Bias, Subjectivity, and Wrongful Convictions
50 U. Mich. J. L. Reform 779 (2017)
17 Pages Posted: 22 Apr 2017
Date Written: April 21, 2017
Abstract
This article, adapted from a 2017 symposium presentation, talks about bias, subjectivity and wrongful convictions. In law, we apply lessons from the past to contemporary problems. When we look at a wrongful conviction after exoneration, we get to look back at what might have caused it. This is valuable because we learn lessons we can then apply to prevent future miscarriages of justice. This article discusses a little about what we know from past exonerations and some of the factors that can contribute to wrongful convictions.
Examining wrongful convictions that were later overturned with new DNA evidence allows us to identify six factors that significantly contribute to wrongful convictions. The influence of these factors may be slightly different percentage wise for DNA versus non-DNA cases, but they are significant in both contexts. Wrongful convictions often occur as a result of incentivized testimony from witnesses, like jailhouse informant or “snitch” testimony, false confessions, eyewitness identification error, bad lawyering, government misconduct and faulty forensic science. This article focuses on faulty forensic science.
Keywords: wrongful convictions, bias, subjectivity, justice, forensic science, DNA evidence
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