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Nearly three people a week in US exonerated of crimes last year Nearly three people a week in US exonerated of crimes last year
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A record 149 people were exonerated in the US in 2015, nearly three a week, according to a new report that found a rising number of overturned convictions in a handful of counties around the country.A record 149 people were exonerated in the US in 2015, nearly three a week, according to a new report that found a rising number of overturned convictions in a handful of counties around the country.
“It used to be a huge, ‘oh my God’ story every time a murder exoneration happened, but in the last few years the increase has been remarkable, something like one a week,” said Michigan Law professor Samuel Gross, editor of the National Registry of Exonerations and author of the report.“It used to be a huge, ‘oh my God’ story every time a murder exoneration happened, but in the last few years the increase has been remarkable, something like one a week,” said Michigan Law professor Samuel Gross, editor of the National Registry of Exonerations and author of the report.
“To a great extent this is driven by a lot of activity in a small number of counties,” he told the Guardian, adding that it’s in “thousands of US counties where the real work of the criminal justice system takes place”.“To a great extent this is driven by a lot of activity in a small number of counties,” he told the Guardian, adding that it’s in “thousands of US counties where the real work of the criminal justice system takes place”.
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The findings of the report, released on Wednesday, suggest both systemic problems – misconduct by police and officials, false confessions, guilty pleas in cases without crimes – and a growing movement to investigate and overturn wrongful convictions.The findings of the report, released on Wednesday, suggest both systemic problems – misconduct by police and officials, false confessions, guilty pleas in cases without crimes – and a growing movement to investigate and overturn wrongful convictions.
Most of the exonerations were for homicide and drug possession cases, a record 58 and 47 respectively, and the exonerated include five death row inmates and 19 people serving life sentences. On average, the exonerated men and women had served more than 14 years in prison.Most of the exonerations were for homicide and drug possession cases, a record 58 and 47 respectively, and the exonerated include five death row inmates and 19 people serving life sentences. On average, the exonerated men and women had served more than 14 years in prison.
Misconduct by investigators, attorneys and officials was a factor in 75% of the murder exonerations and more than 40% of all exonerations in 2015. The report highlighted the case of Debra Milke, an Arizona woman sentenced to death for conspiracy to murder her four-year-old son. In 1990, a detective defied an order to record his interrogation of Milke, and later told a jury that she had offered him sex and confessed to the murder, which she denied.Misconduct by investigators, attorneys and officials was a factor in 75% of the murder exonerations and more than 40% of all exonerations in 2015. The report highlighted the case of Debra Milke, an Arizona woman sentenced to death for conspiracy to murder her four-year-old son. In 1990, a detective defied an order to record his interrogation of Milke, and later told a jury that she had offered him sex and confessed to the murder, which she denied.
Milke’s conviction was overturned when her attorneys found that prosecutors had kept the jury from learning about eight cases in which the detective had either committed perjury or violated the constitution during interrogations.Milke’s conviction was overturned when her attorneys found that prosecutors had kept the jury from learning about eight cases in which the detective had either committed perjury or violated the constitution during interrogations.
“Misconduct by its nature is hidden,” Gross said. “We’re always going to be underreporting it.”“Misconduct by its nature is hidden,” Gross said. “We’re always going to be underreporting it.”
The registry has tracked exonerations since 1989, recording a total of 1,733, and the data shows clear patterns in some counties. Nearly 90% of the drug exonerations in 2015 were in Harris County, Texas, the third-largest county in the United States. County attorneys have aggressively tried to reform their overcrowded prisons in the last two years, which the sheriff said earlier this month are being used “as a housing project for way too many people who don’t need to be there”.The registry has tracked exonerations since 1989, recording a total of 1,733, and the data shows clear patterns in some counties. Nearly 90% of the drug exonerations in 2015 were in Harris County, Texas, the third-largest county in the United States. County attorneys have aggressively tried to reform their overcrowded prisons in the last two years, which the sheriff said earlier this month are being used “as a housing project for way too many people who don’t need to be there”.
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County attorneys in Brooklyn have similarly formed a Conviction Integrity Unit (CIU) and helped clear the 17 people exonerated in New York state in 2015.County attorneys in Brooklyn have similarly formed a Conviction Integrity Unit (CIU) and helped clear the 17 people exonerated in New York state in 2015.
Illinois’s Cook County, the second-largest county in the US and home of a Chicago-based CIU, had 13 exonerations in 2015. Seventy-two per cent of Cook County’s 118 exonerations since 1989 have involved official misconduct, and 42% have involved false confessions – both far above the national averages.Illinois’s Cook County, the second-largest county in the US and home of a Chicago-based CIU, had 13 exonerations in 2015. Seventy-two per cent of Cook County’s 118 exonerations since 1989 have involved official misconduct, and 42% have involved false confessions – both far above the national averages.
