Bias, Subjectivity, and Wrongful Convictions

50 U. Mich. J. L. Reform 779 (2017)

Univ. of Wisconsin Legal Studies Research Paper No. 1410

17 Pages Posted: 22 Apr 2017

See all articles by Katherine Judson

Katherine Judson

University of Wisconsin Law School

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

Suggested Citation

Judson, Katherine, Bias, Subjectivity, and Wrongful Convictions (April 21, 2017). 50 U. Mich. J. L. Reform 779 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1410, Available at SSRN: https://ssrn.com/abstract=2956443

Katherine Judson (Contact Author)

University of Wisconsin Law School ( email )

957 Bascom Mall
Madison, WI 53706
United States

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