Rising numbers of criminal exonerations point to frequent mistakes

March 22, 2014

Rising numbers of criminal exonerations point to frequent mistakes

Article provided by Law Office of Pettlon & Ginie
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According to the National Registry of Exonerations, there were a record number of exonerations in 2013 in the U.S., the highest number since the organization began tracking them nearly 25 years ago. When a person convicted of a crime is later found to be innocent, he or she may be exonerated -- cleared of the charges and the blame. Unfortunately, by the time a person has been exonerated, he or she may have spent years in jail and suffered the stigma frequently attached to a criminal conviction.

Mistaken arrests too common

False arrests, illegal searches and law enforcement mistakes too often lead to wrongful convictions. The NRE noted that the exonerated criminal convictions were based not just on one mistake, but usually four or five. Nearly two-thirds of wrongful convictions were based on false testimony and perjury and, in one third of the cases, there was no evidence that any criminal activity had ever occurred.

Recently, a teenage boy spent 35 days in jail simply because his name was similar to that of a high school classmate. In that case, the police officer arrested the juvenile after doing the following:
-Improperly identify the suspect
-Making inaccurate statements in investigation reports
-Not using a photo line-up
-Failing to properly document information obtained and actions taken during the investigation

Mistakes and defective investigation methods too often lead to illegal searches and false arrests, which lead to wrongful convictions. Unfortunately, those mistakes may not come to light until much later.

Access to arrest records in Kansas

In Kansas, most police records, search warrants and investigative and arrest reports are available to the public only after obtaining a court order. This can drastically slow down criminal defense efforts for a person accused of a crime. Even questioning the legality of a search can be a long, drawn-out process.

Two years ago, a Kansas couple was subjected to an invasive search of their home, according to the Associated Press. While the police search did not find any evidence of criminal activity -- nor were either of them arrested -- it took until now -- and $25,000 of their own money -- for the couple to obtain copies of the records that allegedly provided the reasons for the search.

Justice for those accused of crimes

At any stage of a criminal investigation, it is important for those accused of crimes to have an experienced criminal defense lawyer on their side. From the time of initial questioning or a search, through hearings, negotiations and trials before a judge or jury, to an appeal of a conviction or exoneration hearing, consult an attorney knowledgeable about criminal defense matters.