The Challenge of Wrongful Convictions

Wrongful convictions are an ugly stain on our criminal justice system; proving them is a daunting challenge. There used to be a time in America when judges and prosecutors declared that no innocent person ever got convicted, that juries never made mistakes, and that a defendant’s guilty plea was a certainty of his or her guilt. But that is no longer true. We know now, especially from DNA evidence, that eyewitnesses make mistakes; that some people, especially youths and vulnerable people, falsely confess; and that a guilty plea may be made by an innocent person to avoid a much harsher penalty if he or she goes to trial. Over the past fifty years, thousands of persons convicted of serious crimes have been exonerated. Wrongful convictions are an ugly stain on our criminal justice system. However, proving the wrongfulness of a conviction is a daunting challenge. — Bennett L. Gershman was a prosecutor in the Manhattan District Attorney’s Office for six years, then in the Attorney General’s Anti-Corruption Task Force for four years. He then became a Professor of Law at Pace University Law School, where he has taught for 50 years. He is considered an expert on Constitutional Law, Evidence, and Professional Ethics. He has written seven books and many hundreds of articles for law and social science journals. His novel, “Law Story,” is being published this summer year. Sunday, September 27 11:00 a.m. 7 Saxon Wood Rd. White Plains, NY