Wrongful Convictions Research Articles

Examining the differential effects of information about the death penalty on retributivists and non-retributivists in Japan: a refutation of Marshall's third hypothesis.

This study aimed to test Marshall's third hypothesis-that information about the death penalty hardly affects the attitude of death penalty supporters on retribution grounds-utilizing a non-American sample. Four pre-registered experiments were conducted, involving Japanese participants randomly selected from sample pools of retributivists and non-retributivists, based on their reasons for supporting the death penalty. One group received information exposure, while the other was under control conditions. Participants read about deterrence (Study 1) or false convictions (Study 2-4). Except for the results of Study 4, retributivists and non-retributivists were equally affected or unaffected by information. Marshall's third hypothesis is therefore not supported. Retributivists strongly favored the death penalty; higher empathy toward criminals was associated with less pro-death penalty attitudes. Additionally, there were differences in the influence of information. These results suggest the need for a new approach to researching the relationship between public attitudes and information on the death penalty.

The Post Office Scandal in the United Kingdom: Mental health and social experiences of wrongly convicted and wrongly accused individuals

AbstractBackgroundWrongful criminal conviction can significantly impair the mental health of exonerees. However, much less is known about wrongful accusation: the impact of wrongful legal allegations or investigations—absent conviction—on mental health outcomes.MethodTo address this gap, we surveyed 101 victims of the Post Office Scandal in the United Kingdom who were wrongly accused, convicted and/or investigated for financial ‘losses’ that were actually caused by software errors.ResultsMost respondents reported clinically significant post‐traumatic stress (67%) and depressive (60%) symptoms—irrespective of the outcome of their case. These results suggest that both wrongful accusation and wrongful conviction can significantly impair mental health.ConclusionOur findings have important implications for victims of the Post Office Scandal and highlight the unique needs of people impacted by flawed convictions and flawed legal accusations. Our findings underscore the need to provide exonerees with holistic postrelease support and demonstrate that this support should also be extended to victims of wrongful accusation.

Efficiency Over Accuracy?: Exploring Front-Line Practitioners’ Experiences and Opinions on the “Guilty Plea System”

While most criminal cases are resolved by a guilty plea, little empirical research has examined guilty plea wrongful convictions. This study explored this issue through semistructured interviews with 27 legal professionals in Queensland, Australia ( n = 16 defense lawyers; n = 7 prosecutors; n = 4 magistrates). Driven by a systems and organizational perspective, we conducted a thematic analysis exploring the structural and organizational features that may systematically contribute to erroneous guilty plea convictions. We found an overarching emphasis on efficiency and pressure to quickly resolve cases, coupled with practical constraints impeding legal professionals from ensuring guilty pleas are appropriate and accurate. There was also a general acceptance of false guilty pleas through the justification of “choice,” legitimized by the authoritative precedent set by Meissner v R (1995). The findings indicate the routine nature of erroneous guilty plea convictions and raise important implications regarding the current validity of a guilty plea, as they do not always reflect actual guilt.

Accuracy and Preferences for Legal Error

Abstract Legal procedures used to determine liability trade-off type-1 errors (e.g., false convictions) against type-2 errors (e.g., false acquittals). After noting that people’s relative preferences for type-1 errors (compared to type-2 errors) appear to be negatively correlated with technological advancements, we study how the accuracy of evidence collection methods may affect the trade-off between these two errors. Counter-intuitively, we find that under some conditions, greater accuracy may result in a higher probability of type-1 error (or type-2 error) maximizing deterrence. Then, assuming both errors are decreasing in accuracy, we characterize the type-1 error that emerges under electoral pressures (when the median voter’s preferences are implemented): convictions occur more often than is socially optimal but less often than is necessary to maximize deterrence. Moreover, as the harm from crime increases, the median voter becomes less tolerant of type-1 errors as the legal system’s accuracy increases. We also show that, because the median voter is less averse toward type-1 errors than the average citizen, an increase in accuracy may reduce welfare.

Beliefs and therapeutic practices related to traumatic memories among Italian cognitive behavioral therapists and trainees

PurposeThe purpose of this study was to investigate cognitive behavior therapists and trainees’s beliefs about various aspects of traumatic memory and to investigate cognitive behavior therapists’ practices in relation to alleged traumatic experiences and whether they are linked with their beliefs about various aspects of traumatic memory.Design/methodology/approachIn the current study, the authors surveyed, by a questionnaire (in Italian), certified Italian cognitive behavioral (CB) therapists and trainees with respect to their beliefs in traumatic memories and whether they discussed about the possibility of repressed memory with their patients.FindingsThe majority of participants held strong beliefs about many controversial aspects related to traumatic memory, such as the mind being able to block out of consciousness memories of traumatic experiences. Also, more than half of CB therapists stated that they sometimes discussed about the importance of traumatic events in the genesis of their patient’s disorder and half of them sometimes talked with patients about memories for traumatic events of which they may be unaware. Such practices could lead to false memories of abuseOriginality/valueOne particularly novel finding relates to the evidence that therapists reported that they had discussed with patients the importance of traumatic events in the genesis of their illness and frequently noted that they talked about the possibility of repressed memories with them. In turn, patients may be induced to recall traumatic experiences from their lives, thereby producing false memories which may tear families apart and could even lead to wrongful convictions.

