Monday, April 18, 2011

Who Confesses to a Crime They Didn't Commit?

From Brandon L. Garrett writing in Slate:

In my new book, Convicting the Innocent, I conducted the first empirical study of the first 250 wrongful convictions brought to light by DNA tests in the United States. First, I located the original criminal trial materials from almost all of those innocent people's cases. I then reviewed those remarkable cases. My goal in revisiting those trials was to try to understand how the criminal justice system could make such fundamental errors. These 250 cases shed light on how not just death penalty cases (17 of the 250 were capital cases), but everyday criminal cases rely on unsound evidence and faulty investigative procedures. It's easy to blame innocent convictions on occasional human error. The high court suggested as much in its ruling in Osborne v. District Attorney's Office, denying an inmate's request for post-conviction DNA testing and saying that our criminal justice system, "like any human endeavor, cannot be perfect." But just because a system is a human one doesn't mean that we should casually assume that things must go wrong. My research shows systemic failures that can be prevented by using improved criminal procedures, subject of a multimedia website, a joint project with the Innocence Project, titled "Getting it Right,"to be launched soon, and with a segment on eyewitness misidentifications which has just been launched.