“So there are a lot of murder cases with bad misconduct and false confessions in the Windy City,” Gross said. “I don’t think that’s a surprise.”“So there are a lot of murder cases with bad misconduct and false confessions in the Windy City,” Gross said. “I don’t think that’s a surprise.”
He said Chicago’s unusual numbers reflected both police behavior – a long history of confirmed and alleged false confessions through interrogation alongside newer allegations of unlawful detention and misconduct – and the extensive work by activists and attorneys and the press to fight back.He said Chicago’s unusual numbers reflected both police behavior – a long history of confirmed and alleged false confessions through interrogation alongside newer allegations of unlawful detention and misconduct – and the extensive work by activists and attorneys and the press to fight back.
Related: ‘Nothing happens to the police’: forced confessions go unpunished in Chicago
Twenty-seven people were exonerated for convictions based on false confessions in 2015, another record. In 13 of those cases, exonerees falsely confessed when they were younger than 18, suffered from a mental disability, or both. In one case, a 16-year-old named Bobby Johnson, with an IQ of 69, falsely confessed after detectives told him they had evidence that linked him to a murder – a legal tactic of lying to a suspect during interrogation.Twenty-seven people were exonerated for convictions based on false confessions in 2015, another record. In 13 of those cases, exonerees falsely confessed when they were younger than 18, suffered from a mental disability, or both. In one case, a 16-year-old named Bobby Johnson, with an IQ of 69, falsely confessed after detectives told him they had evidence that linked him to a murder – a legal tactic of lying to a suspect during interrogation.
He was sentenced in 2007 to 38 years in prison, and exonerated last year after lawyers found that police had concealed evidence that linked the murder to another person.He was sentenced in 2007 to 38 years in prison, and exonerated last year after lawyers found that police had concealed evidence that linked the murder to another person.
Studies suggest that even investigators with decades of experience are only about 54% accurate at judging when a suspect is honest or deceitful. Saul Kassin, a professor of psychology at Williams College, wrote in a study on false confessions that some police tactics, such as extended isolation, “put innocents at risk to confess, especially if they are young, mentally impaired, or otherwise vulnerable”.Studies suggest that even investigators with decades of experience are only about 54% accurate at judging when a suspect is honest or deceitful. Saul Kassin, a professor of psychology at Williams College, wrote in a study on false confessions that some police tactics, such as extended isolation, “put innocents at risk to confess, especially if they are young, mentally impaired, or otherwise vulnerable”.
Quoting a man who served 15 years for a murder he did not commit but confessed to – “believing in the criminal justice system and being fearful for myself, I told them what they wanted to hear” – Kassin offered an alarming suggestion: “Anecdotal and research evidence has suggested the ironic hypothesis that innocence itself may put innocents at risk.”Quoting a man who served 15 years for a murder he did not commit but confessed to – “believing in the criminal justice system and being fearful for myself, I told them what they wanted to hear” – Kassin offered an alarming suggestion: “Anecdotal and research evidence has suggested the ironic hypothesis that innocence itself may put innocents at risk.”
A growing body of evidence has called the reliability of forensic science and witness accounts into question – for instance, the notoriously unreliable field drug tests used by police. Several court decisions have ruled the tests, which have tested Jolly Ranchers positive for methamphetamines and breath mints for crack, inadmissible evidence in court but reason to arrest.A growing body of evidence has called the reliability of forensic science and witness accounts into question – for instance, the notoriously unreliable field drug tests used by police. Several court decisions have ruled the tests, which have tested Jolly Ranchers positive for methamphetamines and breath mints for crack, inadmissible evidence in court but reason to arrest.
A suspect who pleads not guilty may wait weeks, months or even a year for trial, as police and prosecutors offer plea deals to reduce a sentence. Purported drugs may not be tested until trial, and in the event of a guilty plea most go untested entirely, Gross said. He praised Harris County for retroactively testing evidence even in cases with guilty pleas.A suspect who pleads not guilty may wait weeks, months or even a year for trial, as police and prosecutors offer plea deals to reduce a sentence. Purported drugs may not be tested until trial, and in the event of a guilty plea most go untested entirely, Gross said. He praised Harris County for retroactively testing evidence even in cases with guilty pleas.
Related: How Chicago police condemned the innocent: a trail of coerced confessions
Twenty-six people were exonerated with the help of DNA evidence in 2015, and DNA evidence has helped overturn 419 of the 1,733 total convictions recorded, according to the report.Twenty-six people were exonerated with the help of DNA evidence in 2015, and DNA evidence has helped overturn 419 of the 1,733 total convictions recorded, according to the report.
Since 1973, 152 people on death row have been exonerated, and a 2014 study found that 4% of death row inmates are falsely convicted.Since 1973, 152 people on death row have been exonerated, and a 2014 study found that 4% of death row inmates are falsely convicted.