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Friday, October 18, 2019

Why People Are Falsely Convicted

Here's some info from the Innocence Project class I'm taking through OLÉ.  I'd note that most of the information in this post comes from the class, though I've added some links for people who want to dig a little deeper.

The Innocence Projects seeks to help prisoners who have been wrongfully convicted to get released from prison.  To date, according to the class, 367 people in the United States have been exonerated by DNA testing and 162 actual assailants identified.  (That is the people who actually committed the crimes.)



6 Common Causes of Wrongful Conviction
1. Eyewitness misidentification
2. False confessions or admissions
3. Government misconduct
4. Inadequate defense
5. Informants (e.g., jailhouse snitches)
6. Unvalidated or improper forensic science

Today I'm going to just look at number 6.

6.  Unvalidated or improper forensic science
“When we looked at all the cases of people who have been exonerated by DNA evidence, we found that in 60 percent of those cases, experts who testified for the prosecution produced either invalid evidence or the misapplication of science in their testimony.” Peter Neufeld, Co-founder of the Innocence Project

  • DNA is now 'the gold standard' for criminal cases.  However, there are cases of contamination of DNA - the DNA that is gathered at the scene, or contamination in the lab.  But modern technology is more likely to be able to detect contamination.  
  • Odontology - This is used most effectively when there's a fire or accident, and the teeth are used to identify a body.  But there were experts who claimed to be able to match teeth based on bite marks and a number of people have been convicted based on testimony from 'experts.'  But it turns out this can be bogus.  There was no real science behind it and different experts could interpret it differently.  
  • Pattern Evidence - Shoe Prints, Tire Tracks, and bullet striations - all these methods were also shown to be unreliable, that is, different experts could come up with different conclusions and there was no scientific standards for showing how close the match was.  You can read more about this and scientific advances here.
  • Arson - Again, a few 'experts' gained credibility on being able to determine arson.  However, the case of Cameron Todd has debunked this method.  Todd, unfortunately had been put to death before the evidence in his trial was faulted.  
  • Fingerprints - once the gold standard (before DNA) the infallibility of fingerprints was shattered in a case that came from a terrorist bombing in Madrid.  The Spanish police put fingerprints out worldwide and the FBI found an attorney in Oregon whose prints matched.  And he'd recently become a Muslim.  Three FBI fingerprint experts agreed and sent the data to Spain.  The Spaniards were dumbfounded.  How could this be?  There was no record the lawyer had ever even been to Spain.  Other fingerprint experts identified an Algerian terrorist whose prints matched better than the Oregon attorney.  Because of this case, they no longer say they're 100% sure.  Instead they say "it matches on these points."  Here's a link to the FBI's report on that case.
  • Shaken Baby Syndrome - A pediatrician in 1971who had a number of infant deaths tried to figure out what had caused them and decided it might stem from shaking the baby.  He came up with three symptoms.  If the baby had those three symptoms, then the last person in contact with the baby was guilty.  The case of Audrey Edmunds was the case that eventually debunked that theory. She got out of prison, but there are still many other prisoners in prison because of the shaken baby theory.  
That should be enough for one bite.  I'll add more in future posts.  I'd also recommend watching "When They See Us" to those who have Netflix.  It's about the Central Park Five.  I didn't want to watch it at first, but it got good reviews, and so I checked the first episode and then finished them all.  Including the last one with Oprah Winfrey (who was the producer of the film) interviewing the  key actors AND the actual exonerated men who had been wrongly convicted.  That show illustrates most of the six common causes listed above.  It does a particularly good job on false confessions, which most people have trouble understanding.  


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