Wrongful Convictions Research Articles

The Crime of Accepting Bribes in the Hong Duc Code and Their Significance as a Model for Contemporary Criminal Law in Vietnam

The Hong Duc Code, promulgated during the reign of King Le Thanh Tong, is regarded as a progressive and comprehensive legal code within the context of feudal Vietnam. It reflects the principles of the rule of law and demonstrates a deep commitment to humanity. The Hong Duc Code contains detailed provisions covering various forms of bribery, including accepting money or gifts, exploiting positions for personal gain, harassing individuals, making wrongful convictions, concealing crimes, and weakening the military. The law applies to incumbent officials, relatives, and other connected individuals. Penalties are clearly outlined and vary depending on the nature and severity of the offense, ranging from fines and demotion to exile and the death penalty. Although resembling a feudal society, the Hong Duc Code remains relevant in Vietnamese criminal law, particularly in corruption prevention and control, especially the clauses on bribery. The article is dedicated to analyzing the crime of bribery in the Hong Duc code, to provide valuable insights for the current Vietnamese criminal law system. The article highlights three main points: (1) The legal form is clear, easy to understand, and easy to apply; (2) Treating bribery as a separate crime rather than just an aggravating circumstance as in current law; (3) Providing rewards to those who report bribery. As a result, the article aims to improve the law, enhance the effectiveness of anti-corruption efforts, and contribute to establishing a fair and civilized society.

Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required

ABSTRACT This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (N = 717). Delayed allegations of child sexual and physical abuse are prevalent in Western legal systems and often rely upon uncorroborated memory testimony to prove guilt. U.K. legal professionals and jurors typically assess the reliability of such memory recall via common sense, yet decades of scientific research show common sense beliefs often conflict with science. Recent international surveys show controversial notions of repression and accurate memory recovery remain strongly endorsed. In historical cases, these notions may lead to wrongful convictions. The current study surveyed the U.K. public, lawyers, and mental health professionals’ beliefs about repression, dissociative amnesia and false memories. Study findings give unique data on judges’ and barristers’ beliefs. Overall, the study findings reinforce international scientists’ concerns of a science – knowledge-gap. Repression was strongly endorsed by lay, legal and clinical participants (> 78%) as was dissociative amnesia (> 87%). Moreover, suboptimal professional legal education and juror guidance may increase misunderstanding. Correcting beliefs about memory function, and extending the contribution of memory science in the courtroom remains an important quest for cognitive scientists.

Stigma or Support? How Gender, Race, and Intersectionality Impact Perceptions of Exonerees

Little research has examined the gendered nature of wrongful convictions and how the intersectionality of gender and race impacts perceptions of exonerees and support for reintegration services. With two vignette experiments, we assess laypeople’s perceptions of female or male, Black or White exonerees (Study 1 and 2) who were wrongfully convicted due to official misconduct or a false confession (Study 2) in varying child-victim cases. When wrongfully convicted of a violent homicide (Study 1), White female exonerees were viewed less favorably than Black females and White males were viewed least favorably. However, in a no-crime Shaken Baby Syndrome case (Study 2), false confessors were viewed least favorably, but gender and race did not impact perceptions. We provide potential explanations for these findings and implications for exonerees’ reintegration experiences.

Book Review: The politics of innocence: How wrongful convictions shape public opinion by Norris, R. J., Hicks, W. D., & Mullinix, K. J.

Book Review: <i>The politics of innocence: How wrongful convictions shape public opinion</i> by Norris, R. J., Hicks, W. D., &amp; Mullinix, K. J.

Book Review: Compensation for Wrongful Convictions: A Comparative Perspective by Jasinski, W., &amp; Kremens, K.

Book Review: <i>Compensation for Wrongful Convictions: A Comparative Perspective</i> by Jasinski, W., &amp; Kremens, K.

Os vícios de motivação como causa do erro judiciário: um primeiro esboço

The purpose of this article is to examine the defects of the statement of reasons and its influence as a source of miscarriage of justice in contemporary criminal proceedings. To achieve this, in addition to identifying the main manifestations and typologies of these defects, it seeks to clarify how and in what way various inconsistencies in the fulfillment of the duty to state the reasons contribute to reinforce the judicial error and, consequently, to issue wrongful convictions to the detriment of innocent people. In this way, in the interest of answering questions such as what are the defects of the state reasons for judgments? what are its most characteristic features? and how do they materialize in the configuration of judicial error? the article concludes by proposing a series of criteria that could contribute to controlling the risk of error in this context.

