How Do Wrongful and Rightful Convictions Occur?

Written: September 5th/8th, 2025

The purpose of our Justice system is to deliver fair and accurate verdicts; to ensure the innocent are protected and that the guilty are held accountable. It is a pillar of society that is meant to provide fairness, security, and the rule of law.

How do Convictions in General Occur?

The conviction process occurs when an individual is legally determined to be guilty of a crime. This long process begins when law enforcement establishes probable cause. This means evidence from a formal investigation gives law enforcement a reasonable basis to believe a crime was committed by a specific individual. Police then bring their evidence to the prosecutor; they will then decide whether to file formal criminal charges.

After charges have been filed, a suspect will be placed under arrest until their arraignment. At arraignment, the defendant (suspect) will be presented before a judge. The judge will formally notify the defendant of the charges they are facing and then allow them to enter a plea of guilty or not guilty.

Oftentimes, in an attempt to avoid trial, the prosecution may offer a plea deal prior to arraignment.

There are two forms of plea deals: a guilty plea or a no-contest plea. A guilty plea means that the defendant has admitted to committing the crime. A no-contest plea means that the defendant gives an admission of guilt for the criminal case but does not admit factual guilt. If the defendant agrees to plead to either form of guilt, the prosecution will offer a shorter/lesser sentence. However, if the defendant does not agree to the deal on continues to plead not guilty at their arraignment, a trial will occur.

In a trial, the prosecution must be able to prove a defendant's guilt beyond a reasonable doubt. They will collect evidence and use witness testimonies to prove guilt. The defense's attorney is going to challenge the prosecution's argument and evidence. Their goal is not necessarily to prove innocence, but to establish reasonable doubt in the prosecution's case. The evidence and testimonies from both sides will be presented before either a judge or a jury, who will decide on the defendant's guilt or innocence.

Finally, after a guilty verdict or plea has been made, a judge will sentence the defendant to what they deem to be the appropriate punishment.

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How do Wrongful Convictions Occur

The conviction process may seem incredibly thorough; however, errors still occur. The pressure of securing a conviction, as well as human error/bias, creates flaws within our justice system. Those flaws are the direct result of wrongful convictions.

The National Registry of Exonerations recorded a total of 147 exonerations in just 2024. 147 individuals who had been wronged by the justice system, the majority of them in more ways than one.

The Reasons that Resulted in Wrongful Convictions and How Many Cases They Affected.

• Official Misconduct: 104 cases (71%)

  • Failure to disclose exculpatory evidence (95 cases)

  • Witness tampering (43 cases)

  • Perjury by an official actor (39 cases)

  • Knowing presentation of prejurded testimony (11) 

  • Police misconduct in interrogations (9) 

  • Prosecutorial dishonesty in court (8) 

  • Forensic misconduct (5)

• Mistaken witness identification: 38 exonerations (26%)

• False confessions: 22 (15%)

• Perjury or false accusations: 106 (72%)

• False or misleading forensic evidence: 42 (29%)

• Ineffective assistance of counsel: 48 (33%)

What Do These Things Mean?

• Official Misconduct

  • Official Misconduct occurs when a public official violates their duty to uphold the law and act in the interest of the public. This includes witness tampering, forensic misconduct, dishonesty in court, discrimination, police misconduct, and coerced confessions.

• Mistaken Witness Identification

  • Faulty eyewitness identification is the leading cause of wrongful convictions. This happens when a witness to a crime identifies the wrong individual as the perpetrator of a crime. This may occur due to stress during the crime, poor lighting, suggestive police lineup procedures, issues with cross-racial identification, or the loss of memory towards certain details.

• False Confessions

  • False confessions are the admission of guilt for a crime that the individual did not commit. Confessions like these can occur voluntarily, but are more often compliant or persuaded. This may occur due to coercive interrogation techniques, exhaustion of the suspect, mental impairment, or drug use.

• Prejury or False Accusations

  • Perjury/false accusations is the act of intentionally lying under oath during a trial or formal legal proceeding. This in itself is a crime.

• False or Misleading forensic evidence

  • In some cases, errors may occur while testing forensic evidence, which may lead to incorrect conclusions. However, fraudulent practices, the use of unreliable/unproven methods, or the improper handling of evidence may also be the result of bad forensic evidence.

• Ineffective assistance of counsel.

  • Ineffective assistance of counsel occurs when a defence attorney fails to give the defendant a fair trial.