Blind Injustice

1. Wrongful Convictions Stem from Systemic Blindness

Indeed, ours is a system of blind injustice.

Flaws in the system. The criminal justice system, despite its intentions, is prone to errors due to inherent flaws in the human psyche and political pressures. These flaws cause police officers, prosecutors, judges, and defense lawyers to behave in unjust ways, often without realizing the extent of their actions.

• Confirmation bias
• Memory malleability
• Eyewitness misperception
• Tunnel vision

Collective denial. Society is largely blind to these problems, operating in a state of denial about biases, misperceptions, and memory issues. This collective denial perpetuates a system where injustices occur and are then stubbornly resisted, hindering reform and improvement.

Unique perspective. The author's experience as both a prosecutor and an innocence advocate provides a unique behind-the-scenes look at the psychological and political factors that cause wrongful convictions. This perspective allows for a deeper understanding of the systemic issues and the steps needed to create a more just and accurate system.

2. Denial Perpetuates Injustice

Denial may lead prosecutors to behave in a churlish fashion, even after an official declaration of innocence, by refusing to apologize or engaging in petty behavior that strains the bounds of logic.

Cognitive dissonance. Prosecutors and police officers often succumb to extreme psychological denial to avoid admitting they convicted an innocent person. This denial stems from cognitive dissonance, where acknowledging a mistake conflicts with their deeply held beliefs about the system's fairness and their role in upholding it.

The "unindicted co-ejaculator." To avoid facing the reality of innocence, law enforcement officials may resort to outlandish theories and intellectually dishonest arguments. This resistance to admitting mistakes prolongs the suffering of innocent individuals and their families.

Acts of evil. The combination of cognitive dissonance, administrative evil, and dehumanization can lead good people to commit acts of injustice. By recognizing and understanding these human limitations, the criminal justice system can gain the humility needed to become a true system of justice.

3. Ambition Can Blind Justice

Winning became everything.

Political pressures. Elected judges and prosecutors face political pressures that can compromise their objectivity. The need to appear "tough on crime" can lead to biased decision-making, where the pursuit of convictions takes precedence over the pursuit of justice.

Elected judges. Unlike federal judges who are appointed for life, elected state judges must worry about reelection and campaign donations. This can create a conflict of interest, where judges may be influenced by the need to maintain a tough-on-crime image, potentially compromising their impartiality.

Dehumanization. The system's tendency to dehumanize criminal defendants exacerbates the problem. By viewing defendants as "bad guys" or interchangeable parts in a bureaucratic game, actors in the system may lose sight of their humanity and the potential for injustice.

4. Bias Distorts Reality

The reason they can never answer the question ‘How could it possibly happen?’ is that it’s the wrong question.

Confirmation bias. Confirmation bias causes individuals to seek or interpret evidence in ways that confirm their existing beliefs, expectations, or hypotheses. This bias can lead to the distortion of facts and the perpetuation of errors in the criminal justice system.

Forensic science. Even forensic scientists, who are often seen as objective experts, are susceptible to confirmation bias. Studies have shown that their interpretations of evidence can be influenced by contextual information and preconceived notions about the case.

The "bad guy." The use of the phrase "bad guy" to describe defendants signals a dehumanizing mentality, where individuals are seen as "others" upon whom punishment should be inflicted without individualization. This mindset can lead to unjust outcomes and a disregard for the rights of the accused.

5. Memory is Malleable and Unreliable

Every generation has its quasi-religious orthodoxies, and if there is one certainty in history it is that many beliefs that were firmly held yesterday will become the object of knowing ridicule tomorrow.

Memory is not a video recorder. Human memory is not a perfect recording device but rather a reconstructive process that is subject to distortion and alteration. External suggestions, biases, and the passage of time can all influence the accuracy of memories.

Eyewitness misidentification. Faulty eyewitness identification testimony is the single greatest cause of wrongful convictions. Factors such as suggestive police procedures, stress, and the presence of weapons can all impair the accuracy of eyewitness accounts.

False memories. False memories can be implanted through suggestion and manipulation, leading individuals to believe they committed crimes they did not commit. This phenomenon highlights the vulnerability of human memory and the potential for injustice in the criminal justice system.

6. Intuition is a Flawed Lie Detector

The power of the individual’s conscience is very weak relative to that of legitimized authority in modern organizations.

Inaccurate lie detection. The belief that humans can accurately detect lies through intuition and demeanor analysis is a myth. Studies have shown that people are only slightly better than chance at detecting deception, and factors such as eye contact and fidgeting are not reliable indicators of truthfulness.

Dehumanization. The criminal justice system's reliance on intuition can lead to the dehumanization of defendants, as police officers, prosecutors, and judges may rely on gut feelings rather than objective evidence. This can result in biased decision-making and unjust outcomes.

The "bad guy." The phrase "bad guy" is used to signal that defendants are "others" upon whom punishment should be inflicted without individualization. This dehumanizing mentality can lead to a disregard for the rights of the accused and a willingness to accept flawed evidence.

7. Tunnel Vision Obstructs Truth

The guiding value in most organizations is compliance with legitimized authority.

Premature conclusions. Tunnel vision occurs when individuals develop an initial belief or suspicion, become wedded to that belief, and then interpret or even twist all subsequent information to confirm it. This can lead to the exclusion of exculpatory evidence and the pursuit of wrongful convictions.

Bureaucratic hierarchy. In a bureaucratic hierarchy, individuals are conditioned to follow procedures and rules that have been set by the institution, and thus they do not follow their internal moral compass in the way they would if acting alone. This can lead to the perpetuation of unjust practices and a resistance to change.

Administrative evil. Administrative evil is the process that allows "good" people to participate in acts of evil without being aware that they are doing anything wrong. This occurs when individuals are simply acting appropriately in their organizational roles, even if their actions contribute to injustice.

8. Humility and Systemic Change are Essential

It is hard to get a man to understand something when his salary depends on him not understanding it.

Attitudinal shift. To improve the criminal justice system, there must be a shift in attitude toward humility and acceptance of human limitations. Actors in the system must recognize that they are not infallible and be willing to question their own biases and assumptions.

Procedural reforms. Structural and procedural changes are needed to compensate for psychological flaws. These changes include implementing double-blind eyewitness identification procedures, recording interrogations, regulating the use of incentivized witnesses, and validating forensic methods.

The need for change. The criminal justice system must embrace introspection and reform, learning from past mistakes and implementing changes to prevent future injustices. This requires a commitment to objectivity, fairness, and a willingness to challenge the status quo.

Last updated: March 31, 2025