation, official misconduct.
There has been at least one case where the unjust threat of the death penalty prompted an innocent defendant to plead guilty to avoid the death penalty:
- Pablo Gatling, NY: Contributing Factors: False witness identification, official misconduct.
There were at least three other cases involving six people exonerated in 2016 in which wrongful conviction was obtained by threatening witnesses that they or their loved ones could face the death penalty if the witness did not cooperate:
- Carlos HerzogYLavell Jones, NY: Contributing Factors: False confession, perjury or false accusation, official misconduct;
- johnny klein, NC: Contributing factors: perjury or false accusation, official misconduct;
- norfolk 4(3 of them—jose pau,Derek Tice, Ydaniel williams– were exonerated in 2016), VA: Contributing Factors – false confession, perjury or false accusation, official misconduct.
Each of these wrongful convictions involved official misconduct or a false statement/accusation, and eleven (84.6%) of them involved both.
Race and official misconduct in murder cases
This is reported by the National Registry of ExemptionsRace and False Beliefs in the United Statesshows that 87% of blacks on death row were victims of official misconduct, compared to 67% of whites on death row. Official misconduct is one of the most difficult and time-consuming pieces of evidence to uncover, so it is not surprising that recent exonerations, many of which lasted two decades or more, provide ever clearer evidence of racial effects. NRE data show that 20 of the last 21 wrongfully convicted African Americans (95%) exonerated were victims of official misconduct, compared with 8 of the last 12 white death row inmates (67%).
The National Register reports that these racial disparities are "in large part" the result of police misconduct. The registry reports "a modest difference" in rates of prosecutor misconduct among death row prosecutors, with prosecutor misconduct occurring in 59% of black death row exonerations, compared to 53% of black death row exonerations. death row being white. However, "a big difference in the rate of police misconduct" was reported: 59% for blacks on death row, compared to 44% for whites. The Register reports that “[t]he high rate of police misconduct in murder cases involving black suspects is reflected in the type of misconduct that occurs. Withholding exculpatory evidence, the most common type, is primarily a form of prosecution misconduct; there is relatively little difference in frequency by race…. On the other hand, witness tampering is "almost exclusively committed by police officers" and is nearly twice as common among black suspects of murder.
Comparison of the factors that contribute to the exoneration of homicide with those of other types of crimes
National Registry data show that official misconduct and false confessions are much more common in acquitting homicide than in exonerating other types of crimes, and exonerating homicide in addition to child sexual abuse is much more likely. in other types of cases. False eyewitness identifications and false or misleading forensic evidence are as prevalent in homicide cases as they are in most other types of cases. The exception is exonerations in sexual assault cases, where misidentification and false or misleading forensic evidence are significantly more common.

footnotes
1The National Registry does not include in its exoneration database the three Florida death row appeal acquittals that occurred during this period. To be included in its exoneration database, the NRE requires ex post discovery of evidence of innocence, which is not the case when the conviction of a death row inmate is overturned and a new trial is prevented because there was not enough evidence. to prove his innocence. phrase at the beginning. instance. Acquittal on appeal alone is sufficient to be placed on the DPIC exemption list.
2While no death row inmates were fully exonerated in 2016, the 2016 data from the National Registry of Indictments included evidence of at least 13 cases in which the death penalty was used illegally, either through illegal capital criminal proceedings, where (1 ) the defendants were convicted but avoided the death penalty at the time of sentencing, (2) the defendants made false confessions to avoid the death penalty at trial, or (3) the witnesses gave false testimony after being threatened that they or their loved ones would face the death penalty if they did. Do not cooperate with law enforcement.
—Robert Dunham, CEO (May 31, 2017)
Previous studies
to use:Nearly half of the cases contained more than one cause of wrongful conviction. Therefore, the total number of cases in the table is greater than 86.
In 2001 orCenter for False Beliefsat Northwestern Law School, he reviewed the cases of 86 death row inmates. They found a number of reasons why innocent people are wrongfully convicted of deaths. Included reasons:
- witness errordue to confusion or memory failure.
- government misconductBoth by the police and by the Public Prosecutor's Office
- junk science -mishandled evidence or use of unqualified "experts"
- espionage statementoften given in exchange for a reduced sentence
- false confessions -mental illness or disability and torture by the police
- Others -Rumors, dubious evidence, etc.
