Examining Wrongful Convictions Through the Lens of Evolving Science

The Northern California Innocence Project (NCIP) proposes to identify and review convictions in two areas where there have been recent shifts in medical and scientific consensus of Shaken Baby Syndrome (SBS) and Abusive Head Trauma (AHT) diagnosis and eyewitness identification. Significant doubts have emerged regarding the reliability of SBS and AHT diagnoses due to evolving medical understanding. Similarly, advancements in cognitive psychology have highlighted the fallibility of typical eyewitness identification practices, leading to increased scrutiny and reforms of law enforcement investigative procedures. Studies have shown faulty forensics eyewitness misidentification to be two of the main causes of wrongful conviction. These shifts in medical and scientific consensus have contributed to the sharp increase in the number of people exonerated annually, who face a unique and often unaddressed set of challenges upon their release. Cases for review include 41 questionnaires already received from potential clients convicted primarily on unreliable SBS and AHT expert testimony, 451 cases from NCIP’s case database involving eyewitness identification, and new requests as part of NCIP’s normal intake process. For eyewitness identification cases, NCIP will prioritize cases where an eyewitness: made a low-confidence identification during the initial lineup but was highly certain of their identification at trial; took several minutes or more to make an identification; or initially rejected the lineup but eventually made an identification after being subjected to multiple procedures. NCIP will also prioritize cases consisting of a single eyewitness. NCIP will challenge cases where their investigation shows that California’s standard for newly discovered evidence or false forensic science is met and will seek collaboration with district attorneys’ offices in all cases. The proposed project will enhance public safety by highlighting the shifts in consensus around SBS and AHT diagnosis and eyewitness certainty for the medical, scientific, and law enforcement community and help prevent criminal prosecution for cases of tragic accidents or misidentifications. Finally, the proposed project will help fill the gaps in social support to ensure that exonerees have the resources they need to successfully transition back into society.