Half of All False Convictions in the U.S. Involved Police or Prosecutor Misconduct, Finds New Report

“When innocent people are falsely convicted of crimes and later freed, in more than half of the cases, misconduct by police and prosecutors played a contributing role.

That’s the primary theme of a new report, “Government Misconduct and Convicting the Innocent,” released today by the National Registry of Exonerations, which has been tracking all known exonerations in the United States for the past 30 years.”

“what happens when a person is ultimately exonerated and the truth of police and prosecutorial misconduct is revealed? Are the police officers or prosecutors disciplined for their behavior? Often the answer is no. The report analyzed what happened to cops and prosecutors who engaged in misconduct and found that some sort of discipline was imposed in only 17 percent of these cases. Prosecutors are hardly ever punished for misconduct, even though the report notes that they are equally culpable as cops. In only four percent of cases did they find prosecutors disciplined in any way for misconduct. Just two have been fired, three disbarred, and only two have ever themselves been criminally prosecuted and found guilty of misconduct.

Police officers, on the other hand, were disciplined in some fashion in 19 percent of all exoneration cases involving police misconduct. That’s still remarkably low, but police are far more likely than prosecutors to be criminally charged with misconduct in these cases. At least 30 officers have been convicted. That number may seem low, but the report notes that a single police officer may actually be responsible for several false convictions (most notably in Chicago, which has seen mass exonerations over police misconduct).”

” The final quarter of the report is devoted to recommendations: record police interrogations; have forensic crime labs operate independently of police departments to reduce the pressure to fudge results; create special units in prosecutors’ offices to revisit old cases and look for errors; implement open-file discovery and better information-sharing practices with public defenders; and, obviously, institute actual consequences for officers and prosecutors who engage in misconduct that leads to the innocent being convicted.”