What are wrongful convictions and how often do they occur?

摘要

Spectacular trials leading to alleged or proven wrongful convictions arouse the concern of the German public. In spite of that there is no current systematic analysis of sources of error in criminal procedures. This article defines what may be recognized as a wrongful conviction or wrongful decision and gives an account of studies on wrongful convictions in America and some European countries. Concerning the German situation, firstly possible sources of error in preliminary proceedings are highlighted and then the outcomes of appeals are analyzed, thus estimating the quantity of wrongful convictions by courts in the first instance on the basis of statistical data. Furthermore, the very restrictive prerequisites for retrials are discussed. Concluding, the author argues for a systematic empirical analysis of sources of error in criminal proceedings and a facilitation of the prerequisites for retrials.