Policy

Innocence

The death penalty carries the inherent risk of executing an innocent person. Since 1973, at least 200 people who were wrongly convicted and sentenced to death in the U.S. have been exonerated.

DPI Database: Innocence Database

DPI Database: Innocence Database

A Death Penalty Information Center database of every death-row exoneration since 1972. For every 8 people executed in the United States, one person wrongfully condemned to death has been exonerated.

DPI Analysis: What Lies Behind Wrongful Convictions

DPI Analysis: What Lies Behind Wrongful Convictions

The Most Common Causes of Wrongful Death Penalty Convictions: Official Misconduct and Perjury or False Accusation

Overview

Given the fal­li­bil­i­ty of human judg­ment, there has always been the dan­ger that an exe­cu­tion could result in the killing of an inno­cent per­son. Nevertheless, when the U.S. Supreme Court held the admin­is­tra­tion of the death penal­ty to be uncon­sti­tu­tion­al in 1972, there was bare­ly any men­tion of the issue of inno­cence in the nine opin­ions issued. Although mis­takes were sure­ly made in the past, the assump­tion pre­vailed that such cas­es were few and far between. Almost every­one on death row was surely guilty.

However, as fed­er­al courts began to more thor­ough­ly review whether state crim­i­nal defen­dants were afford­ed their guar­an­teed rights to due process, errors and offi­cial mis­con­duct began to reg­u­lar­ly appear, requir­ing retri­als. When defen­dants were now afford­ed more expe­ri­enced coun­sel, with fair­ly select­ed juries, and were grant­ed access to sci­en­tif­ic test­ing, some were acquit­ted and released. Since 1973, 200 for­mer death-row pris­on­ers have been exon­er­at­ed of all charges relat­ed to the wrong­ful con­vic­tions that had put them on death row.
 

At Issue

It is now clear that inno­cent defen­dants will be con­vict­ed and sen­tenced to death with some reg­u­lar­i­ty as long as the death penal­ty exists. It is unlike­ly that the appeals process — which is main­ly focused on legal errors and not on fac­tu­al deter­mi­na­tions — will catch all the mis­takes. Reforms have been begrudg­ing­ly imple­ment­ed, increas­ing both the costs and the time that the death penal­ty con­sumes, but have not been suf­fi­cient to over­come human error. The pop­u­lar­i­ty and use of cap­i­tal pun­ish­ment have rapid­ly declined as the inno­cence issue has gained atten­tion. The remain­ing ques­tion is how many inno­cent lives are worth sac­ri­fic­ing to pre­serve this punishment.

What DPIC Offers

DPI has led the way in high­light­ing the issue of inno­cence. Its list of exon­er­at­ed indi­vid­u­als is pre­sent­ed in a search­able data­base, with links to more com­plete descrip­tions of each case. DPI has issued a series of reports on this issue, col­lect­ing the lat­est infor­ma­tion on why so many mis­takes occur. It also fol­lows the relat­ed ques­tions of whether inno­cent indi­vid­u­als have already been exe­cut­ed and whether some defen­dants are in fact inno­cent, despite not being com­plete­ly exon­er­at­ed in the eyes of the law.

News & Developments


News

Mar 12, 2025

Courts Put Upcoming Texas, Louisiana Executions on Hold

On March 11, in sep­a­rate deci­sions, a fed­er­al court in Louisiana and the Texas Court of Criminal Appeals (TCCA) stayed the upcom­ing exe­cu­tions of David Wood (sched­uled for exe­cu­tion in Texas on March 13) and Jessie Hoffman (sched­uled for exe­cu­tion in Louisiana on March 18). In Mr. Wood’s case, the TCCA grant­ed a stay of exe­cu­tion to allow the state more time to address the eight claims Mr. Wood assert­ed in his state habeas claim. In Mr. Hoffman’s case, the U.S. District Court for the Middle…

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News

Mar 05, 2025

Public Officials and Advocates Respond to SCOTUS’ Decision to Overturn Richard Glossip’s Conviction

In the wake of the U.S. Supreme Court’s deci­sion to vacate Richard Glossip’s 2004 death sen­tence, pub­lic offi­cials and advo­cates have expressed strong reac­tions. Oklahoma Attorney General Gentner Drummond acknowl­edged the sig­nif­i­cance of the rul­ing, stat­ing,​“Our jus­tice sys­tem is great­ly dimin­ished when an indi­vid­ual is con­vict­ed with­out a fair tri­al, but today we can cel­e­brate that a great injus­tice has been swept away.” While main­tain­ing his belief that Mr.

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News

Mar 03, 2025

Alabama Governor Grants Clemency to Robin Rocky’ Myers, Sparing Him from Execution

On February 28, 2025, Alabama Governor Kay Ivey com­mut­ed the death sen­tence of Robin​‘Rocky’ Dion Myers to Life Without Parole (LWOP). Myers was con­vict­ed in the 1991 mur­der of Ludie Mae Tucker in Decatur, Alabama. His jury rec­om­mend­ed that he be sen­tenced to LWOP, but the judge in his case over­rode the jury’s rec­om­men­da­tion and hand­ed down a death sen­tence. The prac­tice of judi­cial over­ride was abol­ished in Alabama in 2017. In her state­ment, Gov. Ivey repeated her…

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News

Feb 25, 2025

U.S. Supreme Court Rules Prosecutors Violated Ethical Responsibilities in Richard Glossip’s Case, Orders a New Trial

In a 5 – 3 deci­sion issued in Glossip v. Oklahoma on February 25, 2025, the United States Supreme Court threw out Richard Glossip’s 2004 con­vic­tion for arrang­ing the mur­der of Barry Von Treese and ordered a new tri­al because pros­e­cu­tors allowed a key wit­ness to lie in court and with­held cru­cial infor­ma­tion about the same wit­ness. Justice Sonya Sotomayor, writ­ing for the major­i­ty, said that pros­e­cu­tors in Mr. Glossip’s case​“vio­lat­ed [their] constitutional…

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