The Center for Wrongful Convictions report found that among these past cases, eyewitness error was the most common factor in death row exonerations.
read thisfull report
Anhang A
Attachment
appendix C
For more information on the grounds for illegal convictions, see:
Generally:
- Sentencing Innocents: Wrong Path or Systemic Problem?von Rodney Uphoff, University of Missouri School of Law
- ”Relief in the United States, 1989 to 2003“, von Samuel Gross, et al., Journal of Criminal Law and Criminology, Bd. 95, num. 2, 2005
Misconduct by the Government:
- government misconductvom Project Innocence
- official misconductvom Center for Wrongful Convictions
Finger testimony:
- the snitch systemvom Center for Wrongful Convictions
- Incentives for whistleblowersvom Project Innocence
Others:
- insufficient defensevom Project Innocence
witness error:
- Incorrect eyewitness identificationvom Project Innocence
- eyewitness errorvom Center for Wrongful Convictions
junk science:
- forensic misconductvom Project Innocence
- Unreliable and limited science.vom Project Innocence
- whistleblowers/spiesvom Project Innocence
false confessions:
- False confessions or admissionsvom Project Innocence
- false confessionsvom Center for Wrongful Convictions
For information on the National Registry of Exoneration on Cause of Conviction in cases of exonerated persons sentenced to death, click hereHere.
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08.11.2022
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June 30, 2021
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June 28, 2021
FAQs
What are the 6 most common causes for wrongful convictions? ›
- Eyewitness misidentification.
- False confessions.
- Police and prosecutorial misconduct.
- Flawed forensic evidence.
- Perjured testimony.
- Jailhouse Informants.
- Inadequate Defense.
- Misused Forensic Science.
- Access to Post-Conviction DNA Testing.
- False Confessions.
- Eyewitness Misidentification.
- Mistaken witness id. Eyewitness error is the single greatest cause of wrongful convictions nationwide, playing a role in 72% of convictions overturned through DNA testing. ...
- False Confession. ...
- false forensic evidence. ...
- perjury. ...
- official misconduct.
Eyewitness identification error is one of the primary contributors to wrongful convictions. In fact, according to the Innocence Project, it was a contributing cause in approximately 70% of convictions overturned through DNA testing.
What is the largest cause of wrongful convictions? ›Eyewitness misidentification has been found to be the leading cause of known wrongful conviction, contributing to approximately 70 per cent of known wrongful convictions that have been overturned by DNA testing.
What is the most unreliable type of evidence? ›Eyewitness testimony is far less reliable than it is compelling. Although it's often one of the most influential types of evidence brought to trial, eyewitness testimony is often flawed due to bias, poor visibility or bad police lineups.
What is the most common reason for a false confession? ›An innocent defendant may make a false confession due to mental impairment, disability, or instability, intoxication or drug use, fear of violence, actual violence, threat of a long prison sentence, ignorance of the law, and misunderstanding.
What are three common causes of wrongful convictions in criminal and death penalty cases? ›- The same factors drive wrongful convictions in non-capital cases and death penalty cases, including:
- In death penalty cases, perjury/false accusations and official misconduct are the leading causes of wrongful convictions.
Honest, but mistaken, eyewitnesses are one of the leading causes of wrongful convictions nationally and in MAIP cases. This is true for many reasons. Crimes are stressful and often take place quickly. Those who commit them often are trying to hide their appearance.
What is an example of wrongful conviction? ›Andre Davis spent over 31 years in prison for a rape and murder he did not commit. Kristine Bunch was wrongfully convicted in Indiana for arson and murder of her three-year old son who died in an accidental fire. She spent 17 years in prison before being released in 2012.
How do you solve wrongful convictions? ›
The leading options include expanding access to post-conviction DNA tests, barring testimony from jailhouse informants and finally creating accountability for dishonest prosecutors (who in almost all cases see no consequences for stealing the lives of their Black and Brown constituents) and police.
What are some solutions to wrongful convictions? ›The best solution to rectifying these wrongful convictions is perhaps tripartite: allowing expert testimony when the only evidence against the defendant is eyewitness testimony; improving procedures for collecting eyewitness evidence; and properly educating the principal participants in a trial about the effects of ...
Is DNA evidence enough to convict a suspect? ›In cases dealing with a full single DNA profile, DNA evidence alone might be sufficient to convict, if all the proper procedures were followed, such as that the chain of custody is intact, no contamination has occurred and the DNA match is merely a confirmatory match.
Is DNA evidence enough to convict a suspect of a crime? ›If identification is not in issue, generally DNA evidence will be irrelevant. By the same token, if there are issues beyond identification there will be no question of the DNA evidence alone being sufficient to justify conviction. All material facts in issue must be proved to convict an accused.
Can an innocent person be convicted based on DNA analysis? ›DNA testing on biological samples such as skin, saliva, semen, blood or hair can help convict or exonerate with great accuracy. But only if the biological evidence is properly collected, preserved and kept from contamination. And only if the analysis is done correctly.
