Myths Of The Criminal Justice System: Part 3

Radley Balko completes his look at legal myths.

Myth 8: Sex offenders are more likely to reoffend than other criminals.

There's no set of crimes more plagued by misconceptions and hysteria than sex crimes.

[P]eople have landed on sex offender lists for exposing themselves in public (remember the "streaking" craze in the 1970s?), public urination, or having sex at age 17 with someone who is 15. In Texas, children as young as 10 can be put on the sex offender list.
In some states, you can land on the sex offender list for crimes that have nothing to do with sex.

Because they're usually passed out of anger and passion rather than after careful contemplation, sex offender laws often make little sense. 

Myth 9: Seeing is believing. Eyewitness testimony is a reliable way of solving crimes.

. . . participants were shown grainy video footage of a real case in which a man shot and killed a security guard while robbing a convenience store. They were then given five pictures, and told that the culprit was included in the photo set -- except that he wasn't. Yet every one of the participants still claimed they could positively identify the culprit in one of the photos.

More troubling, when the researchers positively reinforced one group's selection of the culprit, that group became more confident in their identification. Half said they were now “certain” of their identification. Those participants also said they would be more willing to testify against the suspect. They were more likely to describe the hazy security footage as “clear." . . .

Myth #10: Wrongful convictions are tragic, but they're inevitable in an imperfect system. We at least take care of the wrongly convicted once we realize there has been a mistake.

With some notable and laudable exceptions, prosecutors often find it difficult to let go of a conviction -- even once it's clear that they got the wrong man.

Currently in Texas, where there's strong evidence that the state has already executed an innocent man, public officials from the local prosecutor all the way up to the governor are fighting to prevent death row inmate Hank Skinner from testing DNA from his case that could prove his innocence (or clearly establish his guilt). . . .

. . . READ the ENTIRE ARTICLE

Myths Of The Criminal Justice System: Part 2

Radley Balko continues his look a legal misconceptions.

Myth 4: We have appeals courts to check and verify jury verdicts.

Appeals courts review claims that a defendant wasn't afforded his rights under the U.S. Constitution, or the constitution of a particular state. They also review claims that the prosecution or judge did not follow the proper rules of criminal procedure and decide whether those lapses resulted in in an unfair trial. But they almost never second-guess a guilty verdict by reconsidering the evidence.

Myth 5: Due to their position, law enforcement officials are held to a higher standard of conduct than regular citizens.

A strong argument can be made that they're actually held to a lower standard.

Myth 6: Dangerous criminals frequently escape punishment by "getting off on a technicality."

A regular viewer of Bill O'Reilly or Nancy Grace could be forgiven for thinking our criminal courts are heavily stacked in favor of child molesters, drug dealers and cold-blooded killers. In truth, the conviction rate for federal prosecutors is 90-95 percent. For state prosecutors it varies by jurisdiction, but convictions rates generally fall between 60 and 85 percent.

Myth 7: No one confesses to a crime he didn't commit.

False confessions are more common than one might think.

According to the Innocence Project, about one in four convictions that have been overturned by DNA testing involved defendants who at one point had actually confessed to the crime for which they were later exonerated.

Minors and the mentally disabled are especially prone to false confessions, but anyone under considerable duress or who has endured an unusually long or harsh interrogation can be susceptible. Rob Warden and Steven A. Drizin point out in the book "True Stories of False Confessions," an anthology of reports of 48 people who confessed to felonies they didn't commit, the confession often puts a halt to the investigation, even when the confessions "aren't corroborated or don't fit the facts of the alleged crimes."