On April 28 a study pub­lished in the pres­tigous Proceedings of the National Academy of Sciences indi­cat­ed that far more inno­cent peo­ple have been sen­tenced to death than those found through the legal process. According to the study, many inno­cent defen­dants are prob­a­bly not being iden­ti­fied because they were tak­en off death row and giv­en a less­er sen­tence. The rate of exon­er­a­tions for those sen­tenced to death would be over twice as high if all cas­es were giv­en the height­ened scruti­ny often accord­ed to those who remain on death row. The authors of The Rate of False Conviction of Criminal Defendants Who are Sentenced to Death” con­clud­ed: “[A] con­ser­v­a­tive esti­mate of the pro­por­tion of erro­neous con­vic­tions of defen­dants sen­tenced to death in the United States from 1973 through 2004 [is] 4.1%.” The per­cent­age of death row inmates who were actu­al­ly exon­er­at­ed dur­ing the time of the study was only 1.6%. Professor Samuel Gross (pic­tured) of the University of Michigan Law School, one of the authors of the study, point­ed to the grav­i­ty of the prob­lem: Since 1973, near­ly 8,500 defen­dants have been sen­tenced to death in the United States, and 138 of them have been exon­er­at­ed. Our study means that more than 200 addi­tion­al inno­cent defen­dants have been sen­tenced to death in that peri­od. Most of these undis­cov­ered inno­cent cap­i­tal defen­dants have been resen­tenced to life in prison, and then forgotten.”

The study makes use of DPIC’s list of Exonerated Individuals as the base­line for its analy­sis. The total num­ber of peo­ple exon­er­at­ed and freed from death row since 1973 is now 144. The most recent per­son freed was Glenn Ford of Louisiana in 2014.

(S. Gross, et al., The Rate of False Conviction of Criminal Defendants Who are Sentenced to Death,” Proceedings of the National Academy of Sciences, April 28, 2014; DPIC Press Release, NATIONAL ACADEMY OF SCIENCES STUDY POINTS TO HIGH RATE OF INNOCENCE ON DEATH ROW,” April 28, 2014). See Innocence and Studies.

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