Abstract
Wrongful conviction, the act of incarcerating someone for a crime that they did not commit, is a phenomenon that exposes the deepest malfunctioning of the criminal justice system. In “Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions,” Mark Godsey presents himself as the co-founder of the Ohio Innocence Project. He is also a law professor at The University of Cincinnati. Godsey explores various psychological factors that lead to the many wrongful convictions imposed on criminal defendants each year. He takes readers through his personal journey from the federal prosecutor's office in New York City to his current position as an advocate for those wrongfully convicted. The author uses personal anecdotes, research studies, and client cases to illustrate how aspects such as little to no physical evidence, unreliable eyewitness testimony, and both personal and professional bias have the ability to convince even the most rational criminal justice agents of an individual's guilt. The author's main purpose is to acknowledge that wrongful convictions are the result of multiple system failures, with biases deep-rooted in human error and misconduct. Godsey also contends that agents in the criminal justice system are not necessarily evil but are simply casualties of an organizational structure that seems to benefit criminal justice practitioners.
Godsey begins by analyzing how investigators’ desire to solve a case (and prosecutors’ desire to receive a conviction) often take precedence over determining the true responsibility for the crime. When defense attorneys provide evidence proving their client's innocence, they are often met with animosity from the police, the prosecutor, and the judge. These individuals will ultimately deny any wrongdoing to avoid admitting that a mistake was made. The author then examines the politics of the court system and how it can have a detrimental effect on the prosecution of wrongful convictions. Godsey asserts that individuals become so obsessed with achieving their professional goals that they neglect their responsibility to perform their duties without bias. Individuals are also not able to make decisions on behalf of the potentially innocent inmate because they are pressured by partisan influence.
Godsey goes on to discuss how preconceived notions about a case increase the likelihood that practitioners will not be open to evidence implicating other suspects. The author states that forensic experts are especially subject to this kind of bias, as they maintained a close alliance with police departments and the court system and would often receive specific instructions from the prosecution to analyze evidence as if a suspect was already guilty. Their subsequent testimony at trial would then confirm what the prosecution believed was true and not the events that actually occurred.
In the next section, Godsey discusses how suggestion (either internal or external) has the ability to alter one's memory. This is especially evident in criminal cases where victims are fed information by police officers in order to “accurately” identify their attackers. The author acknowledges that human memory is essentially unreliable and notes that it should not be the sole basis of establishing a case against a suspect. Godsey also examines the idea of human truthfulness and how criminal justice practitioners are trained to detect human deception. Although this has been a longstanding practice, the author remarks that one cannot solely rely on human intuition to determine guilt; facts and other evidence must also be present. Godsey explains how this is especially problematic with seasoned officers, prosecutors, and judges because they believe that their long tenure in the criminal justice system makes them immune to natural human error.
Finally, Godsey discusses how these same individuals become so enamored with a suspect's guilt that they choose to overlook pertinent facts that could potentially exonerate them. These agents could even go so far as to manipulate the evidence to implicate the individual who they believe is responsible for the crime. Additionally, the author states that tunnel vision can also occur on the side of the defense. Defense attorneys may assume guilt just like the prosecutors, which can cause a failure to represent their client adequately and result in the attorney pressuring the defendant to take a plea deal. Godsey also discusses how forms of evidence such as confessions and incentivized witnesses can be easily corrupted and manipulated to serve the interests of the prosecution.
Godsey's chapters build on one another and often integrate reoccurring themes. For example, cognitive dissonance (that act of disregarding information that conflicts with an individual's personal beliefs), confirmation bias (choosing to analyze evidence in a way that reflects one's personal beliefs or expectations), and confirmatory feedback (when individuals are given the indication that they have chosen the right suspect) are discussed consistently throughout the entire book and used to reiterate how the human mind can orchestrate events to achieve a certain desired outcome.
The book is comprehensive in that it includes a wide range of author perspectives. Godsey discusses how his time as a federal prosecutor made him cynical of inmates who claimed that they were wrongfully convicted. As his career changed, so did his perception, as he saw firsthand the effects of wrongful convictions on his clients. This book is unique in that it encompasses several psychological methods that contribute to wrongful convictions instead of just focusing on one, thus filling a gap in the literature.
In conclusion, Godsey adequately describes the ills that lead to wrongful convictions without demonizing criminal justice practitioners. Although he could benefit from discussing in-depth sociological factors that contribute to wrongful convictions (such as poverty and a lack of social support), Godsey effectively explains how he has given each client that he has represented a voice. He acknowledges that wrongfully convicted individuals are often the most marginalized members of society and are at the mercy of those who struggle to put aside their biases. Godsey cannot guarantee his clients’ freedom, but he can promise that they will be heard. This book is ideal for readers interested in criminal justice, civil rights, and psychology; however, it can also serve as an undergraduate and law school textbook on wrongful convictions.