Background Burnout is a common issue in internal medicine residents, and its impact on medical errors and professionalism is an important subject of investigation.
Research Summary:In this article, we examine criminal offending by true perpetrators after innocent people are arrested and convicted for their crimes. After investigating a set of cases in which DNA was used to exonerate the innocent and to identify the guilty party, we identified 109 true perpetrators, 102 of whom committed additional crimes. We found a total of 337 additional offenses committed by the true perpetrators, including 43 homicide-related and 94 sex offenses. By extrapolating from our findings, we estimate that the wrong-person wrongful convictions that occur annually may lead to more than 41,000 additional crimes.
Policy Implications:Our findings indicate that one consequence of wrongful convictions, allowing the true perpetrators of crimes to remain at liberty and commit new crimes that imperil prospective victims, represents an important threat to public safety and thereby dramatically compounds the harms caused to innocents. We stress the importance of framing wrongful conviction issues to capture these important crime control concerns and, thus, to help galvanize public opinion and promote policy reforms that will mutually benefit adherents of both crime control and due process perspectives.
K E Y W O R D Scrime control, due process, exoneration, framing, innocence, miscarriage of justice, true perpetrator, wrongful conviction, wrongful liberty
Prosecutorial misconduct is a potential barrier to identifying true perpetrators of crimes in wrongful conviction cases. Previous theories posit that pressures on prosecutors to carry out their role as ministers of justice in an adversarial system can incentivize misconduct and disincentivize postconviction cooperation, especially regarding alleged misconduct at trial. This study empirically tests how prosecutorial misconduct at trial can affect postconviction proceedings by analyzing the relation between prosecutorial misconduct alleged at trial and the identification of a true perpetrator postconviction in DNA exoneration cases. Results demonstrate that, as predicted, prosecutorial misconduct is associated with a decrease in the odds of true perpetrator identification. This work further underscores the need for the implementation of functional policy to deter prosecutorial misconduct.
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