Wrongful Convictions Happen
The National Registry of Exonerations has recorded thousands of exonerations since 1989 and recent studies estimate that 4% to 6% of individuals in U.S. prisons are wrongfully convicted.
- Over 1 million people are currently incarcerated in the US.
- Between 2% and 10% of convicted individuals are innocent.
- 2,666 people have been exonerated in the US since 1989.
- Innocent people served more than 23,950 years in prison so far.
- Of 100 people on death row, 4 are likely innocent – Only 2 will be exonerated.
The Causes Have Been Identified
Misapplied Forensics
The National Registry of Exonerations reports that misapplied forensic science has contributed to over half of wrongful convictions since 1989.
Weak or Ineffective Defense
Weak or ineffective defense strategies are cited as the leading contributing factor.
Wrongful Convictions Involving Digital Evidence
With over 90% of criminal cases now involving digital evidence and 11 million people passing through the justice system each year, wrongful convictions in these cases occur more frequently than is currently acknowledged.
The lack of technical understanding and proper data tracking—especially in post-conviction reviews—contributes to this overlooked issue.
Our research of the registry identified numerous exonerated cases involving digital evidence dating back to 1997, but these are not being tracked because digital evidence has yet to be categorized as a misapplied forensic science.
Causes of Wrongful Convictions with Digital Evidence
Our study identified a higher number of wrongful convictions resulting from the misapplication of cell site location data and a weak, ineffective defense.
The Role of Digital Evidence in the Future of Wrongful Convictions
AI/Facial Recognition
There are at least seven confirmed cases of misidentification due to unreliable facial recognition technology, six of which involve Black individuals who were wrongfully accused and reported it.
Understanding Wrongful Convictions Resulting from Digital Evidence
When it comes to wrongful convictions, most people think of DNA, but according to the National Registry of Exonerations, only 21% of exonerations involved DNA evidence.
Since 1989, 2,706 people have been freed due to misapplied forensic science, compared to 570 cases involving DNA.
Leading Cause: Misapplied Forensic Science
According to the National Registry of Exonerations, misapplied forensic science has contributed to more than half of wrongful convictions since 1989.
“Misapplied forensic science is the leading cause of wrongful convictions”
Misapplied Forensic Science: Key Issues
According to the Innocence Project, “misapplied forensic science occurs when forensic science practitioners:”
- Provided misleading testimony
- Exaggerated connections between the crime scene evidence and accused
- Mischaracterized exculpatory results as inconclusive
- Downplayed the limitations of the forensic science method used
- Made mistakes when performing methods in a laboratory
- Fabricated results or hidden exculpatory evidence
Unreliable Forensic Science Methods
The following methods were once widely accepted and used to secure convictions that have now been found to be unreliable.
- Bite mark analysis
- Hair comparisons
- Tool mark evidence
- Arson investigation
- Fingerprint analysis
- Dog scent evidence
- Comparative bullet lead analysis
- Shaken baby syndrome diagnosis
- Bloodstain pattern analysis
Role of Digital Forensics in Criminal Defense
Digital forensics is a discipline within forensic science that involves the process of creating an exact copy of digital evidence without altering the original data.
Like other forensic sciences, it requires a quality management system, specialized training, and specific equipment.
Digital evidence has been used by law enforcement since 1989, and currently, 90% of criminal cases nationwide involve some form of digital evidence.
Misapplied Digital Forensics: A Hidden Threat
Misapplied forensic methods are a leading cause of wrongful convictions, and with digital evidence playing a central role in criminal cases for over two decades—now comprising more than 90% of cases nationwide—digital forensics has the potential to contribute to wrongful convictions both in the past, present, and future.
Key Factors Contributing to Wrongful Convictions
The leading contributing factor to wrongful convictions is a weak or ineffective defense that lacks parity in resources, technology, and training compared to what is available to law enforcement.
Weak Defense: A Key Factor in Wrongful Convictions
According to the Bureau of Justice Statistics about 80% of those charged with a felony rely on court appointed counsel that is underfunded and limited capacity
Underfunded Public Defenders
National assessment studies show that public defenders are underfunded and face unreasonably high work expectations, operating on average at about 66% capacity.
Limited Capacity of Public Defense Services
Lack of resources and parity means that the majority of public defenders are not able to refute digital evidence introduced by the prosecution or mount a strong technology-based defense.
Inequity in Justice: Lack of Resources for Public Defenders
According to the Innocence Project, “Many of the 245 people exonerated through DNA testing were represented by public defenders or appointed attorneys.”
Who Suffers Most from Wrongful Convictions
People who rely on the services of public defenders are most at risk, caught between the dual forces of misapplied forensic science and weak or ineffective defense.
According to the Innocence Project, more than 60% of their clients had been represented by public defenders, and 68% of those exonerated were minorities.
At Risk: The Scope of Wrongful Convictions
The number of people exonerated due to digital evidence is unknown because it is not systematically tracked, but wrongful convictions still occur in cases involving digital evidence from over 20 years ago.
According to the Bureau of Justice Statistics, approximately 2 million people are arrested and charged with a serious crime each year, and 80% of these individuals rely on court-appointed counsel.
Wrongful convictions could affect a significant number of people, highlighting the need for post-conviction review in cases involving digital evidence.
Prevention and Awareness of Wrongful Convictions
- We share technical knowledge and resources to strengthen public defense, while continuously identifying advancements in digital forensic technology and innovative techniques that can be applied to older technologies to uncover new evidence.
- Raise awareness about the causes of wrongful convictions in cases involving digital evidence.
- Highlight the need for early assistance of counsel to preserve time-sensitive digital evidence.
- Promote a national standard for training defense attorneys and investigators.
- Provide resources to public defenders to prevent wrongful convictions and establish a pathway to post conviction relief in cases involving digital evidence.
Conclusions
People relying on public defenders are particularly vulnerable due to the combination of flawed forensic science and ineffective defense.
This disparity in resources contributes significantly to wrongful convictions, with many exonerated individuals having been represented by under-resourced public defenders.
Solutions
The Need for Post-Conviction Review
The failure to systematically track wrongful convictions involving digital evidence means that many cases remain unresolved, and opportunities for rectifying past mistakes are missed.
To prevent future wrongful convictions, it is vital to establish comprehensive post-conviction reviews of cases involving digital evidence, particularly as forensic methods continue to evolve.
Establishing a Nationwide Standard
Public defenders need greater resources, training, and parity in technology to effectively counter digital evidence presented in court. This includes establishing a nationwide standard for training in digital forensics for defense attorneys and investigators.
Raising awareness, promoting early intervention to preserve digital evidence, and implementing national standards are essential steps in preventing wrongful convictions and ensuring justice for those wrongfully convicted due to digital evidence.
