"Wrongful Convictions - Innocent People in Jail" Barb Brink, Board President The Alaska Innocence Project

Transcription

1 "Wrongful Convictions - Innocent People in Jail" Barb Brink, Board President The Alaska Innocence Project

2 P.O. BOX ANCHORAGE, ALASKA (907) Bill Oberly, Executive Director

3 The United States has the highest documented incarceration rate in the world. At year-end 2015 it was 716 adults incarcerated per 100,000 population. International Centre for Prison Studies. 1st Floor, The Merchant Centre, 1 New Street Square, London EC4A 3BF. Tel +44 (0)

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5 The stats source is the World Prison Population List. 8th edition. Prisoners per 100,000 population See also:

6 At year-end 2010: The United States had less than 5% of the world's population (according to the U. S. Census Bureau) and 23.4% of the world's adult prison and jail population. Walmsley, Roy (2016) World Prison Population List, 11 th Edition.

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8 It is the length of sentences that truly distinguishes American prison policy. The number of sentences imposed in the United States would not put it at the top of the incarceration lists. In annual admissions to prison per capita, several European countries outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher. Wills, Susan, the New York Times, 04/02/08

9 In recent decades the U.S. has experienced a surge in its prison population, quadrupling since 1980, partially as a result of mandatory minimums, three strikes laws, and eliminating parole and probation that came about during the war on drugs.

10 VIOLENT CRIME Only 8% of federal prisoners are incarcerated for violent crimes. Only 52% of state prisoners are incarcerated for violent crimes. Violent crime and property crime have declined since the early 1990s. West, Heather; Sabol, William (December 2010). Bureau of Justice Statistics.

11 WHAT ABOUT ALASKA? Out of 5,036 incarcerated individuals, only 1356 were incarcerated for crimes against PEOPLE. 37% The remainder were incarcerated for drugs, alcohol, property crimes. 63%

12 OVER 2,266,800 adults were incarcerated in U.S. federal and state prisons, and county jails at year-end 2010 about.7% of adults in the U.S. resident population

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15 WHAT ABOUT ALASKA?

16 And let s not forget the children: According to the U. S. Office of juvenile Justice and delinquency Prevention (OJJDP) There were 86,927 juveniles in juvenile institutions in 2007.

17 DISPROPORTIONATE MINORITY IN USA: CONFINEMENT Black in US population = 12.6% Black in jail = 39.4% Hispanic in US population = 16% Hispanic in Jail = 20.6%

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19 IN ALASKA Alaska Native by Population: 16% Alaska Native in Jail: 35.6% Offender Profile AK DOC 2015

20 Q. How many innocent people are there in prison? Recent studies estimate that between 2.3% and 5% of all prisoners in the U.S. are innocent : If just 1% of all prisoners are innocent, that would mean that more than 24,000 innocent people are in prison; If 5% of all prisoners are innocent, that would mean 120,000 innocent people are in prison.

21 WHAT ABOUT ALASKA? Alaska has approximately 5000 people in prison: 50 1% would be innocent people in prison; 250 5% would be innocent people in prison.

22 FOUNDERS OF THE FIRST INNOCENCE PROJECT IN NEW YORK BARRY SCHECK PETER NEUFELD

23 The Innocence Project was founded at Benjamin N. Cardozo School of Law at Yeshiva University in 1992, and became an independent nonprofit organization (still closely affiliated with Cardozo) in 2004.

24 WHY IN 1992? DNA British Geneticist Alec Jeffreys developed a method for isolating and making images of DNA in Evidence can now be uncovered that was not scientifically possible at the time of the original examination.

25 What is DNA? Deoxyribonucleic acid (DNA) is a molecule that contains genetic information. It is found in an organism s cells and is the blueprint for that organism s functions. DNA can be found in many biological materials because it is contained in every organism s cells. In criminal cases, DNA is often found in biological evidence including blood, saliva, sweat, semen, hair, and skin. Each person s genetic code is inherited and unique, so each DNA profile is distinct (except in identical twins).

26 WHERE IS DNA? Several tests have been developed that can find DNA profiles in biological evidence. For example, if an intruder cuts himself on a window while committing a burglary, forensic scientists would try to obtain a DNA profile from the blood on the window. That profile could then be compared to the profile of any suspect.

27 TYPICAL SOURCES OF DNA AT A CRIME SCENE A weapon, such as a baseball bat, fireplace poker or knife, which could contain sweat, skin, blood or other tissue A hat or mask, which could contain sweat, hair or dandruff A facial tissue or cotton swab, which could contain mucus, sweat, blood or earwax A toothpick, cigarette butt, bottle or postage stamp, all of which could contain saliva A used condom, which could contain semen or vaginal or rectal cells Bed linens, which could contain sweat, hair, blood or semen A fingernail or partial fingernail, which could contain scraped-off skin cells

28 TOUCH DNA Touch DNA is used to process an item someone has touched. Because we are constantly shedding skin cells, when we touch something, we leave skin cells behind. Even if suspects leave only 6-8 skin cells from the outermost layer of their skin, scientists can use those cells to develop a DNA profile. With Polymerase Chain Reaction (PCR) analysis, scientists can take a small sample of skin cells and make as many copies of the DNA as they need to perform their analysis. This process provides a highly specific genetic portrait of the person profiled.

