Why wrongful convictions are so hard to undo once prosecutors commit

October 5, 2026 · 14 min read

Josh Dubin's account of the Ohio 4, a former prosecutor's explanation of why his colleagues cannot admit mistakes, and Harvey Silverglate's criticism of the FBI and political prosecutions all describe a system with few incentives to correct itself. The pattern matters because a person's freedom can depend less on the evidence than on whether an official is willing to reverse course.

The rules, numbers and steps worth keeping in front of you.
  • Convictions persist because no one with power gains by undoing them.
  • Dubin: four men were convicted on one paid witness, with no forensic evidence.
  • The witness recanted more than once; the convictions still stand.
  • A federal court found a credible claim of innocence for one man.
  • Courts view recantations with deep suspicion.
  • A recanting witness faces perjury either way, so he stays silent in court.
  • Tomlinson, the former prosecutor, found no evidence of guilt in the record.
  • His successor withdrew support for new trials on his second day.
  • Tomlinson: prosecutors want to win; those he overturned turned on him.
  • Tomlinson says most convictions are probably good; he reviewed only two cases.
  • Dubin: prosecutors have immunity even for withholding evidence.
  • Silverglate: agents pick the person first and then build the case.
  • Publicity is one of the few levers that works.
  • Not legal advice; anyone facing charges or seeking review needs a lawyer.
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