The Innocence Commission
Eyewitness identification evidence is considered the leading cause of wrongful convictions. Forensic DNA tests have shown that mistaken identification accounts for more wrongful convictions than all other causes combined. Eyewitness identifications are primarily confirmed through the utilization of line-ups, where witnesses point perpetrators out in person or by photograph. Weaknesses in the areas of identification can only expect such causes to be found (Innocence Project, n.d.).
Reducing or eliminating mistaken identification is a necessity. Preventing such weaknesses can be obtained by videotaping the entire identification process, including line-ups, photographs, and composites. Procedures can be confirmed and supported. Levels and rates of certainty should be asked of witnesses. Most importantly, “police and prosecutors should be trained with regard to the risks of providing corroborating details or cues that may influence a witness” (Innocence Project, n.d.).
Herman Atkins knows all too well what mistaken identification can cause. He was wrongfully convicted on counts of forcible rape, forcible copulation, and robbery. Atkins was identified by the victim after seeing his picture in a wanted poster at the police department. A witness who worked at a neighboring store also identified him. The witness indicated that Atkins had been in her store that day (Innocence Project, n.d.).
The conviction of Atkins could have been averted if a proper line-up was administered by the police department. The victim identified Atkins after seeing his picture in a wanted poster and was only then provided with a photographic line-up. This same poster was shown to a witness, as if suggesting that a certain individual was already found suspect to the crime. A picture line-up was not administered. Being properly trained with regard to the risks of providing corroborating details or cues could have prevented Atkins from 12 years of undeserved prison incarceration.
Another leading factor resulting in wrongful convictions is police misconduct. Contributions to wrongful convictions have derived from improper techniques, coercive tactics, and poor investigation. Suggestive identification procedures are key examples of improper police techniques. These procedures include one on one show-ups, suggestive line-ups, and coerced identifications. Forced confessions, violence toward suspects, and manufactured evidence have carried both obvious and subtle effects upon the lives of unjustly accused and convicted persons (Innocence Project, n.d.).
Training is the best tactic for avoiding improper techniques. Establishing disciplinary committees that focus exclusively on misconduct of police officers can also help. “Additionally, the further involvement of federal agencies is needed to address misconduct by state police officers” (Innocence Project, n.d.).
John Stoll was found guilty of lewd and lascivious conduct that allegedly included sodomy, group sex, and pornographic photography. His conviction was based solely on the testimony of six children. Suggestive questioning is said to have coaxed the children into stating what was hoped for by investigators. Most of the accusers, now adults, have recanted their testimonies, indicating that investigators pressured them until they lied (Skoloff, 2004). “On April 30, Judge John Kelly overturned Stoll’s conviction. He said the children had been improperly interviewed, making their testimony unreliable” (Jones, 2004).
Adequate training and accountability methods implemented could have saved John Stoll from the experiences rendered as a result of police misconduct. Recent court decisions have focused on ensuring officer integrity and accountability. Due process does not protect officers from discipline for falsely denying misconduct claims. Garrity v. New Jersey, 385 U.S. 493 (1967) contends that law enforcement officers cannot be terminated for exercising their right to remain silent. Officers afforded Garrity immunity can, however, be required to cooperate. Discipline for declining to answer or responding less than completely truthful can be consequential as well. Exercising the right to remain silent can carry repercussions. Departments may draw an unfavorable conclusion from an officer’s silence as a factor in subsequent discipline and transfer officers when their silence creates justifiable security or fitness for duty concerns (Schofield, 1998).
Wrongful convictions have also been the result of bad lawyering. The ineffective or even incompetent defense that lawyers display, allowing defendants who might otherwise have been proven innocent at trial to be sent to prison, fall into this category. The aspects of bad lawyering include failure to provide a thorough investigation, failure to call witnesses, and the inability to prepare for trial (Innocence Project, n.d.). The term bad lawyering is often associated with public defenders; however, since all attorneys can be negligent in their practice, these groups should not be singled out.
