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Jan 6, 2023 · Exonerations—when wrongfully convicted people are “officially cleared based on new evidence of innocence”—have consequently garnered increased attention in academic, policy, and public domains across the country and around the world (NRE 2021 a).
- Eyewitness Misidentification
- False Confessions
- Police and Prosecutorial Misconduct
- False and/or Misleading Forensic Evidence
- Witness Perjury
Eyewitness misidentification is one of the most common factors in cases of wrongful conviction. Nationally, 28% of all exonerations involve mistaken eyewitness identification. Social science research demonstrates that human memory is highly imperfect and fragile. When people experience a stressful event like a crime, they are much less able to make...
False confessions have been a factor in 12% of proven wrongful convictions nationwide. While it may seem difficult to understand why someone would confess to a crime they did not commit, there are many reasons that this can happen. For instance, physical intimidation or threats of violence by law enforcement can lead a suspect to falsely confess. C...
Official misconduct by police officers, prosecutors, or other government officials has been present in 54% of wrongful convictions across the nation. Because criminal cases have many different stages, official misconduct can occur in numerous ways. At the investigation stage, police engage in misconduct when they deliberately use suggestion in an i...
False or misleading forensic evidence has been a contributing factor in 24% of exoneration cases across the country. Most forensic disciplines were developed within law enforcement and have not been subject to the kind of rigorous testing normally conducted to validate a scientific theory. As the forensic sciences have come under greater scrutiny, ...
False accusation or perjury is the most common feature of wrongful convictions and has been a factor in 60% of documented exonerations. Most often, witnesses lie because they receive some benefit for testifying against the defendant. For example, a person in jail facing criminal charges can secure a favorable plea bargain, dismissal of their own ch...
Feb 13, 2024 · At Harvard Law School, Daniel Medwed outlines the tangle of legal rules and procedures that keep wrongly convicted people behind bars. Tens of thousands of innocent people are languishing in prison across the United States, according to studies cited by the Innocence Project.
Nov 23, 2022 · Nine main causes of wrongful conviction have been identified by Innocence Canada: eyewitness identification error, when a witness identifies an innocent suspect; false confessions, when an...
Aug 17, 2020 · Eight main themes were identified: loss of identity; stigma; psychological and physical health; relationships with others; attitudes towards the justice system; impact on finances and employment; traumatic experiences in custody; and adjustment difficulties.
- Samantha K Brooks, Neil Greenberg
- 2021
Jan 31, 2018 · There are three basic types of assault offence set out in law – common assault, actual bodily harm (ABH) and wounding / grievous bodily harm (GBH). They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.
Sentences are worked out by assessing harm and culpability. Harm is an assessment of the damage caused to the victim by the assault. It considers how injured the victim was and whether the assault was sustained or repeated. Culpability is a measure of how responsible the offender was in the assault.
