What Are the Leading Causes of Wrongful Criminal Convictions in Texas?
Texas has one of the highest incarceration rates in the world. No country locks up more people than the United States of America, and, among the fifty states, Texas has the 7th highest incarceration rate. Worse, many people who get locked up in prison are innocent, even in places like Travis County, Hays County, and Williamson County.
Once someone has been convicted, guilty or not, the only way to fight for freedom is through an appeal or writ of habeas.
Finding a proven criminal defense attorney in Austin who has extensive experience successfully overturning convictions, such as Chris Perri, is key. Perhaps you are wondering: how does this happen? What are the leading causes of wrongful criminal convictions in Texas? According to The Innocence Project, an important criminal justice advocacy group, below are the four most common reasons why innocent people end up behind bars:
Eyewitness misidentification
Eyewitness misidentification is the single greatest cause of wrongful convictions. We know this because, very often, DNA evidence found later is able to prove a witness’s testimony to be inaccurate.
Usually, eyewitnesses are not trying to lie, but are mistaken because, for example, perhaps after viewing a lineup of suspects, they feel pressured to make a choice and then stick to it. Or sometimes, a case is very old, and it’s difficult for a witness to remember exactly how the defendant appeared or to know how they’d appear now.
Still, confident eyewitness testimony can be very convincing to jurors, even though we all know memory is flawed. A skilled criminal defense lawyer can help counteract inaccurate eyewitness testimony.
Improper forensics
Improper forensics – which is poorly conducted or presented science – is another contributing factor. If a seemingly credible expert, such as a scientist or doctor, gets on the stand and spouts out questionable information, juries often trust them simply due to their background and credentials.
Furthermore, the mishandling of scientific evidence can lead to major problems. Take, for instance, when mistakes at the DNA Lab in Austin put the credibility of nearly 5,000 convictions in question. Though forensic science has come a long way, it is still administered and analyzed by humans, and thus, there is room for human error. Defense lawyers can counter shoddy forensics by presenting experts of their own.
False confessions
False confessions are another leading cause of wrongful convictions. It can be hard to believe, but many innocent people confess to crimes they did not commit. This is especially true with children, adolescents, and those with mental disabilities.
Why do innocent people admit guilt? The reasons vary, but duress, coercion, confusion, or fear of a harsher sentence if they don’t plea are some of the most common ones. Getting arrested can be terrifying, especially if you fear the police or prosecution have already pegged you as guilty. Hiring a zealous criminal defense attorney can help you fight back and clear your good name.
Incentivized informants – also known as “snitches”
Snitches are the fourth most common cause of bad convictions, and it’s easy to understand why. If a witness is paid to testify or is offered something in exchange, such as release from prison or a reduced sentence, they will often say anything, even offering information that is untrue. The informant is motivated to say what the prosecution wants to hear. An capable lawyer can expose this dynamic.
Other factors
Many other factors contribute to wrongful criminal convictions in Texas, such as:
False reporting
Withheld evidence
Bias and prejudice
Corruption
The best way to avoid a wrongful conviction is to have a zealous criminal defense attorney by your side from the beginning. That said, if you do find yourself or a loved one wrongfully convicted, don’t lose hope. An award-winning attorney with over 15 years of experience practicing federal and Texas law in Travis County, Hays County, Williamson County, Burnet County, Bastrop County, and all across the state, Chris Perri has successfully reversed convictions through both Appeals and Writs.
Whether you’ve just been arrested or convicted of a crime, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com for a FREE consultation today.