Wrongful Convictions

Coerced Confessions

The first factor contributing to the wrongful conviction of innocent persons is the incidence of coerced confessions. A coerced confession can occur when police interrogators begin by encouraging the suspect to feel confident about him- or herself but quickly shift to making the suspect's legal situation seem hopeless. Interrogators might begin by claiming their belief in the suspect's innocence but ultimately explain to the suspect that he or she is looking at prison time, or even execution, unless he or she admits guilt and works out a deal with the district attorney. Because confessions are commonly considered to be the most credible evidence of an individual's guilt, the effect that a coerced confession might have on a person's chance of being wrongfully convicted is significant.

Inadequate Assistance of Counsel

A second factor frequently involved in the wrongful conviction of an innocent person is inadequate representation by counsel during trial. Because many individuals cannot afford to hire an attorney, they are often forced to rely on public defenders to handle their cases. Public defenders frequently possess huge caseloads, a minimal budget with which to prepare defenses for clients, and receive insufficient monetary compensation. For these reasons, many public defenders have neither the resources nor the motivation to prepare an effective and sufficient defense for indigent clients. Some defense attorneys even plead defendants guilty without having properly investigated the case or interviewed the defendants in the case. When defense attorneys fail to make a satisfactory [Page 912]effort to establish their client's innocence, the chance of a wrongful conviction is greatly increased. Because minority individuals are much more likely to be of low socioeconomic status, they are also more likely to be affected by inadequate assistance of counsel. Thus, minority individuals are more likely than their White counterparts to be wrongfully convicted.

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