Wrongful Convictions Research Articles

Interpretation of the Manifest Injustice Provisions of the Civil Code

Interpretation of the Manifest Injustice Provisions of the Civil Code

Femininity on trial: decoding female violence in true crime documentary

ABSTRACT This article explores the treatment of criminally accused women and girls in 2000s crime documentaries. I argue that although the HBO documentaries I Love You, Now Die and Beware The Slenderman challenge established tropes associated with criminally accused women and girls, the documentaries do not disrupt patterns within patriarchy that penalize and vilify nontraditional embodiments of femininity. The 2000s brought a new era of representation for criminally accused men. The emergence and popularity of injustice narratives positioned true-crime documentaries as agents of social change. Androcentric films facilitated in-depth exposés that highlighted wrongful convictions and systemic corruption in the American criminal justice system. Beware The Slenderman and I Love You, Now Die challenge portrayals of allegedly violent women and girls as mentally ill, inherently evil, and particularly susceptible to corruption. The documentaries awareness of established tropes signals a potential reevaluation of patriarchal understandings of female crime. However, I Love You, Now Die and Beware The Slenderman reinforce correlations between criminality and gender performance. Unlike the male-centered injustice narratives of the 2000s, crime documentaries featuring accused women and girls normalize patriarchal gender roles rather than examine systemic failings.

Emancipating from (Colonial) Genealogies of the Techno-social Networks or Reversing Power Relations by Turning the Predator into Prey in Jordan Peele’s Nope

The article aims to map the contemporary techno-social networks, together with delineation of the algorithmic governmentality, computational unconscious, the epistemic structure of the Eurocentric matrix of power haunted by its own repetition of the constant abyss of horrors, only to search for gestures of resistance. Gestures of resistance, contrary to the false conviction of capitalist realism, can be found everywhere, including in Jordan Peele's Nope (2022). Through a variety of motifs, themes, and cultural and cinematic references, Peele creates a resistance image, i.e., an image that resists the historical trajectory of the violence of the digital colonial matrix of knowledge. In particular with Nope, in which the history of racial violence is disentangled by evoking the relation between the entanglement of capital and epistemic violence embodied in an all-devouring predator UFO. But Nope is also about visualizing silenced histories. Indeed, to strive to capture UFO with the camera is to break away from modernity as a totalizing onto-epistemology and in this register generating a false universal subject of a Man.

Immediate and repeat interrogative suggestibility in a sample of adolescents with fetal alcohol spectrum disorder

AbstractIndividuals with fetal alcohol spectrum disorders (FASD) are more likely to be involved with the criminal justice system (CJS) than neurotypical individuals. Interrogative suggestibility is theorised to be a weakness in this population; this is the first experimental evidence of interrogative suggestibility in adolescents with FASD. Fifty‐two participants (aged 11–16 years) completed the Gudjonsson Suggestibility Scale immediately and after 1 week; the Wechsler Intelligence Scale for Children; and the Behavioural Rating of Executive Function. Compared to the control group, individuals with FASD were more vulnerable to leading questions, negative feedback and evidenced significantly higher suggestibility, immediately and after 1 week. A significant correlation was found between immediate and repeat suggestibility at 1‐week follow‐up. Poorer memory recall, lower intelligence quotient and higher impulsivity were also observed in the FASD population. The results indicate the importance for the CJS to establish whether suspects, witnesses, and victims of crimes may have been impacted by prenatal alcohol exposure since this is a significant source of vulnerability that could lead to false confessions or miscarriage of justice.

Imagining Freedom in Slavery’s Future: Iron City ’s Fugitive Othertime in the US Carceral Empire-State

Abstract: This essay examines Black political activism during the Korean War in publications that defined their present moment as slavery’s future and characterized slavery and antiblack racism as part of an ongoing war against Black people, connected to US empire’s wars abroad. In particular, it reads Lloyd Brown’s novel Iron City (1951), about four Black men incarcerated on trumped-up charges, alongside Paul Robeson’s Freedom newspaper (1950–55) and William Patterson’s We Charge Genocide (1951). Centering on four Black men serving time , the novel demonstrates that one tactic in the war against Black freedom is through the control of time and shows a connection between incarceration and slavery by revealing the disciplinary mechanism of time in service of US empire. Rather than acquiesce to the omnipotence of empire’s time and endless wars, however, Iron City , exemplifying the Black radical thought of the 1950s, imagines a different future, which I term fugitive othertime . Building on Saidiya Hartman’s theorization of a “fugitive elsewhere ,” “an imagined place [that] might afford you a vision of freedom,” I argue for reading Iron City for its dream of a fugitive othertime, as an imagined temporality in which that elsewhere might exist.

