The following is an abridged summary of a report
on criminal exonerations in the United States . This
summary is my attempt to provide quick overview of the findings in the
report. I encourage everyone to download the report and read it in detail. You
cannot get the full impact of this work from this abridged version.
Exonerations in the
United
States , 1989 – 2012
Report by the National Registry of Exonerations
http://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf
May, 2012
This is the first Report from the National Registry of
Exonerations, a joint project of the University of Michigan Law School and
the Center on Wrongful Convictions at Northwestern University School of Law. The Registry can be found at exonerationregistry.org. It
includes detailed information on the 873 individual exonerations in the United States from January, 1989, through the end of February, 2012.
“Exoneration,”
as we use the term, is a legal concept. It means that a defendant who was
convicted
of a crime was later relieved of all legal consequences of that conviction
through a decision by a prosecutor, a governor or a court, after new evidence
of his or her innocence was discovered. As you will see in this report, the number of exonerations in the United States is not a good measure of how often our justice system produces false convictions. The full report also contains wrenching examples of truly innocent people falsely caught up in the system.
EXONERATIONS
FOR FALSE CONVICTIONS
- The procedure for convicting a defendant of a crime is set by law: unless the defendant pleads guilty, he must be convicted at a trial before a judge or a jury by proof beyond a reasonable doubt.
- There is no set legal procedure for deciding that a convicted defendant is innocent when subsequent proof of innocent surfaces.
- Persons convicted of a crime can appeal but
- Appeals are mostly based on some misapplication of law at trial
- New evidence cannot be presented to win a chance to appeal
- Accuracy of the trial court’s judgment is not reviewed
- Winning an appeal triggers a new trial, not an exoneration
- Most exonerated defendants have their convictions vacated by
courts at some point, but that almost always occurs in some form of
"collateral review" or "extraordinary relief"
proceeding after the process of ordinary appellate review has run its
course, which can take years.
Who’s
Exonerated, and by What Procedure
All
told, we know of 873 individual exonerations from January 1989 through February
2012. For these exonerees:
·
93% were men (816/873) and 7% were
women (57/873).10
- We know the race of the
defendants in 92% of the cases (802/873):
- 50% were black (399/802),
- 38% were white (303/802),
- 11% were Hispanic
(86/802), and
- 2% were Native American
or Asian (14/802).
- 8% pled guilty (71/873) and the rest were convicted at trial –
87% by juries and 8% by judges.
- 37% were cleared at least in part with the help of DNA evidence
(325/873).
- 63% were cleared without DNA evidence (548/873).
- Almost all had been in prison for years; half for at least 10
years; more than 75% for at least 5 years.
- As a group, the defendants had spent more than 10,000 years in
prison for crimes for which they should not have been convicted –
an average of more than 11 years each
As a
procedural matter, these exonerations occurred in several ways; in some cases,
in more than one way:
113
Pardons: Governors issued pardons based on evidence of the defendants’
innocence. In 41 cases of defendants
whose charges had previously been dismissed, and three who had been acquitted
on retrial by a jury or a judge.
673
Dismissals: Criminal charges were dismissed by courts, generally on
motion
by the prosecution, after new evidence of innocence emerged.
76
Acquittals: Defendants were acquitted on retrial on the basis of newly
presented
evidence that they were not guilty.
11
Certificates of Innocence: In a small number of cases courts have issued “certificates
of innocence,” “declarations of wrongful imprisonment,” or similar judgments of
innocence.
10
Posthumous Exonerations: Ten defendants received posthumous exonerations;
two of them also received a judicial declaration of innocence.
Exonerations by Crime
The
2003 Report divided the exonerations it listed into four crime categories: Murder
(including
a few manslaughter convictions), Rape (including other sexual assaults),
Other
Crimes
of Violence, and Drug and Property Crimes.30 In Table 1 we compare the cases in the 2003 Report and those
in the National Registry, using those classifications.
Exonerations by Category of Crime
|
||
CRIME
|
1989 -
2003 REPORT
|
1989 –
2012 REPORT
|
Murder
(including manslaughter)
|
60% (205)
|
48% (416)
|
Rape (and
other sexual assaults)
|
36% (121)
|
35% (305)
|
Adult Victims
|
30% (103)
|
23% (203)
|
Minor Victims
|
5% (18)
|
12% (102)
|
Other
Crimes of Violence
|
3% (11)
|
11% (94)
|
Drug and
Property Crimes
|
1% (3)
|
7% (58)
|
TOTAL
|
100%
(340)
|
100%
(873)
|
Time to Exoneration
The
overall average is 11.9 years from conviction to exoneration, 13.0 years from
arrest. The range varies greatly. Exoneration generally takes long when the
crime is more serious.