29 HOW IS DNA COLLECTED? They place it in a paper bag or envelope Try to keep biological materials at room temperature They label the bags with information about what the material is, where it was found and where it will be transported. These are chainof-custody procedures.

30 HOW IS DNA TESTED? Restriction fragment length polymorphism (RFLP) analysis was one of the first forensic methods used to analyze DNA. It analyzes the length of strands of DNA that include repeating base pairs. These repetitions are known as variable number tandem repeats (VNTRs) because they can repeat themselves anywhere from one to 30 times.

31 RFLP analysis requires investigators to dissolve DNA in an enzyme that breaks the strand at specific points. The number of repeats affects the length of each resulting strand of DNA. Investigators compare samples by comparing the lengths of the strands. RFLP analysis requires a fairly large sample of DNA that hasn't been contaminated with dirt.

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33 New School Short tandem repeat (STR) analysis. This method offers several advantages, but one of the biggest is that it can start with a much smaller sample of DNA. Scientists amplify this small sample through a process known as polymerase chain reaction, or PCR. PCR makes copies of the DNA much like DNA copies itself in a cell, producing almost any desired amount of the genetic material.

34 Gel Scientists mix in fluorescent compounds that attach themselves to 13 specific locations on the DNA and give a highly specific genetic portrait of that person. The whole process takes a few days, and forensic labs are often backed up analyzing data from other cases. These 13 locations were carefully chosen because they are highly variable between people and do not give away any specific information, such as race, gender, personal health or genetic disease.

35 The U. S. Standard The Federal Bureau of Investigation (FBI) has chosen 13 specific STR loci to serve as the standard for DNA analysis. The likelihood that any two individuals (except identical twins) will have the same 13-loci DNA profile can be as high as 1 in 1 billion or greater.

36 MITOCHONDRIAL DNA TESTING Mitochondrial DNA testing looks for profiles from another kind of DNA that is found in mitochondria, small bodies that are found in cells and store their own kind of DNA. Mitochondrial DNA profiles are different, in that they are shared by people with the same mother and are passed down matrilineally, i.e. siblings with the same mother would exhibit the same mitochondrial DNA profile. Good for old or degraded samples. COLD CASE

37 Y-CHROMOSOME STR TESTING Y-STR testing allows scientists to target only the DNA left by male contributors. This ability to target only male DNA can play a crucial role in cases with mixed sex samples or multiple male profiles, as Y-STR results can also help determine how many male contributors there are in any given sample.

38 THE TEST: COMPARISONS WITH KNOWN SAMPLES Inclusions -- If the suspect's DNA profile matches the profile of DNA taken from the crime scene, then the results are considered an inclusion or nonexclusion. In other words, the suspect is included (cannot be excluded) as a possible source of the DNA found in the sample. Exclusions -- If the suspect's DNA profile doesn't match the profile of DNA taken from the crime scene, then the results are considered an exclusion or noninclusion. Exclusions almost always eliminate the suspect as a source of the DNA found in the sample.

39 Inconclusive results -- Results may be inconclusive for several reasons. For example, contaminated samples often yield inconclusive results. So do very small or degraded samples, which may not have enough DNA to produce a full profile.

40 CODIS The federal DNA databank, called the Combined DNA Index System (CODIS), contains the DNA profiles collected in state and territory databases (except for those only arrested), as well as those of certain federal offenders. Each state also maintains its own database, determining for itself what criminal convictions require DNA profile collection. Some databases include those arrested but not convicted of crimes, which is the subject of considerable debate.

41 POSTCONVICTION EXONERATIONS There have been 337 post-conviction DNA exonerations in United States history. Seventeen people had been sentenced to death before DNA proved their innocence and led to their release. Since 2000, there have been 272 exonerations

42 The average sentence served by DNA exonerees has been 14 years. The total number of years served is approximately 3,800.

43 70 About percent of those exonerated by DNA testing are members of minority groups Races of the 289 exonerees: 180 African Americans 82 Caucasians 21 Latinos 2 Asian American 4 whose race is unknown

44 EXONERATION FACTS In almost 40 percent of DNA exoneration cases, the actual perpetrator has been identified by DNA testing. Exonerations have been won in 38 states and Washington, D.C.

45 22 percent of cases closed by the Innocence Project since 2004 were closed because of lost or missing evidence.

46 WHAT ARE THE LEADING CAUSES OF WRONGFUL CONVICTIONS?

47 EYEWITNESS MISIDENTIFICATION TESTIMONY A factor in nearly 70 percent of postconviction DNA exoneration cases in the U.S., making it the leading cause of these wrongful convictions.

48 IMPROPER FORENSIC SCIENCE 51 percent of wrongful convictions later overturned by DNA testing Hair microscopy, bite mark comparisons, firearm tool mark analysis and shoe print comparisons ALL discredited National Academy of Sciences Report August 2009

49 FALSE CONFESSIONS Occur in approximately 25 percent of exoneration cases. In 35 percent of false confession or admission cases, the defendant was 18 years old or younger and/or developmentally disabled. Twenty-two of the first 265 DNA exonerees pled guilty to crimes they did not commit.

50 INFORMANTS contributed to wrongful convictions in 15 percent of cases

51 INADEQUATE REPRESENTATION A trail of sleeping, drunk, incompetent and overburdened defense attorneys.

52 GOVERNMENT MISCONDUCT Negligence Recklessness Deliberate Misconduct

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54 Which Factors Wrongfully Convicted the Fairbanks Four?