Knowledge on the Influence of Different Types of Variables on Eyewitness Testimony: A Survey of University Students and Other Individuals from the Working-Age Population

Over the years, mistaken eyewitnesses contributed to an alarming percentage of wrongful convictions.

A Critical Analysis of Falsification as Fraud

This paper critically evaluates the classification of research-related fraudulent activities, with an emphasis on the specific misconduct falsification. The analysis begins by interrogating the assumption that all acts of fraud in research are intentional, suggesting that some instances may inadvertently arise during the course of scholarly activities. Misconducts like fabrication and falsification are categorized as fraudulent primarily due to their generation during research activities and their direct contribution to the distortion of scientific knowledge. Plagiarism, while deceptive, does not necessarily originate from the research process nor lead directly to such distortion, and therefore is not classified as de facto fraud. The paper proposes that the definition of falsification – as established by the PHS – requires refinement to prevent wrongful allegations and convictions, enhance transparency, and offer clearer guidelines. This nuanced understanding is vital for safeguarding the credibility of the research process and protecting scientists from unfounded career-damaging accusations. Ultimately, this paper advocates for a clearer definition of falsification to protect the integrity of scientific research and prevent the miscarriage of justice.

Wrongful Convictions Without Punishment Trought Judicial Pardon Perspective Fiqh Islamic Criminal Law

Wrongful Convictions Without Punishment Trought Judicial Pardon Perspective Fiqh Islamic Criminal Law

MISJUDICIAL MISUNDERSTANDING: State Reparation and Criminal Review

Miscarriage of justice is a factor present in the judicial system, affecting the lives of countless people, who suffer directly from their conviction or indirectly from its repercussions. This paper aims to present a study on miscarriage of justice, especially focusing on errors resulting from criminal proceedings, seeking to demonstrate the State's responsibility to make reparations for errors in the provision of criminal jurisdiction. Using an interdisciplinary study of various areas of law and specific cases, the paper seeks to delve deeper into the reasons that may be decisive in the erroneous outcome of the process. The paper is based on data research that allows for a deeper understanding of the problem, as well as on the analysis of the historical case of the Naves brothers and other cases of error. It also presents the Innocence Project program , from the USA and now in Brazil, whose role is to investigate and file review actions in cases where there was an error in the judgment of the criminal action. This research also delves deeper into the autonomous action of criminal review, which presents itself as one of the tools to repair the error and provide due compensation. The use of mechanisms such as adversarial proceedings are ways of reducing errors in actions; furthermore, the possibility of the procedural and constitutional system providing for reparation and compensation is a positive factor, and its application should be favorable to the detriment of res judicata.

Time lost as a result of wrongful conviction: the impact of race and official misconduct across offense categories

Wrongful convictions represent a significant form of injustice. Prior studies have described the impact of suspect and case characteristics on the likelihood of wrongful conviction. Less is known about the relative influence of these factors, particularly suspect race and official misconduct, on time lost following wrongful conviction, or the extent to which these relationships vary by conviction type. The current study addresses these questions through application of negative binomial regression and Clogg tests to cases of wrongful conviction for murder, sexual assault, child sexual abuse, and drug possession listed in the National Registry of Exonerations (n = 2349). Our findings indicate the relative influence of suspect race and official misconduct on time lost varies by type of conviction.

The psychological impact of wrongful convictions: Exploring retrospective trajectories of distress in exonerees.

Although an emerging body of research has examined the legal causes of wrongful convictions, there is little research that examines the psychological impact of wrongful convictions. This study aims to understand the psychological experiences of exonerees, with a focus on the role of meaning-making in individuals' reactions to trauma. The study also aims to examine exonerees' self-reported trajectories of distress throughout their experience of being wrongfully convicted and subsequently exonerated. A total of 46 exonerees completed an online survey. Measures included: Patient Health Questionnaire-9, Generalized Anxiety Disorder-7, PTSD Checklist for DSM-5, Posttraumatic Growth Inventory, World Assumptions Questionnaire, Meaning in Life Questionnaire, Satisfaction with Life Scale, and a self-reported retrospective trajectory measure. Cluster analysis suggested a four-factor solution: Chronic Distress, Relief and Readjustment, Recovery, and Intense Distress with Minimal Recovery. The Recovery cluster (n = 17; 37.0%) had significantly lower levels of PTSD and anxiety symptoms than the other three groups. The Recovery cluster had higher levels of positive world assumptions and lower levels of searching for meaning than the other three clusters, but there were no differences among clusters in level of meaning made, presence of meaning, depression symptoms, and satisfaction with life. The results revealed that exonerees with more positive world beliefs (conceptualized as an outcome of meaning-making) have lower rates of PTSD and anxiety. Consistent with the literature, results also suggest that the search for meaning may be indicative of increased distress and less recovery. Clinical and policy implications are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Assessing the Legal Framework and Socioeconomic Impacts of Compensation for Wrongfully Convicted and Imprisoned Persons in Bangladesh: Challenges and Policy Recommendations

