MSU Law
African-American prisoners who were convicted of murder are about 50 percent more likely to be innocent than other convicted murderers and spend longer in prison before exoneration, according to a report recently released that’s co-edited by a Michigan State University College of Law professor.
“The vast majority of wrongful convictions are never discovered,” said MSU Law’s Barbara O’Brien, the author of a companion report, “Exonerations in 2016,” and editor of the National Registry of Exonerations. “There’s no doubt anymore that innocent people get convicted regularly—that’s beyond dispute. Increasingly, police, prosecutors and judges recognize this problem. But will we do enough to actually address it? That remains to be seen.”
“Exonerations in 2016” found a record number of exonerations for the third straight year and a record number of cases with official misconduct.
The National Registry of Exonerations is a joint project of the University of California Irvine Newkirk Center for Science and Society, University of Michigan Law School and Michigan State University College of Law. The registry provides detailed information about every known exoneration in the United States since 1989 – cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence.
The 2016 data show convictions that led to murder exonerations with black defendants were more likely to involve misconduct by police officers than those with white defendants. On average, black murder exonerees waited three years longer in prison before release than whites.
Judging from exonerations, a black prisoner serving time for sexual assault is three-and-a-half times more likely to be innocent than a white person convicted of sexual assault. On average, innocent African-Americans convicted of sexual assault spent almost four-and-a-half years longer in prison before exoneration than innocent whites.
In addition, the report, officially titled, “Race and Wrongful Convictions in the United States,” found innocent black people are about 12 times more likely to be convicted of drug crimes than innocent white people.
Since 1989, more than 1,800 defendants have been cleared in “group exonerations” that followed 15 large-scale police scandals in which officers systematically framed innocent defendants. The overwhelming majority were African-American defendants framed for drug crimes that never occurred.
“Of the many costs the war on drugs inflicts on the black community, the practice of deliberately charging innocent defendants with fabricated crimes may be the most shameful,” said University of Michigan Law Professor Samuel Gross, the author of “Race and Wrongful Convictions in the United States” and senior editor of the National Registry of Exonerations.
Last year, there were more exonerations than in any previous year in which government officials committed misconduct; the convictions were based on guilty pleas; no crime actually occurred; and a prosecutorial conviction integrity unit worked on the exoneration.
- Posted March 27, 2017
- Tweet This | Share on Facebook
Study finds innocent African-Americans more likely to be wrongfully convicted
headlines Ingham County
- New handbook introduces Tribal Law to Michigan law students
- Inspired by mother’s volunteerism, law student aims to give back
- ‘Grand Bargain’: Book on Detroit bankruptcy offers a riveting account of crisis
- MSU Law alumna Dana Freers spearheads the Macomb County Bar Association
- Royal tribute: Retired Circuit Court judge earns ‘Legend in Law’ status
headlines National
- Lucy Lang, NY inspector general, has always wanted rules evenly applied
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- 2024 Year in Review: Integrated legal AI and more effective case management
- How to ensure your legal team is well-prepared for the shifting privacy landscape
- Judge denies bid by former Duane Morris partner to stop his wife’s funeral
- Attorney discipline records short of disbarment would be expunged after 8 years under state bar plan