DNA is crucial to solving criminal cases and prosecutors gaining convictions, according to many fans of televised crime dramas. DNA is not always utilized in court proceedings, and it is not always the piece of evidence that leads to a person’s conviction — or exoneration. However, in other cases, DNA can be the key to a person’s exoneration following a wrongful conviction.
More than 200 persons have had their convictions reversed in California since 1989. These false convictions lost these people over 1,300 years of freedom, as well as $129 million in taxpayer money. According to a research published by the UC Berkeley School of Law, California leads the nation in exonerations as defined by the National Registry of Exonerations.
A post-conviction demonstration of new evidence must meet these criteria to be regarded an exoneration. California led the way with 120 exonerations, followed by Illinois with 110 and Texas and New York with 100 each. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you request a free legal consultation from a criminal defense attorney.
There are many reasons convictions can be reversed
The convictions or charges of 214 Californians have been reversed or dropped for a variety of reasons. Official wrongdoing, insufficient evidence, judgments of true innocence — often confirmed through DNA evidence — and legal error are among them.
According to the UC Berkeley study, the majority of individuals convicted spent a significant period of time in state or federal jail before their convictions were overturned. Initially, 40% of these people were sentenced to 20 years or more in prison. Many were sentenced to life in prison, life in prison without the possibility of parole, or death.
Without an active criminal defense attorney, these people could have spent the rest of their lives in prison — or even been executed — if their convictions had not been overturned.
Los Angeles has a particularly troubling history of wrongful convictions
In the late 1990s, police misconduct in Los Angeles resulted in a large number of erroneous convictions. During this time, the Los Angeles Police Department (LAPD anti-gang)’s squad was involved in a massive police corruption scandal.
Over 70 officers were ultimately charged with misbehavior, including unwarranted shootings and beatings, planting false evidence, stealing and selling drugs, perjury, and obstruction of justice. As a result, the LAPD Rampart scandal is responsible for 25% of the wrongful convictions (53 persons thus far).
Outside of the Rampart cases, the bulk of unjust convictions were the result of perjury or false accusations (42 percent) or police or prosecutor wrongdoing (39 percent). The remaining convictions were overturned due to incorrect eyewitness identification (26 percent), or insufficient or inept defense counsel (19 percent). Only about 6% of all exonerations in California were overturned owing to DNA evidence.
What does this mean for you?
So, what does this research say about using DNA evidence to reverse a conviction in a California murder case? While it is significant, it will not always be the deciding factor in an exoneration. The majority of cases are dismissed for various reasons, not because newly obtained DNA evidence shows that the defendant did not commit the crime.
These figures do reveal something important: erroneous convictions in California and elsewhere are far too common. If you have been charged with a crime, you will want the services of an experienced defense lawyer. Because the stakes are so high, the best course of action is to fight the allegations head on from the outset.
Our team at Chambers Law Firm comprises a former prosecutor and police officers. We apply our expertise to assist our clients in achieving the best possible results. To schedule a free initial consultation call 714-760-4088 or email dchambers@clfca.com.
