One of the leading reasons behind the rising number of exonerations in the U.S is false or misleading forensic evidence. When forensic science is misapplied, a case can result in a wrongful conviction.
Here is how this can happen:
Unsupported techniques
Some forensic methods previously or still accepted by the legal system have been shown to lead to wrongful convictions due to a lack of scientific validation, vulnerability to subjective interpretation or to human error. Examples include:
- Bite mark analysis – Comparing teeth impressions found on victims/objects with a suspect’s dentition has low scientific validation.
- Hair Microscopy – Comparing unknown hair samples with known samples under a microscope to identify similarities has been determined to have a high error rate.
Other forensic methods that lack scientific validation, but remain admissible, include arson investigations, bloodstain pattern analysis and dog scent evidence.
Exaggerated testimonies from experts
Experts in criminology and forensic science may give overemphatic testimonies, which can lead to wrongful convictions. Cases of a forensic analyst overstating the connection between evidence and a suspect have been reported.
Contamination
When evidence is contaminated during collection, transport or analysis, a wrongful conviction can happen. Fingerprint analysis is an example of a method that has led to wrongful convictions through contamination.
How to file a post-conviction petition
You can challenge a state conviction based on constitutional violations using the Illinois Post-Conviction Act (725 ILCS 5/122-1).
The options given by the federal law include:
- State prisoners filing a motion under 28 U.S.C. § 2254 after exhausting state remedies
- Federal prisoners filing a motion under 28 U.S.C. § 2255 in the federal court that entered the judgment.
You will need to submit the newly discovered scientific evidence, such as DNA, that proves the evidence used at the original trial was unreliable or false.
Challenging a wrongful conviction can help restore your freedom. Consider legal guidance to build a strong case.
