Leading Causes of Wrongful Convictions

As of the date of this writing, in the United States alone there have been 3,605 exonerations since 1989, accounting for more than 32,750 years lost by those who were wrongly convicted and incarcerated¹. However, far more significant than these alarming statistics are the human lives that have been irreparably altered by the criminal justice system that failed them. While there is no way to restore the time and memories lost due to a wrongful arrest, prosecution, or conviction, focusing on the root causes can increase awareness of the issues and advocate for nationwide change to ensure that fewer lives are interrupted.

Academic research has attempted to calculate the prevalence of wrongful convictions with rates ranging from as low as 0.027%² to as high as 37.7%³ though the most accepted estimates are between 1-5%⁴. Although 1-5% may initially seem like a small percentage, courts generate over one million felony convictions each year⁵, which could lead to as many as 50,000 wrongful felony convictions annually. Given these significant numbers, it is imperative to implement policy or institutional changes to ensure future generations don’t continue to needlessly suffer.

The Leading Causes of Wrongful Convictions

While a systemic issue often cannot be traced back to a singular cause, in this case, the most common factor leading to wrongful convictions is faulty eyewitness testimony. An overwhelming majority, as high as 75%, of known wrongful convictions involve mistaken eyewitness identifications⁶.

Eyewitnesses are often the starting point for any investigations, helping to narrow down potential suspects and timelines, but their reliability is often overstated. Human memory is inherently unreliable and can deteriorate over time, even for events that are particularly significant or traumatic. Various factors can influence a witness’s recall including weather, lighting, the presence of a weapon, stress, or a high-stakes situation which can cause the brain to prioritize survival over accurate memory recall.

Further, memory can be influenced by both internal and external factors. For example, psychologists have found that cross-racial identifications are more likely to yield eyewitness errors⁷. Criminologists and other social scientists have discovered that even minor deviations from recommended police practices can influence a witness to incorrectly identify a suspect. Such deviations may involve how potential suspects are displayed (one at a time versus in a lineup) or based on the instructions given to the witness during the lineup. These factors are not always the result of malice, but the consequences can still be devastating.

Other Contributing Factors

Mistakes in eyewitness identification are far from the only causes of wrongful arrests, prosecutions, and convictions. Other common issues include:

• Forensic errors, including outdated junk science, unreliable experts, or errors in processing collected evidence;
• Bias in law enforcement and prosecution including confirmation bias and tunnel vision;
• False confessions, which are especially prevalent among juveniles, individuals with mental health diagnoses, non-native English speakers, and those accused of minor crimes; and
• Informants, whether they be confidential informants in the community or jailhouse informants who may be incentivized to provide false testimony.

Ultimately, wrongful arrests, prosecutions, and convictions arise from multiple failures across the criminal justice system, with eyewitness testimony often a critical factor. A thorough understanding of the underlying causes that can contribute to these failures is essential in advocating for policy change to ensure that no one else becomes ensnared in the relentless machinery of our justice system.

If you are interested in exploring a potential civil remedy for a wrongful arrest, prosecution, or conviction, please contact our office.

Sources:

1. The National Registry of Exonerations – Exoneration Registry (umich.edu)
2. 548 Bound Volume
3. Estimating wrongful convictions: Justice Quarterly: Vol 18, No 3
4. Estimating the Prevalence of Wrongful Convictions
5. Felony Sentences in State Courts, 2006 – Statistical Tables | Office of Justice Programs; 10statrpt.pdf
6. Convicting the Innocent — Harvard University Press; Exonerations in the United States, 1989-21012 Full Report
7. Thirty years of investigating the own-race bias in memory for faces: A meta-analytic review.