The Boundary of Artificial Intelligence in Forensic Science

Artificial intelligence (AI) is poised to revolutionize forensic science by enhancing evidence analysis and aiding in crime-solving. This paper explores AI applications in forensic fields, focusing on DNA mixture analysis, the cause of death diagnosis, and the challenges AI faces in forensic science. It addresses the limitations of AI in forensic science, emphasizing the necessity for transparent AI systems used ethically. Forensic errors are often not due to misclassification by forensic scientists but stem from incompetence, fraud, weak scientific foundations, or organizational deficiencies, resulting in wrongful convictions. Systemic issues like dependence on presumptive tests and inadequate defense contribute to errors. Inconsistencies plague various domains of forensic science, including fingerprint and DNA analysis. Establishing standardized analytical procedures can enhance consistency and credibility in forensic science. AI applications in forensic anthropology, pathology, genetics, and statistics are explored, with a focus on their potential and challenges.

Convicting the Innocent: An Analysis of the Effects of Wrongful Convictions and Available Remedies in Canada

Convicting the Innocent: An Analysis of the Effects of Wrongful Convictions and Available Remedies in Canada

The role of suspect development practices in eyewitness identification accuracy and racial disparities in wrongful conviction

AbstractThis article reviews the three previously studied categories of variables that are related to eyewitness identification accuracy: estimator (characteristics of the witnessing conditions), system (characteristics of the identification procedure that are under the control of the criminal legal system), and reflector (variables that reflect the likely accuracy of a witness). Although eyewitness scholars frequently turn to these variables and models of memory to explain why eyewitnesses make mistakes, none of these variables provides a reasonable explanation for the large racial disparities in wrongful convictions based on mistaken identifications, yet problematic policing practices might. The policies and practices guiding police efforts to develop suspects as well as the decisions of officers to place a suspect at risk of misidentification determine the base‐rate of innocent suspects that appear in identification procedures. Current police practices—from developing suspects based on hunches, through facial recognition technology, or by pressuring reluctant witnesses to make identifications—increase the likelihood that innocent suspects will be placed in lineups. An increase in lineups with innocent suspects increases the ratio of mistaken to correct identifications without changes in witness performance. Requirements for evidence‐based suspicion, video recording identification procedures, and prohibiting coercive interviewing techniques with reluctant witnesses are recommended for reducing the effect of unreliable suspect development methods on eyewitness evidence.

Queer in Fear: The Role of Homophobia and Transphobia in Wrongful Convictions

This paper will explore how the criminal justice system’s ingrained prejudice against LGBTQ2S+ people can lead to wrongful convictions. Primarily, this paper will focus on the negative stereotypes of and myths surrounding queer people, rooted in homophobia and transphobia, that lead to wrongful convictions. Examining the cases of Miguel Castillo, Bernard Baran, The San Antonio Four, and Monica Jones, this paper will prove that these pervasive and dangerous stereotypes impact queer people at every step of the criminal justice system. This paper will conclude by briefly discussing instances of queer wrongful convictions in the Canadian context.

Convicting the Innocent: An Analysis of the Effects of Wrongful Convictions and Available Remedies in Canada

The past three decades have seen at least 3,200 exonerations across North America. While this number continues to grow, attention must be turned to facilitating successful re-entry amongst this group. By conducting a content analysis of 57 Canadian exonerees, I gathered demographics and common case characteristics to assess the re-entry success of exonerees. Successful re-entry was incredibly difficult for the majority of exonerees due to a lack of specialized re-entry services, counselling, compensation legislation, and healthcare. Exonerees are suffering in the same ways as legitimate offenders while incarcerated and afterward, all while being offered drastically less assistance from Canada’s institutions and government

Warnings From the West: Identification and Expert Evidence as Causes of Wrongful Convictions and the Implications for South Africa (Part 1)

Being wrongfully convicted of a crime is arguably one of the most dreadful examples of injustice in any criminal justice system. This phenomenon has been recorded and studied in Western, predominantly adversarial, jurisdictions such as the United States of America, England-Wales, Canada, and Australia since the late twentieth century. Factors that have been found to contribute to wrongful convictions include eyewitness misidentification, faulty forensic evidence, prosecutorial misconduct, inadequate defence, and many more. While adversarial safeguards such as cross-examination and acquired expertise are thought to diminish the chances of wrongful convictions by revealing unreliable evidence, an increasing number of researchers are concerned that these safeguards have little effect on accurate fact-finding in criminal trials. In South Africa, where individual reports of wrongful convictions in the predominantly adversarial criminal justice system have been recorded in the media, no systems exist to track or investigate the injustice of false convictions. The objective of Part 1 of this article is to review the existing literature on eyewitness misidentification evidence as cause of wrongful convictions as well as those adversarial safeguards upon which criminal justice systems rely to identify errors in fact-finding. Parallels are drawn to the adversarial system as it functions in South Africa, and the possibility of misidentification as root and legal cause of wrongful convictions locally is considered.