The Prosecutor’s Power to Correct and Prevent Unjust Convictions

Abstract Over the past three decades, it has become increasingly clear that the United States’ protections for criminal defendants are insufficient to prevent unjust convictions. The increased availability of DNA testing and surge in exonerations have cast a bright light on the prevalence of wrongful convictions and the systemic factors that drive these errors. Yet, despite increased awareness of these concerns, wrongfully convicted individuals still face tremendous barriers to justice. In order to address these challenges, a growing number of prosecutors have established Conviction Integrity Units (CIUs)<fnote>We use the term CIU to refer broadly to a unit within a prosecutor’s office dedicated to reviewing wrongful conviction claims, although the official terms used to refer to these units vary by office. For example, these units are sometimes called Conviction Review Units, which can be used interchangeably with CIUs, or Post-Conviction Justice Units, which, as we explain in Section 5, perform the functions of a CIU but include a broader focus.</fnote> dedicated to reviewing wrongful conviction claims. This work has, over time, informed some prosecutors’ efforts to prevent future wrongful convictions by developing a »just culture« based on shared accountability and continuous improvement. As the movement to address wrongful convictions continues to expand, some prosecutors are beginning to advocate for broader reforms and a holistic vision of post-conviction justice.

Wrongful Convictions and Post-Conviction Review: Barriers to Access-to-Justice in the Nordic Countries

Abstract All the Nordic countries offer individuals who claim to have been wrongfully convicted the possibility to apply for post-conviction review. The research on wrongful convictions has however often discussed the risk that those cases that are identified, i.e., those cases of post-conviction review that lead to exoneration, are not representative of wrongful convictions as a whole. Moving from this background, this article provides an overview and comparison of the systems of post-conviction review in the Nordic countries, and problematises this description from an access-to-justice perspective with the aim of examining the obstacles wrongful conviction claimants may face when they attempt to pursue this review remedy. On the basis of the parameters used in this article to study accessibility of the review systems, Finland is emerging as the country with the least accessible system, whereas the Norwegian system is the most accessible, followed by that of Iceland. It is not entirely evident how Sweden and Denmark should be ranked in relation to one another however. The results are discussed from a transparency point of view, since detailed information that allows for an analysis of practice appears to be lacking in at least three of the Nordic countries.

Review of wrongful convictions following police misconduct: A study of the English Criminal Cases Review Commission

Abstract The Criminal Cases Review Commission (CCRC) reviews possible wrongful convictions in England, Wales, and Northern Ireland, referring back to the Court of Appeal cases where there is a ›real possibility‹ that the conviction is unsafe. This article presents findings from a four-year empirical study of decision-making within the CCRC. It explores how Commission staff exercise discretionary powers in identifying and investigating possible wrongful convictions, referring just a few back to the Court.<fnote> Since its inception in April 1997, the CCRC has received almost 29,000 applications and referred 797 back to the Court of Appeal. Of these referrals, the Court has quashed the conviction in 542 cases. In 2019-20, the CCRC received 1,334 applications, and in 2020-21, 1,142.</fnote> It focuses on a sample of cases that turned on police misconduct in pursuit of a socio-legal contribution to our understanding of the response of the state to claims of wrongful conviction. It demonstrates that caseworkers’ approaches to investigation and decision-making is shaped by the law and internal policies such that reasonably consistent decision frames emerge.

Wrongful Convictions in Summary Proceedings: a Comparison of Penal Orders in France, Germany and Switzerland

Abstract Summary proceedings and especially penal orders have become increasingly relevant in criminal justice systems across Europe. The prosecution holds significant power and convictions cannot guarantee that defendants understand their judgment. This contribution compares laws and empirical data on penal orders in France, Germany and Switzerland, with a focus on the role of the prosecution and the rights of the defence. I argue that while penal orders offer an efficient way of processing minor crimes, they also pose a high risk of erroneous sanctions and wrongful convictions. The contribution concludes that in order to protect the rights of the defence, the balance of power between the prosecution and the defendant needs to be improved by granting a hearing before a judgment is rendered, and by translating the penal order and delivering it in judicial appointments. The findings provide valuable insights into the need for continued reform in the area of summary proceedings.

Normative developmental vs. reverse developmental trends in memory distortion: a framework to investigate the impact of internal and external influences on memory and their relevance to legal decisions.

