10,000 Innocent People Convicted Each Year in the US?

The US has very high conviction rates when compared with much of the world.  One explanation is that our police perform better investigations and gather evidence better than police in the rest of the world.  The other view is that we're really not as free.  Not only do we lock up the most people in the world, but our revered criminal justice process yields a higher rate of conviction as well.  A more direct approach is to look at one of the most common causes of false conviction: mistaken eyewitness testimony.  But are there flaws in our justice system that could be fixed, and might yield better results?

There is no denying that wrongful convictions are a horrible thing.  In addition to the innocent person's suffering, there is also the problem of the guilty person going free.  Still, we often hear arguments from judges and prosecutors against reforms that would reduce wrongful convictions.  Some of them just don't think wrongful convictions are that common, and some just don't care. 

Mistaken eyewitness identification is one of the main culprits at play when discussing wrongful convictions.  Jurors are quick to rely on eyewitness testimony and witnesses are quick to testify that they're "sure" of an ID.  But suggestive circumstances (like handcuffs, or being in the back of a police wagon during initial ID), poor viewing conditions, and many other factors make this testimony all the more unreliable.

A system with a zealous advocate for guilt (prosecutor) makes the criminal justice process adversarial rather than inquisitive.  The prosecutor wants to win and wants to convict and can influence the fact-finder.  While the burden on the government is supposedly so high, no one really knows what reasonable doubt means.  Defense attorneys and prosecutors will use a part of their closing arguments to give different opinions on what the phrase means, but jurors are still left to decide for themselves.

One notable procedure here is that the prosecution gets to deliver their closing argument last in the US (this is in stark contrast to some other countries like Germany and France).  Not only does the prosecution have the first opportunity to speak to the jury with their opening statement, but they get the final word as well.  This immense tactical advantage is another major reason for wrongful convictions.

This is why criminal defense attorneys are so important.  Not only do criminal defense attorneys protect innocent people falsely accused of crimes, but also protect the rights and civil liberties of all Americans.

Cases of true factual innocence are more likely to revolve around the issue of reasonable doubt.  Reasonable doubt about witness identification, alibi, and many other areas of substantive evidence could save an innocent person from a guilty verdict.  The problem, however, is that after the defense attorney raises reasonable doubt questions in the jury's mind, the prosecutor gets the final word, and spends the final 40 minutes of the trial telling the jury that they "must" convict.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar