Answer: One Innocent Person per Month

Question:  Over the past 21 years since the first wrongfully convicted person was released from prison as a result of DNA testing, how many people per month on average are released from prison in the U.S. because they have been wrongfully convicted (250 total as of February 2010).

One doesn't sound like much.  Unless you're the person who has been sitting in prison for 20 or 30 years for something that you didn't do.  The Innocence Project provides several reasons why people are wrongfully convicted, including eyewitness misidentification, false confessions, improper forensic science and jailhouse informants.  Reforms in these areas will lead to fewer people being wrongfully convicted, but it's not going to help the innocent people sitting in prison as you read this.

In case you're wondering, 10 wrongfully convicted people in Pennsylvania have been exonerated and released from prison.

How Accurate Are Field Sobriety Tests?

According to a 1991 study (PDF) by Dr. Spurgeon Cole at Clemson University, field sobriety tests give a police officer about a 50-50 chance of accurately predicting whether a driver is intoxicated.  Dr. Cole and his team videotaped 21 individuals performing common field sobriety tests and asked 14 police officers to judge whether any were too intoxicated to drive.  The officers decided that 46% of the participants were unfit to drive, and presumably, had they actually been driving, they would have been asked to submit to some form of chemical testing.  What Dr. Cole did not tell the officers was that none of the 21 participants in the study had anything to drink before performing the field sobriety tests.

It's not very comforting to know that field sobriety tests are about as effective in detecting drunk drivers as flipping a coin.  However, this is much more comforting than the results of a 2007 study by the International Council on Alcohol Drugs & Traffic Safety (ICADTS), which showed that police officers correctly perform Standardized Field Sobriety Testing only 3% of the time.  Standardized Field Sobriety Tests (or SFST's) are a battery of three field sobriety tests and require specialzed training.  These tests are the Horizontal Gaze Nystagmus test (the HGN - or follow the pen with your eyes test), the Walk and Turn test (WAT) and the One Leg Stand test (OLS).  Many departments in the area now use these tests. 

The 2007 study analyzed 350 videotaped encounters of police officers administering SFSTs to suspected drunk drivers.  The results are shocking.  The HGN test was properly administered 7% of the time.  The WAT test was properly administered 19% of the time.  The OLS was properly administered 50% of the time.  What is even worse than these results is the correct percentage when looking at the battery of tests given in each of the 350 encounters (and remember, the idea of SFSTs is that these three specific tests are to be given together).  The battery of tests was properly administered only 3% of the time.  That is not a typo.

These tests simply do not predict with any semblence of accuracy whether a person is intoxicated.  For a police officer, administering them in a controlled, classroom setting is not quite like administering them at 3:00 a.m. in a dimly lit area when it's 20 degrees out and you're exhausted from being in court all day.

 

Blog Purpose

This blog will mostly cover topics about the defense of criminal charges in Pennsylvania from my perspective as a former Pittsburgh Police Officer.  It will also highlight other things such as trends in criminal law in other states, cases of interest in other states and stories of people who have been wrongfully convicted and set free through what are known as “innocence projects.” 

I also want to help people understand how the criminal justice system operates in Pennsylvania.  Many of my clients have never been arrested before and there is not much information online about how the system actually functions. 

I hope that this blog will be of some service to people who have been arrested and are currently facing charges in Pittsburgh, Allegheny County or any of the surrounding counties and to anyone else interested in criminal law in Pennsylvania.