Why wrongful convictions are so hard to undo once prosecutors commit
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.
Why are wrongful convictions so hard to undo, according to these conversations? Show answer
Nobody with the power to undo them gains anything by doing so, and the pressure runs toward holding on.
What did the Ohio convictions rest on? Show answer
The testimony of one witness who wanted reward money, with no forensic evidence and no other eyewitness.
What happened after the witness recanted? Show answer
The men were not freed. He was warned about perjury, refused immunity, and would not testify.
How do courts treat recantations, by Josh Dubin's account? Show answer
With deep suspicion, even in cases built on a single eyewitness.
What did former prosecutor J.D. Tomlinson conclude about the case? Show answer
After going through the record looking for evidence of guilt, he says he never found it.
What happened when Tomlinson joined the defense in seeking new trials? Show answer
The judge did not hold a hearing before he left office, and his successor withdrew the state's support on day two.
How did Tomlinson's own side react when he exonerated two people earlier? Show answer
With hostility. Police and former prosecutors turned on him.
What does Tomlinson say motivates prosecutors? Show answer
They want to win, while police seem to want to get it right.
What does Dubin say about consequences for prosecutors? Show answer
They have immunity and face no consequences, even when they fail to hand over evidence of innocence.
What is Harvey Silverglate's claim about federal investigations? Show answer
Agents decide who is guilty and then build the case, and their interview reports are not accurate.
What lever do these accounts say sometimes works? Show answer
Publicity. Posting the case record publicly got a prosecutor to return a call.
What limits apply to the Ohio story? Show answer
It is told by one side, the successor's reasoning is absent, and the courts have not exonerated the men.