Time to
Exoneration: All Crimes (Five-Year Moving Average)
RACE OF EXONEREES
Black
defendants are heavily overrepresented among exonerees: they are heavily
overrepresented among those arrested and imprisoned for violent crimes and drug
crimes. But the disproportions we see are greater than what one would expect. In
2000, for example, 46% of state and federal prisoners were black; in 2008, that
proportion was 38%.42 Using either bench mark, black exonerees, at
50%, are somewhat overrepresented among all exonerees – but this disparity is
unevenly distributed. In 2008, 43% of homicide prisoners were black,43 only slightly fewer than the 49% of homicide
exonerees who were black. For robbery, the difference is greater: 52% of
prisoners and 64% of exonerees were black; for drug crimes, 45% of prisoners
and 60% of exonerees were black (but the number of cases is small). Finally,
for sexual assault, the difference is huge: 25% of prisoners, but 63% of
exonerees were black.
Exonerations by state
The
873 exonerations in the Registry come from 43 states, the District
of Columbia , the
1. Illinois 101
2. New York 88
3. Texas 84
4. California 79
5. Michigan 35
6. Louisiana 34
7 Florida 32
8. Ohio 28
9. Massachusetts 27
10. Pennsylvania 27
Some Causes of False Convictions
There
is a well-known list of factors that are associated with exonerations:
eyewitness
misidentification,
false confession, perjury, false or misleading forensic evidence, official
misconduct. More than one factor may be present in a
false conviction. For all exonerations,
the most common causal factors are perjury or false accusation (51%), mistaken
eyewitness identification (43%), and official misconduct (42%). For 104 exonerations, our information
includes clear evidence of severely inadequate legal defense, but we believe
that many more of the exonerated defendants – perhaps a clear majority – would
not have been convicted in the first instance if their lawyers had done good
work.
CONCLUSIONS (UNABRIDGED)
The
most important thing we know about false convictions is that they happen and on
a regular basis. We don’t know how often they occur or what types of cases are
most common. Most false convictions never see the light of day. We know only
about the rare ones that are discovered and corrected (at least in part) by
exoneration – and we miss many cases in which innocent defendants are
exonerated, probably most. We do know that the more we look, the more exonerations
we find, and the more varied they are.
The
most important goal of the criminal justice system is accuracy: to identify and
condemn the guilty, and to clear the innocent. The most effective way to do so
is by careful, honest and open minded work before conviction, in the
investigation and prosecution of criminal charges.
The
next most important task is to remain open minded after conviction about the
possibility of error. The overwhelming majority of convicted defendants are
guilty. Most never dispute their guilt and few ever present substantial
post-conviction evidence of innocence. When that does happen, however, it
should be taken seriously. We know of many exonerated defendants who were
imprisoned for years, even decades after they presented strong evidence of
their innocence. We cannot prevent all
false convictions, but we must not compound these tragedies by stubbornness or
arrogance or, worst of all, indifference.
The
National Registry of Exonerations is the largest database of its kind ever
assembled. We have already learned a great deal from it. In particular, it is
now clear that false convictions are not one sort of problem but several, and
that the solutions that might prevent them vary drastically from one context to
another: For homicides, the biggest problem is perjury and false accusation,
most often by supposed eyewitnesses, with official misconduct a close second.
False convictions in adult rape cases, on the other hand, are primarily based
on eyewitness mistakes – more often than not, mistakes by white victims falsely
identifying black defendants. Most false convictions in child sex abuse cases,
by contrast, are for fabricated crimes that never occurred. And so forth.
We
will learn more as the Registry matures and we gather data about a larger
number of
exonerations
across a wider range of settings. The more we learn about false convictions the
better able we will be to prevent them, or failing that, to identify and correct
them after the fact.
the courts are a scam. I am one of the falsely convicted, soon every last member of the court which found me guilty will be in prison along with the six lying officers and several clerks and a prosecutor, and a notary, and a court reporter, the whole damn court was a bunch of felons. You convict falsely you should do the time x20.
ReplyDelete