In a recent studyopens in new window published in Law and Human Behavior, Kyle C. Scherr and Christopher J. Normile analyzed data from murder related cases that were cataloged in the National Registry of Exonerations and found that false confession evidence was associated with a meaningful delay between when the wrongly convicted individual was released from prison and when they were officially exonerated. Although often referred to interchangeably, being released from prison and being officially exonerated are two unique legal events. The findings suggest that a significant negative consequence of false confession evidence may be its influence on the delay between when an individual is released from prison and when they are officially exonerated.
According to the National Registry of Exonerations, over 3,300 individuals have been exonerated of a wrongful conviction since 1989, and over a third of the catalogued exonerations are for murder and murder-related charges (i.e., attempted murder and accessory to murder). Scherr and Normile analyzed data from the National Registry of Exonerations for cataloged exonerations of those who had been wrongly convicted of murder, attempted murder, and accessory to murder. In their analyses, they examined how certain specific factors associated with wrongful convictions (i.e., false confessions, faulty or misleading forensic evidence, inadequate legal defense, mistaken eyewitness identification, official misconduct, and perjury) and other relevant factors (e.g., the involvement of DNA or being on death row) were related to the length of the delay between when individuals were released from prison and when they were officially exonerated. Cases that involved a false confession were associated with a meaningful delay between being released from prison and achieving official exoneration. The relationship remained when accounting for the other relevant factors studied.
Delays between being released and being officially exonerated can undermine individuals’ well-being. One reason for this is that these individuals often live with the fear of being retried. In addition, the delay may preclude them from accessing reintegration aids, such as financial compensation and housing assistance, when the aid programs disallow people with a conviction on their record from receiving assistance. Scherr and Normile argue that future research should examine how the decision-making processes and judgments of legal actors influence trajectories leading to release and exoneration. Among the strategies they suggest for reducing the injustices experienced by people who have been wrongly convicted on the basis of a false confession is building public awareness of both the process leading to false confessions and the long-term consequences of false confession evidence through documentaries, popular press outlets, and other easily accessible and digestible mediums.
This article is in the Forensic Psychology topic area. View more articles in the Forensic Psychology topic area.