Abstract
This study provides an exploratory quantitative examination of wrongful criminal conviction. Certain legal factors and perhaps some non-legal factors are related to wrongful conviction. Using data pertaining to all known exonerations in the United States from 1989 to 2012, we explore the extent to which deoxyribonucleic acid (DNA) testing and/or race of a convicted innocent are related to that person’s exoneration. Controlling for race, the availability of DNA testing increases the likelihood of exoneration for murder or sexual assault. We also find that race is a significant factor in the wrongful conviction and exoneration of Blacks for murder or sexual assault. This finding regarding race warrants further research. The role of DNA in exonerating the innocent is critical to public policy proposals aimed at reducing wrongful conviction. Understanding how DNA may prevent and correct wrongful conviction is crucial because conviction of factually innocent defendants represents the ultimate failure of justice.
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