There are two opposing positions regarding the development of memory: the normative developmental position, and the reverse developmental position. The normative position, which has long been the default presupposition, supports the notion that susceptibility to memory distortion, including false memories, decreases with age. In contrast, the concept of "developmental reversals" supports the notion that susceptibility to memory distortion and false memories increases with age. Each perspective finds support from existing theories as well as from research on endogenous and exogenous sources of influence. In a legal context, having an accurate understanding of the developmental course of false memory can contribute on the one hand to mitigating wrongful convictions and, on the other hand, to appreciating the accuracy of children's statements when warranted. This review aims to integrate the existing literature regarding these seemingly opposite developmental courses and construct a framework outlining the conditions under which we may observe one age trend over the other. This entails an examination of the paradigms that have been invoked to support these competing positions, specifically developmental responses to internal vs. external sources of distortion.

Opposite sides of the same coin: syndrome evidence, child abuse and the wrongful conviction of Peter Hugh McGregor Ellis

Introduction of evidence relating to the now-discredited behavioural-science syndrome known as ‘child sexual abuse accommodation syndrome’ in R v Ellis demonstrates the danger of syndrome reasoning in judicial fact finding. Comparable syndrome evidence is still used in the Family Court in the form of ‘parental alienation syndrome’. Ellis should sound the death knell for all forensic applications of unreliable syndrome reasoning in the courts.

Rectify: The Power of Restorative Justice After Wrongful Conviction by Lara Bazelon Boston: Beacon Press (2018) 237 pp.

Rectify: The Power of Restorative Justice After Wrongful Conviction by Lara Bazelon Boston: Beacon Press (2018) 237 pp.

Infinite Hope: How Wrongful Conviction, Solitary Confinement, and 12 Years on Death Row Failed to Kill My Soul by Anthony Graves Boston: Beacon Press (2018) 224 pp.

Infinite Hope: How Wrongful Conviction, Solitary Confinement, and 12 Years on Death Row Failed to Kill My Soul by Anthony Graves Boston: Beacon Press (2018) 224 pp.

The Lost Art of the Plea Inquiry: Learning From the Past to Prevent Wrongful Convictions in the Future

A guilty plea wrongful conviction occurs when an innocent person pleads guilty to a crime that they did not commit. Canada’s main procedural protection against guilty plea wrongful convictions is an inquiry, codified in sections 606(1.1) and (1.2) of the Criminal Code, that courts must conduct before accepting a plea from the accused. This plea inquiry requires that a court be satisfied of three conditions before accepting a guilty plea from an accused: (1) that the plea is voluntary, (2) that the plea is informed, and (3) that the facts support the charge. The goal of this article is to show that sections 606(1.1) and (1.2) offer insufficient protection against false guilty pleas and can be improved by learning from the early common law courts’ approach to plea inquiries. This article argues that when sections 606(1.1) and(1.2) were enacted in 2002, guilty plea wrongful convictions were poorly understood and, as a result, Parliament crystalized a plea inquiry that systematically fails to account for many recently recognized causes of false guilty pleas. However, this article suggests that sections 606(1.1) and (1.2) can be improvedby looking to the early common law, when courts were skeptical of guilty pleas and the risk of wrongful conviction. In particular, this article recommends three ways that sections 606(1.1) and (1.2) can be improved: (1) to conduct a full plea inquiry in every case, (2) to individualize the inquiry to the accused by considering their circumstances and motive for pleading guilty, and (3) to foster a skeptical attitude towards guilty pleas amongst the judiciary. This article further argues that these lessons can, at least in part, be implemented by challenging the constitutionality of sections606(1.1) and (1.2) under section 7 of the Charter.

Wrongful convictions with Chinese characteristics

AbstractThis study examines the impact of an imbalanced judiciary on the generation and rectification of wrongful convictions in China. Specifically, we investigate the influence of the Political and Legal Affairs Commissions (PLACs), which are tasked by the Communist Party with controlling judicial authorities. By analyzing 335 cases of wrongful convictions between 1990 and 2010, we have identified a significant relationship between the appointment of PLAC secretaries as chiefs of police and an increase in wrongful convictions. This arrangement disrupts the checks within the judicial system, leading to the prosecution of an additional 251 individuals each year in a given province. Our research reveals that in 81% of the cases examined, the correction of a wrongful conviction occurred after the secretary of the provincial PLAC, who held oversight over the court responsible for the conviction, had left office. Furthermore, even after the responsible PLAC secretaries had been replaced, if the successors were previously their subordinates, the likelihood of reversing wrongful convictions remained low. Our findings provide persuasive evidence in favour of judicial independence.