This study delves into the social consequences of convictions in Bangladesh, underscoring the pressing call for thorough legislative and policy changes. It critically assesses the structure and its shortcomings in offering just compensation to those wrongfully convicted, as exemplified by prominent cases like Jahalam, Abdul Jalil, Javed Ali and Sheikh Zahid. Through a research methodology involving literature reviews, case studies, interviews and surveys, the study sheds light on the psychological and financial burdens exonerees and their loved ones face. Comparative analyses of compensation mechanisms in countries like the United States, United Kingdom, Canada, and Australia reveal best practices and underscore the gaps in Bangladesh's current system. Recommendations include enacting specific compensation legislation, establishing a dedicated compensation fund, enhancing procedural safeguards, and offering comprehensive post-exoneration support. By implementing these measures, Bangladesh can better align with international human rights standards and uphold the constitutional rights of its citizens. This study aims to contribute to the broader discourse on justice reform, advocating for a structured and humane approach to addressing wrongful convictions. The findings underscore the importance of legal and institutional reforms in ensuring that justice prevails for those wrongfully convicted, ultimately reinforcing the integrity and fairness of Bangladesh's judicial system.

Wrongful Convictions with Prison Sentences in Spain

Researchers worldwide have extensively explored the factors contributing to wrongful convictions and the characteristics of individuals affected by these miscarriages of justice for over a century. Despite these global efforts, limited research has been conducted on this issue in Spain. This study seeks to address this gap. We trained coders to assess available review judgments issued by the Spanish Supreme Court from 1996 to 2022. We identified 89 cases of individuals wrongly sentenced to deprivation of liberty. Our findings indicated that 92% of those wrongfully convicted were male, with the majority having a prior criminal record. Most exonerations involved minor crimes, and 85% of individuals were sentenced to less than 4.5 years of deprivation of liberty. Professional misconduct emerged as the primary contributing factor, followed by the misapplication of forensic science, misidentifications, false testimonies, and false confessions. This project sheds light on wrongful convictions in Spain, emphasizing the need for comprehensive measures to address this issue. The current results have practical implications for justice professionals, policymakers, and legal practitioners. It is crucial to educate professionals in the judicial system on the causes of judicial errors, the biases that may influence them, and best practices to improve processes and reduce the occurrence of wrongful convictions.

Innocence Discovery Lab - Harnessing large language models to surface data buried in wrongful conviction case documents

The recent advent of commercial artificial intelligence (AI), especially in natural language processing (NLP), introduces transformative possibilities for wrongful conviction research. NLP, a pivotal branch of AI that forms the basis for Large Language Models (LLMs), enables computers to interpret human language with a nuanced understanding. This technological advancement is particularly valuable for analyzing the complex language found in case documents associated with wrongful convictions. This paper explores the effectiveness of LLMs in analyzing and extracting data from case documents collected by the Innocence Project New Orleans and the National Registry of Exonerations. The diverse and comprehensive nature of these datasets makes them ideal for assessing the capabilities of LLMs. The findings of this study advance our understanding of how LLMs can be utilized to make wrongful conviction case documents easily accessible by automating the extraction of relevant data.

Wrongful Conviction in Texas: ‘Sex Assaults’, False Guilty Pleas, Stranger Rape with Misidentification, and Drug Offenses

Abstract Citing IP data, Johnson (2021), reported that sexual assault/rape was the most common offense associated with exoneration in the US. Also, stranger rape accounted for 72% of the entire IP database. To further examine the role of sexual assault, the current study examined all exonerations in Texas, the US state with the most sexual assault exonerations. Using NRE data, descriptive analyses, and reclassifying sexual assaults, we find drug offenses are the most common crime type associated with exonerations in Texas but sexual assault/rape accounts for a significant portion of Texas exonerations. Contrary to a common assumption, we also find that exculpatory DNA does not explain the substantial proportion of sexual assaults among exonerations. We also examine the role of stranger rape misidentification, youthful complainant recantations (perjury/false allegations) and false guilty pleas in the NRE Texas database. Finally, we discuss other patterns within the Texas exonerations and policy implications. Keywords: Rape, Exoneration, Misidentification, Pleas

Miscarriage of justice and expert evidence on the credibility of children's testimony: Some issues regarding its use in Chile and Spain

The purpose of this article is to examine the expert evidence on the credibility of children's testimony and the potential risks it poses as a source of error in the criminal justice system. To achieve this, under the regulatory prism of Chile and Spain, we will identify the main techniques and procedures commonly used in this type of evidence and we will explain how their high margin of error does not align with the requirements of the presumption of innocence and reasonable doubt. Therefore, due to its questionable status as regards reliability and acceptability, we will conclude that this evidence should only be used as peripheral corroborative support of testimony in qualified cases, aiming to minimise its potential negative impact on the wrongful conviction of innocent individuals.

