Convicted But Innocent

Most of us likely sleep easier when we're told that aDNA testing, yet he should never have been convicted
violent criminal terrorizing our neighborhood has beenin the first place. Why was he? A forensic analyst
apprehended. But would we sleep as well if we knewintentionally falsified findings and destroyed evidence.
that that person was actually innocent? Would weShe was eventually fired for forensic fraud, but not
sleep as well if we knew the real criminal was still atbefore she testified in thousands of other cases.
large, just waiting for an opportunity to offend again?Intentional misconduct on the part of police, forensic
And if this criminal wasn't alone but was accompaniedanalysts, prosecutors, and judges is only one reason
by thousands of others?the innocent may be convicted. There's also
Our pleasant slumber has become a nightmare.misidentification by witnesses, lies told by informants
Unfortunately, this nightmare is all too real.and snitches, unreliable laboratory science, poor
Organizations like 'Truth in Justice' and 'The Innocencephysical evidence, and simple incompetence on the
Project' estimate that 5% to 10% of the U.S. prisonpart of defense attorneys.
population is factually innocent of the crimes for whichWe may be inclined to dismiss cases of wrongful
they were convicted. (Figures in other countries areconviction by the assumption that those so convicted
likely to be similar.)must have done something to incriminate themselves,
In mid-2006 the U.S. Department of Justice put thethat if they weren't wholly guilty of the crimes for
population of federal, state, and local jails at about 2.2which they were convicted, they must have been
million. Even using the conservative estimate of 5%,guilty in some related case. We could assure
that would mean more than 100,000 of those areourselves that all we have to do to avoid their fate is
innocent. Again using DOJ figures, 50,000 of thoseto stay out of trouble.
may be serving time for violent crimes they didn'tIf so, we'd be deluding ourselves.
commit.James Curtis Giles was at a restaurant eating dinner
Do the math. For every innocent person behind bars, awith his wife when the home invasion and subsequent
guilty person still walks among us. 50,000 violentrape for which he was convicted occurred.
criminals, with no one pursuing them because, as far asCurtis McCarty had the simple misfortune of being
the authorities--the police and the courts--areacquainted with the person he did not murder, but he
concerned, the crimes they committed have alreadyspent half his life in prison anyway.
been solved with the guilty safely behind bars.These cases, and so many like them, underscore the
To put a face to these figures, consider James Curtisfact that anyone can be wrongfully convicted. Living a
Giles. James served ten years in prison forquiet life and minding your own business is no
aggravated rape, then another ten years as aguarantee of safety ... or justice.
registered sex offender. His true crime? He happenedSo what can you do?
to have a name similar to the man eventually identifiedSupport organizations like 'The Innocence Project' and
as the likely real assailant, James Earl Giles.'Truth in Justice'. Petition your local politicians to enact
Or consider Anthony Capozzi. Anthony served twentylaws and procedures that limit the likelihood of
years in prison for rape while the biological evidencemisidentification or reliance on biased informants or
that could have exonerated him sat forgotten in aunauthenticated forensic testimony. Don't jump on the
hospital drawer.guilty bandwagon that condemns an accused before
Or consider Curtis McCarty who spent twenty-onethere's been a fair trial. And remember that, even after
years in prison--including sixteen years on deatha trial, when the verdict has been read and sentence
row--for murder. He was eventually exonerated byhas been passed, an accused may still be innocent.