Lessons from the American Innocence Projects

This review essay examines recent trends in American wrongful conviction scholarship. Despite calls for a ‘criminology’ of wrongful conviction, narrative about actual cases remains important. The two books reviewed explore the ambiguities and challenges of innocence work by examining cases where the authors represented wrongfully convicted persons without DNA evidence. The books both critique restrictions on post-conviction relief in the American Federal Courts. These restrictions are assessed as examples of American ‘extra-legalism’ where a very complex legal system frequently produces unjust results and fails to provide redress and accountability for injustice. The role of equality and non-discrimination norms in wrongful convictions discourse are also assessed. Valena Beety’s call for a substantive and social justice approach focused on ‘manifest justice’ and fundamental reforms to the American criminal justice system is compared to Daniel Medwed’s more narrow focus on factual innocence. It is argued that Beety’s more ambitious approach is normatively superior and more easily applied outside the distinct context of American mass imprisonment and extra-legalism.

Wrongful Conviction Rates and Death Penalty Support: Acceptability Hypothesis in Japan

This study tested the hypothesis that presenting people with information about wrongful convictions that are considered an unacceptable cost of administering justice lowers support for the death penalty. We recruited 815 participants using an online crowdsourcing service in Japan, randomly assigned them to eight groups with varying combinations of presence or absence of information emphasizing losses caused by wrongful convictions and asked them to answer questions on the death penalty. Results of the preregistration experiment showed no effect of loss emphasis, but the groups provided with information on wrongful conviction rates were less likely to support the death penalty than those with no information; the higher the wrongful conviction rate, the lower was the support. This study’s findings, which replicated a previous study’s findings with non-U.S. participants, support the acceptability hypothesis and confirm the institutional and cultural universality of the effect of wrongful conviction information on public attitude toward capital punishment.

Oropharyngeal microbiome composition as a possible diagnostic marker for true psychosis in a forensic psychiatric setting: A narrative literature review and an opinion

The malingered psychosis has increasingly occurred over the past few years due to the tendency towards care in the community and the closures of long-stay psychiatric institutions. Thus, it is required to identify malingered psychosis to reach accurate forensic assessments and inhibit misuse of restricted healthcare resources and miscarriages of justice. Despite the fact that some practical psychometric tools and strategies have been proposed for diagnosing true psychosis over the past decades, the differentiation between true psychosis and malingered psychosis is still sometimes challenging. Accordingly, it seems crucial to identify innovative and reliable diagnostic alternatives. Hence, the present article summarizes a collection of evidence that can be used by researchers to improve future assessment of oropharyngeal microbiome composition as a feasible diagnostic marker for true psychosis in a forensic psychiatric setting.

Legal Framework on Compensation for Wrongful Conviction in Pakistan: A Comparative Analysis with Washington and England Laws

Wrongful convictions are a pervasive problem in Pakistan's criminal justice system, leaving victims without adequate redress for the injustices they have suffered which inevitably undermines the credibility of the country's criminal justice system. The objectives of the study at hand were to identify the key features of compensation frameworks, their effectiveness to redress the harms of wrongfully convicted persons and to recommend some appropriate legislative designs in the context of the criminal justice system in Pakistan. The qualitative research methodology was adopted and a comparative analysis of compensatory statutes of the US and UK has been taken into consideration. This study not only contributes to the literature on wrongful convictions and compensation but is also momentous for policymakers and legal practitioners, other stakeholders in Pakistan and other jurisdictions grappling with this issue. This study concludes streamlined monetary compensation, counseling and support services to redress the harms that are caused to innocent persons due to wrongful convictions. Additionally, the compensation process for wrongful convictions should be easily accessible, timely, and non-adversarial.

Canada Has a Guilty Plea Wrongful Conviction Problem

The Canadian Registry of Wrongful Convictions www.wrongfulconviction.ca .like similar registries in the United States and the United Kingdom, was designed to facilitate research on patterns and trends in wrongful convictions. As of its launch in February 2023, 15 of 83 remedied wrongful convictions or 17% were the result of guilty pleas by the accused. This is a similar percentage as found in a UK registry and lower than the 27% of guilty plea wrongful convictions found in the US registry. Forty percent of the guilty plea wrongful convictions were entered by women. Most of these involved the flawed expert testimony of Charles Smith about the cause of baby deaths and the majority of all remedied guilty plea wrongful convictions were for imagined crimes that did not happen. Almost half (7 of 15) of Canada’s false guilty pleas were taken from racialized people including three Indigenous men, one Black and Indigenous man, another Black man and a Brown man who had recently immigrated from India. Two of the fifteen false guilty pleas were taken from accused persons who had diagnosed mental health and cognitive challenges. With the exclusion of one false guilty plea to a mandatory sentence of life imprisonment and ineligibility for parole for 10 years, the average sentence in the remaining 14 cases was 10 months with evidence of “lop-sided” pleas especially in the cases involving Charles Smith and 2 of the 14 received sentences of time already served.