[Vision2020] NY Times Article: How many innocents convicted?

[Art Deco aka W. Fox]

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NY Times:
April 19, 2004
Study Suspects Thousands of False Convictions
By ADAM LIPTAK

 comprehensive study of 328 criminal cases over the last 15 years in which the
convicted person was exonerated suggests that there are thousands of innocent
people in prison today.

Almost all the exonerations were in murder and rape cases, and that implies,
according to the study, that many innocent people have been convicted of less
serious crimes. But the study says they benefited neither from the intense
scrutiny that murder cases tend to receive nor from the DNA evidence that can
categorically establish the innocence of people convicted of rape.

Prosecutors, however, have questioned some of the methodology used in the study,
which was prepared at the University of Michigan and supervised by a law
professor there, Samuel R. Gross. They say that the number of exonerations is
quite small when compared with the number of convictions during the 15-year
period. About 2 million people are in American prisons and jails.

The study identified 199 murder exonerations, 73 of them in capital cases. It
also found 120 rape exonerations. Only nine cases involved other crimes. In more
than half of the cases, the defendants had been in prison for more than 10
years.

The study's authors said they picked 1989 as a starting point because that was
the year of the first DNA exoneration. Of the 328 exonerations they found in the
intervening years, 145 involved DNA evidence.

In 88 percent of the rape cases in the study, DNA evidence helped free the
inmate. But biological evidence is far less likely to be available or provide
definitive proof in other kinds of cases. Only 20 percent of the murder
exonerations involved DNA evidence, and almost all of those were rape-murders.

The study, which will be presented Friday at a conference of defense lawyers in
Austin, Tex., also found that very different factors contributed to wrongful
convictions in rape and murder cases.

Some 90 percent of false convictions in the rape cases involved
misidentification by witnesses, very often across races. In particular, the
study said black men made up a disproportionate number of exonerated rape
defendants.

The racial mix of those exonerated, in general, mirrored that of the prison
population, and the mix of those exonerated of murder mirrored the mix of those
convicted of murder. But while 29 percent of those in prison for rape are black,
65 percent of those exonerated of the crime are.

Interracial rapes are, moreover, uncommon. Rapes of white women by black men,
for instance, represent less than 10 percent of all rapes, according to the
Justice Department. But in half of the rape exonerations where racial data was
available, black men were falsely convicted of raping white women.

"The most obvious explanation for this racial disparity is probably also the
most powerful," the study says. "White Americans are much more likely to mistake
one black person for another than to do the same for members of their own race."

On the other hand, the study found that the leading causes of wrongful
convictions for murder were false confessions and perjury by co- defendants,
informants, police officers or forensic scientists.

A separate study considering 125 cases involving false confessions was published
in the North Carolina Law Review last month and found that such confessions were
most common among groups vulnerable to suggestion and intimidation.

"There are three groups of people most likely to confess," said Steven A.
Drizin, a law professor at Northwestern, who conducted the study with Richard A.
Leo, a professor of criminology at the University of California, Irvine. "They
are the mentally retarded, the mentally ill and juveniles."

Professor Drizin, too, said that false confessions were most common in murder
cases.

"Those are the cases where there is the greatest pressure to obtain
confessions," he said, "and confessions are often the only way to solve those
crimes."

Professor Drizin said that videotaping of police interrogations would cut down
on false confessions.

The authors of the Michigan study offered dueling rationales for the murder
exonerations, and both reasons, they said, were disturbing.

There may be more murder exonerations, they said, because the cases attract more
attention, especially when a death sentence is imposed. Death row inmates
represent a quarter of 1 percent of the prison population but 22 percent of the
exonerated.

That suggests that innocent people are often convicted in run-of-the-mill cases.
Indeed, the study says, "if we reviewed prison sentences with the same level of
care that we devote to death sentences, there would have been over 28,500
non-death-row exonerations in the past 15 years rather than the 255 that have in
fact occurred."

The study offered a competing theory, as well. Mistakes, it said, may be more
likely in murder cases and far more likely in capital cases.

"The truth," the study concludes, "is clearly a combination of these two
appalling possibilities."

Critics of the Michigan study questioned its methodology, saying it overstated
the number of authentically innocent people. The study calls every nullification
of a conviction by a governor, court or prosecutor declaring a person not guilty
of a crime an exoneration.