Lack of resources available tends to be one of the biggest issues facing public defenders. Most public defenders are considered to be underpaid and overworked. The relevancy of this issue is that being overworked and underpaid result in bad lawyering. People can only do so much in a certain amount of time. The capabilities of attorneys are limited since time is of essence. A constant feeling of being unappreciated and overworked can only result in the legal career soon becoming just a job.
A perfect solution to resolve bad lawyering can only be hoped for. Alleviating some of the aspects of bad lawyering, however, can be achieved. Ensuring competitive pay for public defenders is one approach. Another approach would require that caseloads handled are kept within a reasonable range as in accordance to the National Legal Aid and Defenders Association. Standards of adequate defense need to be established. The public should be made aware of the aspects of an adequate defense. Attorneys would also benefit by having a concise understanding of expectations in providing a defense.
Jimmy Ray Bromgard was wrongfully convicted of raping an eight year old girl as a result of ineffective counsel. His trial attorney failed to perform an investigation, did not file pre-trial motions, and did not utilize expert witnesses. Bromgard spent over 15 years in prison prior to exoneration. After a “crime post conviction” DNA test proved that Bromgard did not rape the girl, the sentence was overturned (Innocence Project, n.d.). Had Bromgard known of his allowance to refute expert testimony and understood the necessity of an adequate defense, his conviction might have been averted.
Competitive pay, caseload standards, and adequate defense standards all appear to be an easy enough solution to eliminate wrongful convictions. Unfortunately, this is not realistic. Society must determine whether these results stem from unrealistic expectations from the courts or from expectations brought on by the public defenders, themselves. A rational assumption would be that the problem in question is a joint result of both society and the attorneys. Provided that there is a continued ignorance regarding the efforts of public defenders and inadequate pay for their positions, problems will persist.
False confessions are not considered as common in causing wrongful convictions as others. In fact, false confessions were found to be the cause of wrongful convictions in only 15 of 70 cases in a DNA exonerations study made in 2003 (Innocence Commission, n.d.). These causes are nevertheless relevant for discussion. False confessions are fictitious confessions made by a suspect that is influenced or motivated by an outside source or psychological problem. These influences can include duress, coercion, intoxication, diminished capacity, ignorance of the law, and mental impairment. Fear of violence and threats of extreme sentences have also led innocent people to confess to crimes they did not perpetrate (Innocence Project, n.d.).
False confessions have a correlation with the type of suspect in question and other key factors. Adolescent and mentally handicapped suspects fall into this category. Adolescents are often unreliable and easier to manipulate through positive and negative feedback. Many times they are not fully cognizant of the situation. Mentally handicapped suspects tend to be accommodating and agreeable, especially to authority figures. The length of the interrogation is also a mitigating factor of false confessions. Mental and physical fatigue is suffered by the suspect as a result. Suspects tend to confess in these circumstances with hopes to end the interrogation, worrying about proving their innocence later. The level of interrogation training plays a part in the possibility of obtaining a wrongful confession (Innocence Project, n.d.).
Eliminating false confessions can be attained by videotaping or recording the interrogation process and confession (Innocence Project, n.d.). Both key events must be taped or recorded in order to achieve positive results. Necessary reviews conducted by police, the defense, the prosecution, and the judge can better confirm correct procedures and sound confessions. Recording such events can also be used for purposes of training in proper interrogation methods and procedures.
Robert Miller has benefited from the recording of interrogations and the confession process. He was convicted of murder, rape, robbery, and attempted robbery, being sentenced to 729 years (Innocence Project, n.d.). Miller’s initial interrogation was taped by a hidden camera, and a later review of the material confirmed the inconsistencies with the confession and factual evidence of the case. These anomalies led to further DNA testing, which finally helped to prove that Miller was wrongly convicted based on a false testimony. Miller was released after serving 9 years of his sentence.
Wrongful convictions have been a detriment to the criminal justice system. Flaws are expected, though, and only positive consequences can result in the truth in justice we are now finding. With the help of programs, such as the Innocence Commission, exonerations will continue to surface. Focusing on the many avenues available for correction and improvement within the justice system can alleviate many flaws previously committed and make way for a better system for all. Justice is not only served when the criminal are convicted, but also when the innocent are freed.
