Policy Issues
Innocence
The death penalty carries the inherent risk of executing an innocent person. Since 1973, more than 170 people who had been wrongly convicted and sentenced to death in the U.S. have been exonerated.
Policy Issues
The death penalty carries the inherent risk of executing an innocent person. Since 1973, more than 170 people who had been wrongly convicted and sentenced to death in the U.S. have been exonerated.
A Death Penalty Information Center database of every death-row exoneration since 1972.
The Most Common Causes of Wrongful Death Penalty Convictions: Official Misconduct and Perjury or False Accusation
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, 185 former death-row prisoners have been exonerated of all charges related to the wrongful convictions that had put them on death row.
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.
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.
Feb 18, 2021
New research by the Death Penalty Information Center has found 11 previously unrecorded death-row exonerations, bringing the total number of people exonerated after being wrongfully convicted and sentenced to death to 185. The data now show that f…
Read MoreFeb 23, 2021
A bipartisan group of legislators has announced the introduction of a bill to repeal Ohio’s death penalty. In a virtual press conference on February 18, 2021, four Republican and four Democratic legislators spoke about the latest effort to end cap…
Feb 15, 2021
NEWS (2/11/21) — Alabama: In a splintered vote with three conservative justices noting their dissents, the U.S. Supreme Court denied the Alabama Attorney General’s application to vacate a …
Feb 12, 2021
Pennsylvania death-row exoneree Christopher Williams (pictured) was released from prison on February 9, 2021, after being exonerated in a second murder case. The second wrongful murder conviction had kept Williams incarcerated aft…
Feb 05, 2021
Lawyers for the daughter of a man executed by Tennessee have asked a state appeals court to permit DNA testing that could prove his innocence. In a virtual hearing before the Tennessee Court of Criminal Appeals on February 3, 2021 (see
Jan 27, 2021
Former lightweight and junior welterweight boxing contender Anthony Fletcher (pictured) has been released from prison, 28 years after he was wrongfully convicted of first-degree murder and sent to Pennsylvania’s d…
Jan 22, 2021
Lawyers for Tennessee death-row prisoner Pervis Payne say DNA testing in his 30-year-old case points to an “unknown male” and excludes Payne as the person who stabbed to death Charisse Christopher and her 2‑y…
Jan 12, 2021
Eddie Lee Howard, Jr., convicted and sentenced to death based on the false forensic testimony of a since disgraced prosecution expert witness, has been exonerated after nearly 26 years on Mississippi’s death row. …
Jan 07, 2021
Calling the death penalty “ineffective, racially based, hypocritical and inhumane,” St. Louis County Prosecuting Attorney Wesley Bell (pictured) has renewed his pledge to never authorize a capital prosecution. In a December 23, 20…
Jan 06, 2021
Witness to Innocence, the national organization of U.S. death-row exonerees, has released a series of short videos under the tag “#ImLivingProof,” featuring the stories of men and women who had been wrongfully convicted and senten…
Dec 22, 2020
The Texas Supreme Court has unanimously ruled that the state’s comptroller had no authority to deny death-row exoneree Alfred Dewayne Brown’s application for compensation after a trial court had declared him “actu…