250 Exonerated Prisoners Are Just the Tip of the Iceberg

Today in Rochester, New York, a man named Freddie Peacock became the 250th prisoner exonerated through DNA testing in U.S. history. He served five years in prison for a crime he didn’t commit before he was released on parole in 1982. Remarkably, he continued as a free man for 28 years to fight for his own exoneration — finally winning it today when a New York judge tossed out his conviction.

This is a happy day for Peacock, and onewhich we should celebrate. But it also marks a somber fact. Collectively, the 250th people that have been freed through DNA testing have served more than 3,000 combined years in prison for crimes they didn’t commit — and what’s more, they represent just the tip of the iceberg. Today, thousands of innocent people remain behind bars, many with little hope of proving the truth.

It will take concerted action from a mobilized public to ensure that we don’t allow these injustices to continue. That Freddie Peacock was convicted based on a misidentification and a false confession in 1976 is a travesty, but the fact that convictions like his continue to happen in 2010 is even worse.

The Innocence Project, which represents Peacock (and where I work when I’m not blogging here) launched a tool today to send a letter to the editor of your local newspaper calling for reforms to prevent wrongful convictions. Please take a moment to share your thoughts here — you can help amplify the call for criminal justice reform to prevent wrongful convictions.

I mentioned above that a false confession played a role in Peacock’s wrongful conviction. It’s a common factor — involved in more than one in four wrongful convictiions later overturned through DNA — and, like most issues, it can be minimized through reform. To prevent false confessions, we need to videotape every minute of police interrogations, starting even before arrest. It’s the only way to keep an accurate record of a confession or denial, and it doesn’t only protect defendants, it helps police, too.

Many trials hinge on police testifying about what happened in an interrogation room. I’m inclined to believe that more often than not, the police officer is telling the truth. But a videotape can prove this to a jury, removing doubt raised by a defendant who claims to be abused or misquoted.

Certain populations are more susceptible to false confession than others, including children and people with mental illnesses. Peacock has dealt for years with mental illness, and he told interrogating officers that he’d been hospitalized for mental problems. Despite this, officers said he allegedly confessed, and the evidence was used against him at trial.

It’s a momentous day for Freddie Peacock, but it’s up to us to make sure the injustice he suffered doesn’t continue unchecked. Send a letter to your local editors today to support reforms that can help, such as recording interrogations in your state.

Views expressed here are Matt’s alone and don’t represent the Innocence Project or anybody else.

Photo Credit: Innocence Project