Punishing the Innocent: An Insight into Wrongly Convicted Individuals

Wrongful convictions have increasingly plagued the Indian criminal justice system. Instances of innocent individuals being wrongfully prosecuted suggest that some states witness convictions at trial stages, only for the accused to be acquitted upon appeal. However, there is no established system for identifying or tracking individuals wrongfully convicted, as state officials do not maintain records of acquittals or discharges. This lack of oversight perpetuates erroneous miscarriages of justice, resulting in innocent individuals not only losing their rights but also facing social alienation. This study examines the phenomenon of wrongful convictions in India, exploring its causes, consequences, and potential solutions. Drawing upon legal analysis and case laws, this study identifies various factors contributing to wrongful convictions, including flawed investigation procedures, police misconduct, inadequate legal representation, and systemic issues within the criminal justice system. Furthermore, it highlights the social, psychological, and economic tolls experienced by wrongfully convicted individuals and their families. The study also discusses the challenges faced in rectifying wrongful convictions and proposes a range of reforms aimed at preventing future injustices, such as improving investigation techniques, enhancing legal aid services, strengthening judicial oversight, and promoting public awareness and advocacy. By addressing the root causes of wrongful convictions and implementing systemic reforms, India can strive towards a more equitable and just legal system that upholds the rights and dignity of all individuals. In addition the purpose of this study to find out what approaches the state utilizes to resolve this issue of wrongful conviction and also aims to emphasize what are the remedies already available under existing laws and also to underline the need of standard legal framework for looking compensations to victims of wrongful convictions.

Recommendations for Improving the Use of Direct-To-Consumer Genetic Testing Databases in Law Enforcement Investigations

Prisoners are some of the most vulnerable populations in our society today, often relinquishing to the state everything from medical autonomy to family support. In a system where wrongful convictions are not unheard of, it is critical that we preserve the civil rights of investigative subjects wherever possible. Law enforcement agencies in the United States have increasingly begun using direct-to-consumer recreational genetic databases as a tool to enable forensic investigations. These commercial genetic testing companies analyze polymorphisms in DNA to isolate genealogical information, medical data, and other traits. Traditionally, law enforcement has been restricted to the use of matching repeating sequences in non-coding sections of DNA. However, through services like GEDMatch, law enforcement has gained access to single nucleotide polymorphism (SNP) markers from upwards of 25 million consumers throughout the world. This rapidly developing technology must be regulated to ensure that consumers, as well as blood relatives of consumers, are not unfairly targeted by investigations. With studies indicating that DNA is typically reported as the single most important piece of evidence to jurors, it is in the best interests of policymakers to ensure that the DNA data is both accurate and used fairly. First, we will provide a background of the technology and regulation of direct-to-consumer (DTC) genetic testing databases in law enforcement. Second, we propose a mechanism by which states might legislate the appropriate use of these databases by law enforcement by limiting access and enforcing a double-blind system. This paper lays out the background and policy proposal for a requirement of direct-to-consumer genetic testing companies to communicate the possibility and type of information shared with law enforcement, and a framework by which policymakers can ensure unbiased and minimally intrusive use by law enforcement.

People Endorse Harsher Policies in Principle Than in Practice: Asymmetric Beliefs About Which Errors to Prevent Versus Fix

Countless policies are crafted with the intention of punishing all who do wrong or rewarding only those who do right. However, this requires accommodating certain mistakes: some who do not deserve to be punished might be, and some who deserve to be rewarded might not be. Six preregistered experiments (N = 3,484 U.S. adults) reveal that people are more willing to accept this trade-off in principle, before errors occur, than in practice, after errors occur. The result is an asymmetry such that for punishments, people believe it is more important to prevent false negatives (e.g., criminals escaping justice) than to fix them, and more important to fix false positives (e.g., wrongful convictions) than to prevent them. For rewards, people believe it is more important to prevent false positives (e.g., welfare fraud) than to fix them and more important to fix false negatives (e.g., improperly denied benefits) than to prevent them.