Seeking Justice for the Wrongfully Convicted Who Pleaded Guilty

Co-Editor Brian Howe discusses the difficulties presented when those convicted through “Alfred” pleas attempt to later prove their innocence:

Every wrongful conviction has its own story, and exonerations tend to be rare enough that they’re typically treated as unique events.  That’s fair enough– an exoneration is usually a great story– but there are trend lines and commonalities we can see by taking a step back and looking at the broader picture. 

 Along these lines, the National Registry of Exonerations has released data on the total exonerations nationwide in 2013.  Some of the recent trends are particularly interesting.  Exonerations based on DNA have continued to decline, even as the total number of exonerations hit a record high at 87.  Even more interesting is the increasing number of exonerations where an actually innocent person pleaded guilty.

“Fifteen of the 87 known exonerations in 2013 – 17% – occurred in cases in which the defendants were convicted after pleading guilty, also a record number. Such cases used to be far less common. The long-term rate has doubled since 2008, and the actual number continues to climb.”

 The Registry explains the trend as one of increasing resources and attention:

 “Exoneration stories often note with approval that the defendant “always protested his innocence.” On the other hand, innocent defendants who plead guilty have a much harder time getting attention and help from anybody – friends and relatives, the media, innocence projects, prosecutors, police, courts. *** The pattern of exonerations in 2013 suggests that we are increasingly willing to consider and act

on the types of innocence claims that are often ignored [including] judgments based on guilty pleas by defendants who accepted plea bargains to avoid the risk of extreme punishment after trial.”

 If true, this would be an encouraging sign.  As a legal matter, a guilty plea is almost always an admission of actual guilt.  As a practical matter, it can sometimes be a recognition by an actually innocent person that the odds are stacked against them. The power of prosecutors to pressure defendants into a plea is not breaking news. Over 40 years ago, the US Supreme Court endorsed the validity of “Alford pleas,” in which a person maintains his or her innocence, but pleads guilty in order to lessen the probability of harsh sentencing after a trial. Despite the acknowledgment that it may be rational for an innocent person to plead guilty, most states have erected almost insurmountable barriers to later withdrawing that plea on the basis of new evidence. If increased attention to guilty pleas continues to lead to more exonerations, then courts and legislators may be increasingly exposed to the fact that the innocent can and do sometimes plead guilty, and the cycle may become self-perpetuating.