Innocence and the death penalty

Between 1976 and 2004, 6807 Americans have been sentenced to death (DPIC, 2004). Not all of these sentences have ended in executions; some individuals have been granted clemency and had their sentences reduced to life without possibility of parole. But 123 of these Americans have a particularly terrifying story - they were exonerated and freed after being found innocent.

How did 123 innocent Americans end up being sentenced to death? The most common causes of wrongful conviction are as follows:

o False and unreliable evidence
False evidence can arise from "snitch" witnesses - criminals who provide information to prosecutors in order to lessen their own sentences. False evidence can also be gathered from well-meaning citizens who make incorrect eyewitness identification.

o Illegal conduct and serious errors by police and prosecutors
Murder cases can understandably throw communities into fear and turmoil, putting much pressure on the police to catch the perpetrator. This can lead police to (consciously or unconsciously) feed information to eyewitnesses that will lead them to convict a suspect.

For instance, say a witness remembers a suspect as an African-American male with "longish hair and a beard". The police show her a batch of possible perpetrators - 1 African American man with a beard, and 5 African American men who are clean shaven. The witness will, obviously, be most likely to recognize the man with a beard - even if the real perpetrator was a different bearded man. This is a subtle technique that can greatly influence the testimony of a witness.

o Lack of adequate defense
Time and time again it's been documented: the people who end up on death row are those who cannot afford proper legal defense (ACLU).

In 1996, 4 innocent cases were discovered by Northwestern University journalism students who investigated the cases as part of a class project. Many other claims of innocence have been supported by DNA evidence. However, there are still many cases in which DNA evidence is not available, and cases that intelligent, industrious students have not had the time to explore. Although 123 death row inmates have been exonerated, it is entirely possible that there are still innocent people on death row today.


By Krista, No Death Penalty Wisconsin Campaign

posted by Sachin @ 3:58 PM