Rate of false conviction of criminal defendants who are sentenced to death

DOI Web Site 1 Citations
  • Samuel R. Gross
    University of Michigan Law School, Ann Arbor, MI 49109;
  • Barbara O’Brien
    Michigan State University College of Law, East Lansing, MI 48824;
  • Chen Hu
    American College of Radiology Clinical Research Center, Philadelphia, PA 19103; and
  • Edward H. Kennedy
    Department of Biostatistics and Epidemiology, University of Pennsylvania School of Medicine, Philadelphia, PA 19104

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<jats:title>Significance</jats:title> <jats:p>The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. We use survival analysis to model this effect, and estimate that if all death-sentenced defendants remained under sentence of death indefinitely at least 4.1% would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.</jats:p>

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