In Astoria, Ore., Joshua Marquis, the district attorney for Clatsop County, said
that many of the people exonerated under the study's definition may nonetheless
have committed the crimes in question, though the evidence may have become too
weak to prove that beyond a reasonably doubt.

"The real number of people on death row exonerated in the sense of being
actually innocent in the modern era of the death penalty is about 25 to 30," Mr.
Marquis said. The Michigan study put the number at 73.

He added that even the error rate suggested by the study was tolerable given the
American prison population.

"We all agree that it is better for 10 guilty men to go free than for one
innocent man to be convicted," Mr. Marquis said. "Is it better for 100,000
guilty men to walk free rather than have one innocent man convicted? The
cost-benefit policy answer is no."

At the University of Michigan, Professor Gross said that was the wrong calculus.

"No rate of preventable errors that destroy people's lives and destroy the lives
of those close to them is acceptable," he said.

Barry Scheck, a founder of the Innocence Project, said Mr. Marquis's analysis
ignored another point.

"Every time an innocent person is convicted," Mr. Scheck said, "it means there
are more guilty people out there who are still committing crimes."

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<DIV><FONT size=3D4>
<H5>NY Times:</H5>
<H5>April 19, 2004</H5><NYT_HEADLINE version=3D"1.0" type=3D" ">
<H2>Study Suspects Thousands of False =
Convictions</H2></NYT_HEADLINE><NYT_BYLINE=20
version=3D"1.0" type=3D" "><FONT size=3D-1><STRONG>By ADAM=20
LIPTAK</STRONG></FONT><BR></NYT_BYLINE>
<TABLE cellSpacing=3D0 cellPadding=3D0 align=3Dright border=3D0>
  <TBODY>
  <TR>
    <TD></TD></TR></TBODY></TABLE><NYT_TEXT>
<P><IMG height=3D33 alt=3DA =
src=3D"http://graphics7.nytimes.com/images/dropcap/a.gif"=20
width=3D33 align=3Dleft border=3D0> comprehensive study of 328 criminal =
cases over the=20
last 15 years in which the convicted person was exonerated suggests that =
there=20
are thousands of innocent people in prison today.</P>
<P>Almost all the exonerations were in murder and rape cases, and that =
implies,=20
according to the study, that many innocent people have been convicted of =
less=20
serious crimes. But the study says they benefited neither from the =
intense=20
scrutiny that murder cases tend to receive nor from the DNA evidence =
that can=20
categorically establish the innocence of people convicted of rape.</P>
<P>Prosecutors, however, have questioned some of the methodology used in =
the=20
study, which was prepared at the University of Michigan and supervised =
by a law=20
professor there, Samuel R. Gross. They say that the number of =
exonerations is=20
quite small when compared with the number of convictions during the =
15-year=20
period. About 2 million people are in American prisons and jails.</P>
<P>The study identified 199 murder exonerations, 73 of them in capital =
cases. It=20
also found 120 rape exonerations. Only nine cases involved other crimes. =
In more=20
than half of the cases, the defendants had been in prison for more than =
10=20
years.</P>
<P>The study's authors said they picked 1989 as a starting point because =
that=20
was the year of the first DNA exoneration. Of the 328 exonerations they =
found in=20
the intervening years, 145 involved DNA evidence.</P>
<P>In 88 percent of the rape cases in the study, DNA evidence helped =
free the=20
inmate. But biological evidence is far less likely to be available or =
provide=20
definitive proof in other kinds of cases. Only 20 percent of the murder=20
exonerations involved DNA evidence, and almost all of those were=20
rape-murders.</P>
<P>The study, which will be presented Friday at a conference of defense =
lawyers=20
in Austin, Tex., also found that very different factors contributed to =
wrongful=20
convictions in rape and murder cases.</P>
<P>Some 90 percent of false convictions in the rape cases involved=20
misidentification by witnesses, very often across races. In particular, =
the=20
study said black men made up a disproportionate number of exonerated =
rape=20
defendants.</P>
<P>The racial mix of those exonerated, in general, mirrored that of the =
prison=20
population, and the mix of those exonerated of murder mirrored the mix =
of those=20
convicted of murder. But while 29 percent of those in prison for rape =
are black,=20
65 percent of those exonerated of the crime are.</P>
<P>Interracial rapes are, moreover, uncommon. Rapes of white women by =
