
DPIC Database: Innocence Database
A Death Penalty Information Center database of every death-row exoneration since 1972.

DPIC Analysis: Causes of 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, 195 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
DPIC 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. DPIC 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
Sep 08, 2023
Former Oregon Death Row Prisoner Freed 2 Years After Reversed Conviction, 194th Death Row Exoneration

On September 5, 2023, Jesse Johnson (pictured) was released from Marion County Jail in Oregon when prosecutors formally declined to retry him for the 1998 murder of Harriet Thompson. Mr. Johnson was convicted of Ms. Thompson’s murder in 2004 and sentenced to death. In asking the Marion County Circuit Court to dismiss the case against Mr. Johnson, the county District Attorney’s office stated that “based upon the amount of time that has passed and the unavailability of critical evidence in this case, the state no longer believes that it can…
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Nov 14, 2023
$9.1 million wrongful conviction settlement for Pennsylvania death row exoneree Walter Ogrod
Death-row exoneree Walter Ogrod’s federal lawsuit against the City of Philadelphia and members of the Philadelphia Police Department was settled for $9.1 million on November 3, 2023. Mr. Ogrod, who was exonerated in 2020 after 23 years on death row, was initially convicted in 1996 based on a coerced confession and false testimony from jailhouse informants in a case further tainted by police and prosecutorial misconduct and inadequate legal representation at trial. In a statement confirming the settlement, officials said “The city remains committed to transparency in the pursuit of…
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Oct 12, 2023
Republican-Led State Legislative Committee Considers Death Penalty Moratorium in Oklahoma
On October 5, 2023, the Oklahoma House Judiciary Criminal Committee met to discuss ongoing concerns regarding the state’s capital punishment system and the possibility of recommending a moratorium on executions. Republican Representative Kevin McDugle (pictured) called for the meeting and is a longtime supporter of the death penalty. He spoke of his increasing concern regarding the possibility of executing an innocent person, particularly citing the case of Richard Glossip, who has long maintained his innocence. At the meeting, Rep. McDugle told his colleagues that “there are cases right now… [of]…
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Oct 02, 2023
Supreme Court Denies Certiorari to Two Death-Sentenced Men with Credible Innocence Claims
On October 2, the first day of its new term, the Supreme Court denied review in two high-profile death penalty cases: Toforest Johnson and Robert Roberson. Both men have long maintained their innocence and have garnered broad bipartisan support for their innocence claims.
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Sep 27, 2023
Former Texas Death Row Prisoner Clinton Young Sues Prosecutor for Misconduct
On September 18, 2023, former Texas death-sentenced prisoner Clinton Young filed a federal civil rights lawsuit in the Western District of Texas, accusing two Midland County district attorneys, the prosecutor on his case, and Midland County itself, for violating his constitutional right to a fair trial. Just four months after his 18th birthday in 2001, Mr. Young and two others, David Page and Darnell McCoy, went on a drug-induced spree that resulted in the deaths of two individuals. In 2003, Mr. Young was sentenced to death for these murders. He…
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Sep 20, 2023
Glynn Simmons Exonerated 48 Years After He Was Sentenced to Death in Oklahoma
Glynn Simmons, who was convicted and sentenced to death in Oklahoma in 1975, has been exonerated after Oklahoma County District Attorney Vicki Behenna dropped charges against him. Mr. Simmons told The Black Wall Street Times, “I’m happy, and I’m free. It’s a long, long struggle. … We need to reimagine justice and how we do it.” DA Behenna said of the case, “One of the things that I stand by very strongly is a defendant’s right to a fair trial, where he has all the evidence to defend himself. That didn’t happen…
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Sep 13, 2023
When Jurors Do Not Agree, Should a Death Sentence Be Imposed?
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors.
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Sep 11, 2023
John Grisham on Robert Roberson: “Texas may execute an innocent man”
In an op-ed for the Wall Street Journal, novelist John Grisham recounts the flawed science that led to the conviction of Robert Roberson (pictured, with his daughter Nikki) and the inadequate legal process that has maintained that conviction. Mr. Roberson was convicted and sentenced to death for the 2002 death of his 2‑year-old daughter Nikki. His conviction relied on a theory of “shaken baby syndrome” that has since been discredited. After a hearing ordered by the Texas Court of Criminal Appeals, a Texas judge rubberstamped a brief submitted by Anderson…
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Aug 31, 2023
Court Ruling Makes Formerly Death-Sentenced Pervis Payne Eligible for Parole in Four Years
On August 30, 2023, the Tennessee Criminal Court of Appeals affirmed a lower court’s ruling that formerly death-sentenced prisoner Pervis Payne can serve his two life sentences concurrently, making him eligible to apply for parole in less than four years. Shelby County Criminal Court Judge Paula Skahan resentenced Mr. Payne in 2022 to two life sentences with the possibility of parole after prosecutors conceded that they could not disprove Mr. Payne’s claim that he is intellectually disabled and therefore ineligible for the death penalty. The state appealed Judge Skahan’s ruling,…
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Aug 29, 2023
Newly Discovered Death Row Exoneration in 1967 Murder Case
Larry Hudson has been added to DPIC’s Descriptions of Innocence page as a newly-discovered death row exoneration. Mr. Hudson was tried and sentenced to death for a robbery-homicide in New Orleans, Louisiana, in 1967, when he was 19 years old. He was exonerated in 1993, when he was 46 years old.
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Aug 11, 2023
After Spending 41 Years in Prison, Former Death Row Prisoner Gary Tyler Debuts First Solo Art Exhibition
Gary Tyler was just 16 years old when he was charged with shooting a white student in 1974 and sentenced to death, a crime that, many witnesses agree, he did not commit. Mr. Tyler, then a sophomore in high school in St. Charles Parish, Louisiana, was riding a school bus that was attacked by a segregationist mob. In the chaos, someone fired a shot that killed a 13-year-old white boy, Timothy Weber. After Mr. Tyler, who is Black, spoke to one of the deputies, he was arrested for allegedly disturbing…
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