How often do innocent people get convicted? ›Studies estimate that between 4-6% of people incarcerated in US prisons are actually innocent. If 5% of individuals are actually innocent, that means 1/20 criminal cases result in a wrongful conviction.
Where are the most wrongful convictions? ›The Innocence Project succinctly answers the question of which state has the most wrongful convictions (as evidenced by exonerations), and that answer is the State of Illinois.
Why would an innocent person confess to a crime? ›Most commonly reported reasons for true confessions were the perceived proof, a need to clear one's conscience, police pressure, custodial pressure, and the hope of being released from custody (Gudjonsson et al. 2004a, b; Sigurdsson and Gudjonsson 1994; Volbert et al. 2019).
What is the strongest type of evidence in court? ›Direct Evidence
The most powerful type of evidence, direct evidence requires no inference and directly proves the fact you are investigating. The evidence alone is the proof, if you believe the accounts.
Falsified evidence is evidence that is illegally created for the purpose of influencing the outcome in a court case. It is also termed as forged evidence or tainted evidence.
What is the most reliable evidence in court? ›
Physical Evidence.
Physical evidence is some of the most reliable evidence possible. It can back up or disprove witness testimony, link people to crime scenes and help to reconstruct a crime.
- The Misclassification Error. The first mistake occurs when detectives erroneously decide that an innocent person is guilty. ...
- The Coercion Error. ...
- The Contamination Error.
- Real or perceived intimidation of the suspect by law enforcement.
- Use of force by law enforcement during the interrogation, or perceived threat of force.
False Confession in California
Many of these false confessions lead to wrongful convictions, which are reversed by the DNA evidence.
Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation. Retribution refers to just deserts: people who break the law deserve to be punished.
Which of the following is the most common contributing factor to wrongful convictions in death penalty cases? ›The Most Common Causes of Wrongful Death Penalty Convictions: Official Misconduct and Perjury or False Accusation.
What is the most frequently identified factor in wrongful convictions quizlet? ›Eyewitness misidentification: A false identification has the greatest risk of a wrongful conviction.
What are the three most important causes of crime? ›The Crime Triangle identifies three factors that create a criminal offense. Desire of a criminal to commit a crime; Target of the criminal's desire; and the Opportunity for the crime to be committed. You can break up the Crime Triangle by not giving the criminal the Opportunity.
Why is it so hard to overturn wrongful convictions? ›After you lose at trial the presumption of innocence converts into a presumption of guilt, and it becomes increasingly hard to rebut that presumption over time.
What is a good thesis statement for wrongful conviction? ›1. What is your thesis statement? Innocent individuals have been wrongfully convicted for crimes that they did not commit. This has happened in the past, before DNA technology was available, however, it continues to happen today.
How do police get false confessions? ›
False confessions can happen under certain circumstances, when police interrogation tactics are physically or mentally tortuous, exhausting, or seemingly never-ending, when they confuse the defendant, or suggest to the defendant that he or she “did it” using “what if” scenarios.
What happens if you are falsely convicted? ›There are two ways the wrongfully convicted can gain compensation for their time behind bars. Most states have laws providing compensation to those who can verify their innocence. Then there are civil lawsuits, a longer-shot effort to prove the conviction was the result of police misconduct.
How are people victimized by wrongful convictions? ›Eyewitness misidentification, invalidated or improper forensic evidence and analysis, false testimony by informants, false confessions, and ineffective legal counsel contributed to the wrongful convictions.
What factors have been found to be associated with false confessions? ›- Real or perceived intimidation of the suspect by law enforcement.
- Use of force by law enforcement during the interrogation, or perceived threat of force.
The main reported reasons for false confessions in self-report studies were police/interviewing pressure, protection of another person/the real offender, and avoidance of police detention/hope for mitigation of sentence (e.g., Redlich et al. 2010; Sigurdsson and Gudjonsson 2001; Volbert et al. 2019).
What crimes have the most false accusations? ›The rate of Mistaken Identifications is highest in sexual assault cases (69%). The rate of False or Misleading Forensic Evidence is highest in homicide cases (23%) and non-violent crime (such as drug possession) cases (31%). The rate of False Confessions is highest in homicide cases (21%).
How common are wrongful convictions in the US? ›A recent Mother Jones article attempts to answer this question with help from the Innocence Project, the Center on Wrongful Convictions and experts in the field. estimate is that 1 percent of the US prison population, approximately 20,000 people, are falsely convicted.
How many Americans are wrongfully convicted? ›Studies estimate that between 4-6% of people incarcerated in US prisons are actually innocent. If 5% of individuals are actually innocent, that means 1/20 criminal cases result in a wrongful conviction.