Study Guide on Wrongful Conviction and Confirmation Bias
Introduction to Wrongful Imprisonment and Confirmation Bias
Lecture 23 covers topics of wrongful imprisonment and confirmation bias.
Objective: Understand wrongful convictions and discuss solutions to prevent them.
Definition of Wrongful Conviction
A wrongful conviction is defined as a failure of justice where an innocent person is convicted and punished for a crime they did not commit.
Consequences:
Innocent individuals spend many years in prison.
This phenomenon captivates public attention, possibly due to the understanding that it could happen to anyone.
Public Fascination and Media Representation
Popular media, such as Netflix, profits from narratives around wrongful convictions, often failing to provide solutions or preventative measures.
A pattern of presenting cases without discussing how to avoid future injustices is prevalent.
Resistance to Acknowledging Mistakes by Authorities
Following serious errors by police or prosecutors in wrongful convictions:
Authorities tend to double down on their convictions rather than admit mistakes.
A persistent commitment to flawed theories leads to a higher risk of further miscarriages of justice.
The Scope of Wrongful Convictions
Statistics on Wrongful Convictions in Canada:
As of 2014, over 40 documented wrongful convictions.
At least 23 exonerations in Canada reported in 2015.
Statistics from the United States:
Half Ratner and Sagarin (2015) estimate approximately 0.5% of all felony convictions are erroneous.
In a 2007 study by Conway, 200 DNA exonerations resulted in an average of 12 years served in prison. 176 involved sexual assault convictions, and 14 individuals were on death row.
Radlett and Badawan (1992) estimate at least 23 wrongful executions in the U.S.
Major Causes of Wrongful Convictions
Eyewitness Error:
Gun and colleagues (1986) identified it as the most frequent cause:
79% of respondents cited witness error as a leading cause of wrongful convictions.
Sheikh (2000) noted 84% of DNA exonerations included mistaken eyewitness identifications.
Forensic Errors:
Between 52-57% of wrongful convictions in the U.S. attributed to improper forensic evidence.
Police and Prosecutorial Misconduct:
An inquiry in Newfoundland revealed cases influenced by a dysfunctional Crown culture that uncritically accepted police theories.
Allegations include poor adherence to evidence review processes.
In summary, these causes tend to overlap in many cases, with multiple factors contributing to wrongful convictions.
The Better Government Association and Center for Wrongful Convictions emphasize the importance of the roles of police and prosecutors in these gatekeeping failures.
Understanding Confirmation Bias
Definition:
Confirmation bias refers to the selective thinking process where individuals look for evidence that confirms their pre-existing beliefs while ignoring contradictory evidence.
Common tendency for human beings, as observed by philosopher Francis Bacon.
Mechanics of Confirmation Bias:
Once an initial explanation is adopted, individuals seek evidence to confirm that explanation rather than look for disconfirming information.
Examples Demonstrating Confirmation Bias:
Nurse Example:
A nurse believes a full moon increases ER admissions; they only notice high admission rates during full moons, overlooking data from other nights.
Flickering Streetlights:
A person becomes convinced that flickering streetlights are a sign of a higher power after noticing coincidences.
Daniel Goldhagen:
His theory regarding the Holocaust focused solely on evidence supporting his beliefs while neglecting conflicting information.
Critics identified issues concerning the historical context of anti-Semitism in Germany.
Implications of Confirmation Bias
Real-World Consequences:
Confirmation bias can lead to significant, even life-threatening mistakes.
Case Study - Hunting Incident:
A father accidentally shot his son while hunting, convinced he was shooting a deer:
He failed to properly identify his target despite spending time observing it.
Implications in Law Enforcement:
Examples of tragic hunting errors underscore the human condition of misidentification.
Real-World Case - Wrongful Convictions and the Police
Example of Tina Pora in New Zealand:
Wrongfully implicated in the murder of Suzanne Burdett due to confirmation bias in questioning strategies by law enforcement.
Eventually, evidence showed that another individual, Malcolm Rewa, was responsible for the crime, yet police investigation continued to fixate on Pora.
Overall, the persistence of confirming initial theories by authorities leads to further miscarriages of justice.
Statistics from the U.S.:
Sheikh and colleagues (2000) reported that over 25% of those identified as prime suspects were later exonerated by DNA testing.
Recommendations to Mitigate Wrongful Convictions
Focus on the key decision-makers in the criminal justice process, particularly police and prosecutors:
Encourage detectives to actively challenge their own hypotheses, implementing a dedicated investigator (devil's advocate) to seek evidence disproving their theory.
Promotion of a culture where alternative theories are considered, even if they contradict the preferred narrative.
Implementation of a Devil's Advocate Role:
Assign a dedicated investigator to constantly try to discredit the prime suspect's case.
This role would help foster diligence and reduce biases leading to wrongful convictions.
Conduct regular reviews of cases to ensure all evidence supports the conclusion and no perspectives are overlooked.
Conclusion and Summary
Wrongful convictions result mainly from eyewitness error, forensic mistakes, and police/prosecutorial misconduct, all exacerbated by confirmation bias.
To combat wrongful convictions, it is crucial to adopt systematic approaches that include assigning devil’s advocates and fostering a culture of skepticism towards existing theories.