Pacific Standard March-April 2013 Cover

A Prescription for Criminal Justice: Embrace Errors, Then Fix Them

Cameron Todd Willingham was executed in 2004 for the 1991 arson murder of his three young children. The arson evidence against him was later debunked.

Scientists are accustomed to a landscape of shifting knowledge, while the justice system prizes certainty. But the criminal justice system, including forensic science, increasingly has been called upon to re-examine past certainties and to revisit what they once believed to be incontrovertible facts. Take “comparative bullet lead analysis,” a technique used since John F. Kennedy’s 1963 assassination that “matches” a bullet or bullet fragments to a box or batch of ammunition manufactured at a specific time and place. The chemical analysis behind it hinged on what proved to be a ... Read More

Why Can’t Law Enforcement Admit They Blow It Sometimes?

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After honor student Stephanie Crowe was stabbed to death in her bedroom in Escondido, California in January 1998, police briefly questioned (and collected clothes from) Richard Tuite, a drug-addicted, mentally ill transient who had been spotted prowling nearby the previous evening and scaring the Crowes’ neighbors. But the first person to get the third degree by detectives was Stephanie’s 14-year-old brother Michael, who weathered 10 hours of grueling interrogation without his parents or attorney present. Michael was told – falsely – that his 12-year-old sister’s blood was found ... Read More

Seeking Second Chances Without DNA

(PHOTO: ILYA ANDRIYANOV/SHUTTERSTOCK)

The most hopeful scenario possible for innocent inmates fighting a wrongful conviction is when DNA testing of existing evidence might be enough to exonerate them. DNA holds out an unparalleled promise of certainty. As far as evidence goes, it’s the gold standard; solid science. Just last month, a Louisiana man became the 300th inmate in the U.S. exonerated by it. Yet DNA evidence plays no role in 90 to 95 percent of criminal convictions and the inmates in such cases' subsequent innocence claims. Often biological evidence simply doesn’t exist. Sometimes it has been badly degraded or has ... Read More

The Right and Privilege of Post-Conviction DNA Testing

Rather than risk executing an innocent, why not permit Death Row inmates to have DNA testing on available biological evidence in their cases? Why not offer access to testing to others convicted of serious non-capital crimes? It’s quicker and cheaper to test than to hold a court hearing to block it. Besides, testing is no “get out of jail free card”—DNA may also corroborate guilt, and may not go far enough to completely establish innocence. Lindsay Herf, DNA Project manager and executive co-director of the Arizona Justice Project, says arguments that expanding access to testing would ... Read More

Litigating Lineups: Why the American Justice System Is Keeping a Close Eye on Witness Identification

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Studies have shown that memory and recall are more fallible than failsafe. That finding undermines eyewitness identifications—a critical prosecution mainstay—revealing them as far more fragile evidence than imagined. Just ask Rickey Dale Wyatt of Dallas, Texas. On January 4, 2012, he was released from prison after serving 31 years of a 99-year sentence for a rape he did not commit. Police were sure that a single rapist had committed a cluster of rapes when they arrested Wyatt for three assaults. The third victim, who had been grabbed from behind and dragged at knifepoint to a ... Read More

Why Fingerprints Aren’t the Proof We Thought They Were

Scientist Nancy Knight documented snowflakes in 1988 while studying cirrus clouds for the National Center for Atmospheric Research. During a Wisconsin snowstorm she found two identical sets of snow crystals – identical under a microscope, at least – giving lie to the old belief that no two snowflakes are alike. That aura of uniqueness also surrounds the arches, loops, and whorls at the tips of our fingers, and to this day most fingerprint examiners remain steadfast that no two fingerprints are exactly alike. “Fingerprint examiners typically testify in the language of absolute ... Read More

Human Lie Detectors: The Death of the Dead Giveaway

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We’ve all been lied to, and most of us have a high opinion of our ability to tell a lie from the truth. Yet research repeatedly shows that confidence to be misplaced and that judges, customs inspectors, and yes, detectives, make lousy lie detectors. Those in law enforcement are trained to “read” body language, affect, facial expressions, mannerisms, and ways of speaking, and to believe that they can trust their gut. They learn that if a suspect averts their gaze, touches their nose, chews a fingernail, strokes the back of their head, slouches or fidgets, they are likely lying and ... Read More

Red Flags: Early Warnings of Wrongful Convictions

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While the law enforcement community widely views American jurisprudence as rich with built-in safeguards, from the right to counsel to the right not to be physically abused by police officers, citizens’ protections aren’t always up to the task. People are sometimes convicted of crimes they didn’t commit. Analyzing the errors that led to wrongful convictions, recurring themes emerge. Steven Drizin, clinical professor at Northwestern University of Law, and cofounder of its Center on Wrongful Convictions of Youth, and social psychologist Richard Leo posit that the errors are ... Read More

A Porn Stash and a False Confession: How to Ruin Someone’s Life in the American Justice System

There’s nothing like seeing a wrongfully convicted prisoner exit a prison gate, perhaps fresh from death row, to put a disquietingly human face on failings in the criminal justice system. Flawed forensic science, decision-makers’ cognitive biases, crime lab contamination, overstated or unverifiable claims for forensic evidence, eyewitness and investigator error, expert witnesses’ exaggerations, problematic interrogation tactics eliciting false confessions, evidence withheld from defendants inadvertently or even deliberately—the list goes on. In May, a study by the Center on Wrongful ... Read More

When Extreme Animal Rights Activists Attack

This is the third of several stories exploring the contentious relationship between the scientific community, which insists animal research is essential to medical progresss, and the animal rights activists working to abolish animal experimentation. Earlier pieces included the effort to shift the debate from sidewalks to courtrooms, and efforts to establish the “personhood” of species like apes and whales. Daniel Andreas San Diego joined Osama bin Laden on the FBI’s “Most Wanted Terrorists” watch list in 2009. Bin Laden is gone, but San Diego remains. Listed as “armed and ... Read More