How do innocent people get sentenced to death?
How do innocent people get sentenced to death?
False or mistaken eyewitness testimony: People’s ability to remember what they’ve seen is far shakier than commonly believed. Leading police questions, stress, or seeing a weapon can all increase the likelihood that a witness will make a mistake. Incorrect eyewitness identification may play as big a role in wrongful convictions as all other errors combined.1
Incorrect or fraudulent science: Forensic science is only as accurate as the human beings conducting the tests. Crime lab scandals in Oklahoma, Texas, Washington, and Maryland have revealed that forensic evidence can be misread, compromised, or even tainted. Yet scientific testimony carries significant weight with jurors. In one case, Oklahoma agents found that a police chemist testified to evidence that never even existed. The defendant, Malcolm Rent Johnson, was executed in January 2000.
False confessions: It’s hard to imagine that an innocent person would confess to something they didn’t do, but it happens more often than you'd expect. In many cases, jurors believe these false confessions even if the physical evidence says otherwise.2 Innocent people may confess to avoid a harsher punishment or if they are under duress. People with mental retardation may confess to please authorities.
Withheld evidence: Sometimes evidence is dismissed or withheld even though it would have ruled out the primary suspect. Derrick Jamison was sentenced to die in Ohio in 1985 for the murder of a Cincinnati bartender. Prosecutors hid eyewitness descriptions that didn’t match his appearance, an eyewitness who initially identified two other suspects, and statements that contradicted the story told by Jamison’s co-defendant. Jamison spent 20 years on death row before he was cleared in 2005.
Other risks include the use of jailhouse snitch testimony, where a prisoner may receive reduced sentences or special favors for testifying against a defendant. Racial bias may predispose a jury to convict a minority defendant, even without solid evidence. Cross-racial eyewitness identification is also much less reliable than eyewitness identification from within the same race or ethnicity. Court limitations often prevent information that would prove innocence from being heard in court.
- 1. Barry Scheck, Peter Neufeld, Jim Dwyer, Actual Innocence: When justice Goes Wrong and How to Make it Right, Signet, 2001.
- 2. Indeed, 73% of juries will vote to convict when a suspect has “confessed,” even when their statement is contradicted by physical evidence or has been recanted. Actual Innocence.
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