black men,=20
for instance, represent less than 10 percent of all rapes, according to =
the=20
Justice Department. But in half of the rape exonerations where racial =
data was=20
available, black men were falsely convicted of raping white women.</P>
<P>"The most obvious explanation for this racial disparity is probably =
also the=20
most powerful," the study says. "White Americans are much more likely to =
mistake=20
one black person for another than to do the same for members of their =
own=20
race."</P>
<P>On the other hand, the study found that the leading causes of =
wrongful=20
convictions for murder were false confessions and perjury by co- =
defendants,=20
informants, police officers or forensic scientists. </P>
<P>A separate study considering 125 cases involving false confessions =
was=20
published in the North Carolina Law Review last month and found that =
such=20
confessions were most common among groups vulnerable to suggestion and=20
intimidation.</P>
<P>"There are three groups of people most likely to confess," said =
Steven A.=20
Drizin, a law professor at Northwestern, who conducted the study with =
Richard A.=20
Leo, a professor of criminology at the University of California, Irvine. =
"They=20
are the mentally retarded, the mentally ill and juveniles."</P>
<P>Professor Drizin, too, said that false confessions were most common =
in murder=20
cases.</P>
<P>"Those are the cases where there is the greatest pressure to obtain=20
confessions," he said, "and confessions are often the only way to solve =
those=20
crimes."</P>
<P>Professor Drizin said that videotaping of police interrogations would =
cut=20
down on false confessions.</P>
<P>The authors of the Michigan study offered dueling rationales for the =
murder=20
exonerations, and both reasons, they said, were disturbing.</P>
<P>There may be more murder exonerations, they said, because the cases =
attract=20
more attention, especially when a death sentence is imposed. Death row =
inmates=20
represent a quarter of 1 percent of the prison population but 22 percent =
of the=20
exonerated.</P>
<P>That suggests that innocent people are often convicted in =
run-of-the-mill=20
cases. Indeed, the study says, "if we reviewed prison sentences with the =
same=20
level of care that we devote to death sentences, there would have been =
over=20
28,500 non-death-row exonerations in the past 15 years rather than the =
255 that=20
have in fact occurred."</P>
<P>The study offered a competing theory, as well. Mistakes, it said, may =
be more=20
likely in murder cases and far more likely in capital cases. </P>
<P>"The truth," the study concludes, "is clearly a combination of these =
two=20
appalling possibilities." </P>
<P>Critics of the Michigan study questioned its methodology, saying it=20
overstated the number of authentically innocent people. The study calls =
every=20
nullification of a conviction by a governor, court or prosecutor =
declaring a=20
person not guilty of a crime an exoneration. </P>
<P>In Astoria, Ore., Joshua Marquis, the district attorney for Clatsop =
County,=20
said that many of the people exonerated under the study's definition may =

nonetheless have committed the crimes in question, though the evidence =
may have=20
become too weak to prove that beyond a reasonably doubt.</P>
<P>"The real number of people on death row exonerated in the sense of =
being=20
actually innocent in the modern era of the death penalty is about 25 to =
30," Mr.=20
Marquis said. The Michigan study put the number at 73.</P>
<P>He added that even the error rate suggested by the study was =
tolerable given=20
the American prison population.</P>
<P>"We all agree that it is better for 10 guilty men to go free than for =
one=20
innocent man to be convicted," Mr. Marquis said. "Is it better for =
100,000=20
guilty men to walk free rather than have one innocent man convicted? The =

cost-benefit policy answer is no."</P>
<P>At the University of Michigan, Professor Gross said that was the =
wrong=20
calculus.</P>
<P>"No rate of preventable errors that destroy people's lives and =
destroy the=20
lives of those close to them is acceptable," he said.</P>
<P>Barry Scheck, a founder of the Innocence Project, said Mr. Marquis's =
analysis=20
ignored another point.</P>
<P>"Every time an innocent person is convicted," Mr. Scheck said, "it =
means=20
there are more guilty people out there who are still committing=20
crimes."</P></NYT_TEXT></FONT></DIV></BODY></HTML>

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