Policy Issues

Innocence

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

DPIC Database: Innocence Database

DPIC Database: Innocence Database

A Death Penalty Information Center database of every death-row exoneration since 1972.

DPIC Analysis: Causes of Wrongful Convictions

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, 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

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

Oct 11, 2024

French and German Embassies Host a Discussion on Innocence and the Death Penalty

On October 11, 2024 the Embassies of France and Germany host­ed a dis­cus­sion on the ques­tion of inno­cence and the death penal­ty at the res­i­dence of the French Ambassador in Washington, D.C. Panelists includ­ed Herman Lindsey, a death row exoneree and Executive Director of Witness to Innocence; Vanessa Potkin, Director of Special Litigation at the Innocence Project; and Emmjolee Mendoza Waters, Director of the Death Penalty Abolition Program at Catholic Mobilizing Network. The approx­i­mate­ly 75

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News

Oct 09, 2024

A Meaningless Ritual”? U.S. Supreme Court Agrees to Decide Whether Ruben Gutierrez Can Challenge Texas DNA Testing Procedures to Prove His Innocence

On Friday, October 4, the Supreme Court agreed to hear argu­ments in Gutierrez v. Saenz, a case regard­ing death-sen­tenced Texas pris­on­er Ruben Gutierrez’s abil­i­ty to sue the state for DNA test­ing in sup­port of his inno­cence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twen­ty min­utes before his sched­uled exe­cu­tion. Mr. Gutierrez was con­vict­ed and sen­tenced to death in 1999 for the mur­der and rob­bery of an 85-year-old woman but has long main­tained his innocence.

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News

Oct 01, 2024

Citing Misconduct, Japanese Court Formally Exonerates Iwao Hakamada of 1966 Murder After 46 Years on Death Row

On September 26, 2024, a Japanese court for­mal­ly acquit­ted 88-year-old Iwao Hakamada (pic­tured), who was wrong­ful­ly sen­tenced to death in 1968 for the mur­der of his for­mer boss and fam­i­ly in Shizuoka, Japan. After 46 years on death row, and anoth­er decade of lit­i­ga­tion, Judge Kunii Tsuneishi of the Shizuoka District Court ruled that blood-stained cloth­ing used to con­vict Mr. Hakamada was fab­ri­cat­ed long after the mur­ders. The court can­not accept the fact that the blood stain would remain…

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News

Sep 24, 2024

Missouri Supreme Court and Governor Reject Innocence Claims and Refuse to Pause Execution for Marcellus Williams

On September 23, 2024, the Missouri Supreme Court heard oral argu­ments on the joint motion by Marcellus Williams’ legal team and St. Louis County Prosecuting Attorney (PA) Wesley Bell to over­turn a low­er court’s deci­sion reject­ing Mr. Williams’ appeal. Later the same day, the state supreme court unan­i­mous­ly denied the motion, stat­ing that there was no cred­i­ble evi­dence of actu­al inno­cence or any show­ing of a con­sti­tu­tion­al error under­min­ing con­fi­dence in the orig­i­nal judg­ment.” Also the same…

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News

Sep 20, 2024

Dismissing Codefendant’s Last-Minute Admission that Khalil Allah Was Not Present at the Crime Scene, South Carolina Supreme Court Clears Way for Today’s Execution

On September 19, 2024, attor­neys for Khalil Allah, for­mer­ly known as Freddie Eugene Owens, filed an emer­gency motion for a stay of exe­cu­tion after receiv­ing a signed affi­davit from his code­fen­dant in the 1997 shoot­ing death of Irene Graves that Mr. Allah was not present” dur­ing the crime. Just two days ahead of Mr. Allah’s sched­uled exe­cu­tion, Steven Golden, who was also charged in Ms. Graves’ death, recant­ed his tri­al tes­ti­mo­ny and said that Mr. Allah is not the per­son who shot Irene…

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