Wrongful conviction is a challenge that plagues the justice system. Not everyone who is in jail today is guilty of the crime they are convicted of. By studying the cases of individuals who have been exonerated we have been able to identify the main factors that contributed to their wrongful convictions. So, in this guide, we will be talking about some of the common causes of wrongful conviction today.
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Suppressed Evidence
One of the common mistakes many people accused of a crime make is not putting enough effort when choosing a wrongful conviction lawyer to represent them. When your lawyer is not aggressive, chances are high that evidence will get suppressed in court. Sometimes, the evidence can get suppressed by the prosecutor, law enforcement, or district attorney to get a guilty verdict. Despite their obligation to present evidence to the defence, they may choose to hold onto it. And holding onto that exonerating evidence can mean someone spending years behind bars for a crime they didn’t commit.
Perjury
Some individuals may intentionally swear a false oath or falsify a testimony against someone else.This act is referred to as perjury and it has a serious legal implication. Falsifying testimony has led to the wrongful conviction of numerous non-guilty people. This usually happens when the prosecutor connives with someone to forswear in order to secure a conviction.
Eyewitness Misidentification
In a court hearing, eyewitnesses can have a strong impact on the verdict. However, not all eyewitnesses are reliable. Eyewitness misidentification is quite common, and sadly a common factor for wrongful conviction. According to social science research, the human memory is fragile and imperfect. When you find yourself under a duress circumstance, it may sometimes become complex to establish an ideal recognition.
Problem with DNA Evidence
DNA testing has become a vital part of forensic analysis in several criminal cases like rape and murder. While DNA tests are accurate, it doesn’t mean they should always have the final say. There are cases where the DNA testing may be unreliable such as mistakes from the lab, tampering with evidence, or even drawing samples from the wrong person. If all the steps of evidence collection and processing are closely scrutinised, then DNA evidence is fool-proof.
Coerced Confession
It might seem unfathomable that an innocent person would confess to a crime they did not commit. But it happens especially when the individual is coerced. Interrogation such as prolonged questions, sleep deprivation, or psychological manipulation can cause a person to falsely confess out of fear, desire to end the ordeal, or even confession. Individuals with mental health issues are more vulnerable to giving false confessions.
Fabricated or Planted Evidence
There are some cases where individuals get in trouble with planted incriminating evidence at the crime scene to justify an arrest and ultimately a conviction. Planting or fabricating evidence against someone is a serious offence in the eyes of the law. Unless an attorney can prove the evidence was fabricated or planted, the court will have no option but to convict the affected party.
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