New Report: Police Misconduct Responsible for 54% of Wrongful Convictions

Police misconduct, such as hiding or falsifying evidence, witness tampering, and violent interrogation, is responsible for the majority of wrongful convictions.

Wrongful Convictions Linked to Police Misconduct

The National Registry of Exonerations focuses on police misconduct and wrongful convictions in the United States. Founded in 2012, the Registry provides detailed information about every known exoneration since 1989 and maintains a database of cases where a person is wrongfully convicted of a crime and later cleared of all charges based on new evidence of innocence.

According to the Registry, information collected in exoneration cases shows that most wrongful convictions are caused by misconduct by police officers and by prosecutors. Police actions including falsifying evidence, witness tampering, and violent interrogations are found in a large percentage of wrongful convictions. Registry studies show the following information:

  • Official misconduct contributes to wrongful conviction in 54% of exonerations
  • Misconduct by police officers accounts for 35% of wrongful convictions
  • Misconduct by prosecutors accounts for 30% of wrongful convictions
  • The overall rate of misconduct varies by crime, from 72% in murder cases to 32% for most non-violent crimes
  • Police misconduct is approximately four times higher in drug-related crimes
  • Prosecutorial misconduct is approximately four times higher in white-collar crimes

Misconduct is more common in violent crimes such as murder, robbery, rape, and sexual assault commonly handled by criminal attorneys. Violent felonies account for approximately 80% of exonerations, while drug-related crimes make up approximately 60% of non-violent crimes.

In recent months, police misconduct has been linked to a number of cases focused on racial profiling, beginning with the May 25th death of George Floyd. The actions of the Minneapolis Police Department gained national attention and ignited a surge in national protests against racial profiling and police brutality tactics used by law enforcement agencies. George Floyd’s death and other recent deaths caused by police misconduct prompted the Black Lives Matter movement and placed a national spotlight on police reform.

According to the Registry, there have been 2,400 convictions of defendants who were later found innocent over a 30-year period. Studies show that hiding evidence that’s favorable to a defendant is a common type of police misconduct in many criminal cases. For that reason, a criminal attorney who provides criminal defense is an important asset for a person arrested and charged with a crime in Minnesota. Without proper defense, the chances of a wrongful conviction are much greater.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.