Deconstructing the
Path to Wrongful
Convictions
Peggy DeStefano
Professor of Criminal Justice
Bakersfield College
Abstract
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Many people associate the arduous task of
providing investigative and advocacy
services to inmates who allege their
actual innocence with the work of the NY
Innocence Project at Cardozo Law School.
In fact, as a result of the NY group’s
success under the leadership of Barry
Scheck and Peter Neufeld, Innocence
Projects have emerged throughout the
U.S., several of which are here in CA.
Their work is featured in the presentation.
Abstract…continued
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As a result, thousands of exoneration
cases appear in the literature devoted to
chronicling the causes, remedies,
research, and recommended reforms.
My presentation focuses on exposing the
fault lines in the criminal process and
illuminating key U.S. Supreme Court
rulings that have provided the basis for
administration of justice at various critical
stages of prosecution.
Abstract…continued
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In addition, I discuss recent research in
the applied behavioral sciences on mediapolice- prosecutor relationships and eyewitness defense attorney, and juror
conduct that combine to create the perfect
storm resulting in wrongful convictions. I
also comment on the role of negligent and
fraudulent science in the crime laboratory
and some of the public policy reform
measures that may redress these
systemic failures.
Abstract…continued
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Throughout the formal presentation, I
reference specific cases, suggest titles for
further reading and film viewing, and
provide follow-up information for those
who may be advocacy minded.
This slide show is intended to provide a
simple and brief overview of some of the
facets of the problem, while creating
(hopefully) an interest in attending the
colloquium to participate in the protracted
examination of a profound systemic issue.
…With Liberty and Justice for
all?
The Other America:
The Incarcerated
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2,000,000 incarcerated in Feds and
states
3,000 on Death Row in Feds and
states
210,000 in CA Dept. of Corr. &Rehab
(includes parole supervision cases)
657 on CA Death Row
Prison Demographics:
California
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Ethnicity and Gender
White—27%
African American—29%
Latino—38%
Asian/Native American/Other—6%
Male—93%
Female—7%
Investigation Phase
Police
D.A. Investigators
Grand Jury
Interested Citizen Groups
Media
Informants
Witnesses
A Perfect Storm:
Friedmans Case
Suspect In-Custody
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In-person Identification
(line-up, show-up)
Photo/video identification
photo line-up (“six pack”), sketches,
mugbooks
Physical Evidence
(fingerprints, other samples)
Interrogation
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Statements/Questions 
elicit incriminating response
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Confessions
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Admissions
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Alibis
Informants
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Citizen
Criminal (Confidential—C/I)
Anonymous
Legal standards to determine
credibility
Greatest problem area: C/I group
Or else?
Right to Counsel
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Critical stages of prosecution
Potential loss of liberty
Miranda
Scope of the 6th Amendment
protection
Effective assistance of counsel
Resource allocation and the public
defense bar
California Western Innocence
Project Stoll Case (J. Stoll and J.
Brooks, Esq.)
Good Science or Junk Science:
What goes on in the Crime Lab?
Glen Woodall:
Zain Crime Lab Victim
Fingerprints:
Science or Art?
Hair Specimens:
Comparisons and Conclusions
Hair Specimen: Shed or Combing
Undamaged club-shaped root
Trace Evidence Exemplar:
Who is the Expert?
Jury Decisions:
Guilt and Penalty Phases
Post Conviction Legal
Remedies
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Motion for acquittal. Request that the judge decide that there is not
enough evidence to convict the defendant.
Motion for a new trial. Request that trial judge declare a mistrial and
grant a new trial.
Appeal to state appellate court. Contends that trial judge made some
legal error.
Petition for rehearing to state appeals court. Requests that appeals
court judges change their own decision.
State supreme court appeal. Requests that highest court in the state
review and overturn the decision of the mid-level appeals court.
U.S. Supreme Court appeal. Requests that highest court in the nation
intervene to correct an error on the part of the state courts that violated
the U.S. Constitution.
State court habeas corpus petitions. Requests that the state appeals
courts order the jail or prison holding the defendant to release the
defendant upon a showing that the defendant is being held in violation of
some state law or constitutional right.
Federal habeas corpus petition. Requests the federal trial court to
order the jail or prison holding the defendant to release the defendant
because the defendant is being held in violation of the U.S. Constitution.
Source: NOLO, 2006
Exoneration Demographics
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Ethnicity
White—28%
African American—60%
Latino—10%
Asian/Native American/Other—2%
Male 99%
Female 1%
Average amount of time served—12 years
Average age at incarceration—26 years
old
Death Row exonerations—7%
Rogue Cops: Ramparts
Cases
Face of Wrongful Conviction
Cold
war
Case
Darkness at the End of the
Tunnel
Texas Department of
Corrections
An injustice to one is an
injustice to all…Dr. MLK
U.S. Supreme Court Cases
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Miranda v. Arizona
384 U.S. 436
Strickland v. Washington
466 U.S. 668
Brady v. Maryland
373 U.S. 83
Manson v. Braithwaite
432 U.S. 98
Daubert v. Merrill Dow
Pharmaceuticals
509 U.S. 579
Justice Delayed is Justice Denied:
NY Cases of Wrongful Execution
Recent Success Story
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YouTube - "12 Years Taken From
Me": Help End Wrongful Convictions
View the interview of Herman Atkins,
a recent California exoneree
N.B. This make take a few minutes
to load.
Ronnie Taylor-Free man 10-09-07
Ronnie Taylor Exoneration
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Convicted of forcible Rape in 1995
Houston Cr/Lab Expert testified in error:
Biological evidence was “not found” on
victim’s bed sheet
Taylor also misidentified in video line-up
and convicted after jury trial
Post-conviction DNA testing ID another
convicted felon serving on other charges
Houston Cr/Lab cases under review
Epilogue
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After release from prison?
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Life After Exoneration Program
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Compensation for wrongful
convictions
DNA Data Banks:
Double Edge Sword
Innocence Protection Act: A
Gathering Storm for Reform
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Justice for All
Everything you need to know about
passage of this legislation.
Note the Kirk Bloodsworth section,
named for an Innocence Project
Exoneree
Selected Resources
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Actual Innocence
(Barry Scheck, et
al., 2003)
An Innocent Man
(John Grisham,
2005)
In Spite of
Innocence
(Radelet, et al.,
1992)
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The Innocence
Project
Life After
Exoneration
Truth in Justice
The Center for
Public Integrity