Analysis of the Causes and Countermeasures of Wrongful Conviction Cases in China

Analysis of the Causes and Countermeasures of Wrongful Conviction Cases in China

Adding transparency to uncertainty: An argument-based method for evaluative opinions

Over the past 15 years, digital evidence has been identified as a leading cause, or contributing factor, in wrongful convictions in England and Wales. To prevent legal decision-makers from being misled about the relevance and credibility of digital evidence and to ensure a fair administration of justice, adopting a balanced, systematic and transparent approach to evaluating digital evidence and disseminating results is crucial. This paper draws on general concepts from argumentation theory, combined with key principles and concepts from probabilistic and narrative/scenario approaches to develop arguments and analyse evidence. We present the “Argument-Based Method for Evaluative Opinions”, which is a novel method for producing argument-based evaluative opinions in the context of criminal investigation. The method may be used stand-alone or in combination with other qualitative or quantitative/statistical methods to produce evaluative opinions, highlighting the logical relationships between the components making up the argument supporting a hypothesis. To facilitate a structured assessment of the credibility and relevance of the individual argument components, we introduce an Argument Evaluation Scale and, ultimately, an Argument Matrix for a holistic determination of the probative value of the evidence.

Wrongful convictions in asian countries: A systematic literature review

ABSTRACT Any wrongful conviction causes severe violations to the individual, their loved ones, the criminal justice system, and the validity of justice. While Anglo-American countries have focused on wrongful convictions since the 1930s, some Asian contexts have only considered these unjust errors within the scope of their legal approaches since the 2010s. To investigate this issue, this paper conducted a systematic literature review (SLR) of the Scopus and Google Scholar databases, collecting 36 English peer-reviewed articles from 710 publications between 2010 and 2021. Our two primary goals include: 1) reviewing the scope and response of Asian countries to wrongful convictions and 2) identifying the main factors that led to these wrongful convictions. Findings indicate that almost all publications have focused on China and Japan as representatives of Eastern Asia. Very few studies discussed other Asian areas. Alongside five similarities with Western societies, such as 1) false confessions, 2) torture, 3) misconduct, 4) eyewitness identification errors, and 5) misused forensic science, political factors and criminal justice struggles reflect the unique issues underpinning Asia’s wrongful convictions. Ultimately, our study calls for broader future research of a greater range of Asian countries.

Shifting decision thresholds can undermine the probative value and legal utility of forensic pattern-matching evidence

Forensic pattern analysis requires examiners to compare the patterns of items such as fingerprints or tool marks to assess whether they have a common source. This article uses signal detection theory to model examiners' reported conclusions (e.g., identification, inconclusive, or exclusion), focusing on the connection between the examiner's decision threshold and the probative value of the forensic evidence. It uses a Bayesian network model to explore how shifts in decision thresholds may affect rates and ratios of true and false convictions in a hypothetical legal system. It demonstrates that small shifts in decision thresholds, which may arise from contextual bias, can dramatically affect the value of forensic pattern-matching evidence and its utility in the legal system.

The weakest link? Investigative issues in serial sexual assault that lead to wrongful conviction

Wrongful conviction of an innocent person is an extreme type of injustice that plagues the criminal justice system today. Wrongful conviction for a sexual offense is especially traumatic for the individual due to the inherent stigma surrounding this type of crime; however, there is a dearth of research focusing on the unique aspects of both the offense and the investigation that may contribute to those convictions. The current study sought to answer the following research questions: 1-Are most sexual assault wrongful convictions in series inter-racial? 2- Does relational misattribution play a role in wrongful conviction for sexual assault? 3-Where in the series do wrongful convictions occur? 4-Do wrongful convictions in serial sexual assault cases occur primarily due to behavioral inconsistency on the part of the perpetrator (i.e., the crime for which there is a wrongful conviction appears to be significantly different from the rest of the series) leading to linkage blindness? 5-To what extent does police misconduct and other investigative issues play a role in mishandling of the offense as a one-off as opposed to part of series? Data for this study included 43 violent sexual series where a proven wrongful conviction was present for at least one of the crimes. Results suggest that thorough investigation, evidence testing, and the ability to reopen cases after similar incidents can reduce wrongful sexual assault convictions. Distinguishing between group and solo offending, stranger and acquaintance offenses, and developing investigative models that account for serial crime behavior change can improve investigative accuracy.

Unraveling Perceptions on Wrongful Convictions: Do Gender and Ethnicity Explain Disparities in Views?

Unraveling Perceptions on Wrongful Convictions: Do Gender and Ethnicity Explain Disparities in Views?

Actualités récentes dans la modélisation et la prise en charge psychologique des idées de persécution

Persecutory ideas are a major clinical problem and are associated with impaired functioning, reduced compliance with medication and increased risk of hospitalization. Persecutory ideation is defined as the false conviction that others are threatening or conspiring against one. Although persecutory delusions are mainly described and experienced in schizophrenia spectrum disorders, they also occur in other neurological and psychiatric diagnoses including Alzheimer disease, epilepsy, depression, mania, dementia and post-traumatic stress disorder. Moreover, epidemiological data from general and clinical populations indicated that paranoid beliefs occur on a hierarchy of severity and are present to a lesser degree in the general population, with paranoid delusions representing the severe end of a continuum. In this review we focus on the important advances following a decade of research from psychological sciences, and more particularly the work of Daniel Freeman and Philippa Garety in England. Their work has demonstrated that a range of causal factors are involved in the development and maintenance of delusions beyond the traditional cognitive and behavioural models. Indeed, there is now well-validated evidence that sleep disturbances, worry proneness, reasoning biases, such as failure to consider alternative explanations or belief confirmation bias, abnormal experiences such as hallucinations, negative self-beliefs, and safety behaviours, are central factors that contribute to the paranoid phenomenon. In this review, we describe each of these causal factors in detail as well as the clinical interventions developed by Freeman and his collaborators, including the integrative and modular “Feeling Safe” intervention. Broadly speaking, the aim of this psychological intervention is for patients to relearn safety by exposing them to situations they consider as potentially dangerous after reduction of the influence of the maintenance factors described above. A recent publication showed that the Feeling Safe program led to recovery in persecutory delusions for 50% of patients having poor response to antipsychotic medication, making the intervention as the most effective psychological treatment for persecutory delusions. Finally, we will critically discuss the efficacy data from the numerous clinical studies validating its effectiveness. Prospects for the implementation of the Feeling Safe program in France also is discussed.

Individual attitudes toward coerced confessions change perception of confession evidence: why jurors may accept or reject poor-quality confessions

Wrongful conviction statistics indicate that jurors will accept confession evidence even when it was coerced or contains inconsistent information. While research has considered the role of both inconsistencies and coercion in juror decisions about retracted confessions, little attention has been given to whether juror attitudes toward coerced confessions contribute to perception of suspect guilt. Using an experimental design, we manipulated the presence of inconsistencies and coercion in a fictional confession transcript. When presented with a coerced confession, low support for coercive interrogation techniques predicted lower belief in the suspect’s guilt, unlike those with higher support for coercion who did not alter their verdicts. This indicates that the effect of coercion on perceived suspect guilt differs depending on the juror’s individual attitude towards coercion. Inconsistencies in the confession similarly influenced judgements of guilt dependent on whether the person believed that confessions could be coerced from an innocent person. Implications are discussed further.

The effects of confessions on misconduct and guilty pleas in exonerations: Implications for discovery policies

AbstractResearch SummaryUsing data from the National Registry of Exonerations, we examined how the presence of confession evidence impacts prosecutors’ tendency in order to (1) commit misconduct in any form (e.g., permitting perjury and witness tampering) and (2) specifically withhold exculpatory evidence (i.e., evidence favorable to the defense). We assess these relationships particularly in the context of wrongful convictions by guilty plea from an innocent individual (i.e., false guilty plea [FGP]) or guilty verdict at trial. We show the presence of false confessions increased the likelihood of (1) prosecutors engaging in misconduct generally and (2) prosecutors withholding exculpatory evidence specifically. However, the presence of prosecutorial misconduct and withholding evidence decreased the odds of a wrongful conviction via an FGP compared to wrongful conviction via guilty verdict.Policy ImplicationsPolicies encouraging prosecutorial transparency and accountability are needed in order to better identify misconduct when it occurs, particularly in the context of guilty pleas. Open‐file discovery policies, which aim to provide full transparency, may prevent prosecutors from intentionally or unintentionally withholding evidence when faced with strong evidence like a confession, which could ultimately decrease the potential of wrongful conviction.