No one wants to believe that our justice system fails innocent people. However, wrongful convictions happen at an alarming rate. The rate of wrongful convictions could be as high as ten percent in the United States. Therefore, thousands of people who do not belong there could be in prison right now. Our Chicago civil rights attorneys fight diligently to prevent wrongful convictions.
Why Do Wrongful Convictions Occur?
There are many reasons for wrongful convictions. Five of the most common reasons for a wrongful conviction include:
Errors Made by Eyewitnesses
Eyewitness testimony is used in many criminal trials. A person testifies that they witnessed the defendant committing the crime. Unfortunately, a person’s memory may not be as strong as they believe.
It is easy to make a mistake when identifying a suspect. But, unfortunately, that mistake could result in a wrongful conviction.
Judicial Errors
Judges are not immune to making mistakes. For example, a judge may allow testimony or other evidence that should be inadmissible because it was recovered through illegal means. In addition, a judge may make an error interpreting the law. Judicial errors can result in the decision being overturned on appeal.
Forensic Errors and Mistakes
Criminal investigations rely heavily on forensic measures to gather evidence. The prosecution may call one or more forensic experts to the stand to explain why the evidence links the defendant to the crime. Mistakes gathering and processing evidence could produce inaccurate results leading to a wrongful conviction.
Misconduct
There are many chances for misconduct to lead to a wrongful conviction. Law enforcement officers, witnesses, investigators, prosecutors, and other parties related to the case can tamper with or destroy evidence. Getting rid of evidence that supports a not-guilty verdict results in wrongful convictions.
Fabricating evidence is another way that parties can ensure that a person is found guilty of a crime they did not commit. For example, law enforcement or other parties may “plant” evidence to provide probable causes for searches and seizures at a crime scene.
Other examples of wrongdoing include but are not limited to coercing false confessions, witness tampering, perjury, substandard expert testimony, and prosecutorial misconduct.
Poor Legal Representation
Having competent legal representation is essential when fighting criminal charges. If you do not have an experienced criminal defense attorney, you could lose your case before you step inside a courtroom.
Unfortunately, many public defenders are overworked, understaffed, and inexperienced. Many of these attorneys are well-intentioned, but they lack the skills, resources, and experience necessary to fight cases involving wrongdoing and misconduct. Hiring an experienced civil rights attorney may be the best chance you have of exposing wrongdoing and misconduct that could lead to a wrongful conviction.
Contact Our Chicago Civil Rights Attorneys for Help
When wrongful convictions occur because of misconduct in the judicial system or law enforcement agencies, an exonerated victim may be entitled to compensation for a wrongful conviction. Unfortunately, money cannot compensate you for the lost years or the damage to your reputation, but it can help you put your life back together.
Contact our Chicago civil rights attorneys to discuss how to help a family member who was wrongfully convicted and pursue a civil action for wrongful conviction. Our lawyers are ready to fight to help you fight for the justice you deserve.