Why are People Wrongfully Convicted?

Wrongful convictions are not a new phenomenon. Society worldwide has in the past placed a high

level of trust in their respective legal and justice systems, presuming that the system simply worked.

Can it be said this trust is waning due to the high number of false convictions and the reasons behind

them? We have seen in the previous blogposts how such a wrongful conviction impacted Osgur Breatnach’s life; despite being exonerated, the torment remains a daily presence.


So, what factors contribute to wrongful convictions and how have these changed down through the

years? There are a number of factors which lead to wrongful convictions such as:


(i) Eyewitness Misidentification

In the US, this is the main reason leading to false convictions. This can occur from

descriptions given by people to law enforcement officers or by incorrectly identifying a

person in a line-up.


(ii) False Confessions

We saw how this occurred in Osgur Breatnach’s case. A person is in a high-pressure situation, and they admit to something they did not do to get them out of the immediate situation they are in. Essentially, they carry out a cost-benefit analysis after being beaten up or deprived of food or sleep and they admit to the crime so they can simply go home - or gain access to a denied solicitor. In any event, they know they are innocent, and they believe it won’t hold up in a criminal trial so their innocence will be proven. 


(iii) Forensic Science

Although forensic science has been instrumental in the exoneration of many innocent

people, mistakes can be made. For example, although the public believes fingerprint identification is based in purely empirical science, there is a certain amount of subjectivity by fingerprint examiners and leeway in which fingerprints are processed which can lead to mistakes. Furthermore, there is also a reliance in some instances, on what is termed “junk science” where certain forensic techniques are not in fact scientifically validated (e.g., bite mark comparisons or footprint

comparisons). This can result in faulty or overstated forensic evidence being used in court proceedings which are accepted as fact. 


(iv) Incentivised witnesses

This arises where a “witness” has a high incentive to protect themselves or be rewarded.

Such a witness can be a co-defendant or a jail informant.


(v) Government Misconduct

An example of this is where there is a refusal to hand over exculpatory evidence. We

saw an element of this in Osgur Breatnach’s case where John Fitzpatrick, who was arrested at the

same time as Breatnach, signed a similar incriminating statement as Breatnach, but yet he was

never brought to trial. No explanation was given for this but the fact that there were numerous

witnesses to place Fitzgerald in Limerick on the night of the robbery surely is the reason.

So, the same evidence is held for Osgur Breatnach as for Fitzgerald, but yet the DPP allowed the

case to proceed against Osgur Breatnach and others knowing the evidence was flawed.


(vi) Bad Defence Lawyers

Inadequate, or overworked, and in some cases underfunded defence lawyers, can lead

to wrongful convictions. 


(vii) Guilty Pleas

The 2012 US Supreme Court decision of Lafler v Cooper described the criminal justice

system as a “system of pleas, not a system of trials”. This case provides a staggering

statistic: at that time 97% of federal convictions and 94% of state convictions were as a

result of guilty pleas. There can be an incentive to plead guilty to get a shorter sentence

but plea bargains, while they have their place, can lead to wrongful convictions.

The advent of DNA in 1985 has been vital to many exonerations. There are still obstacles to

overcome such as indifference by authorities and lack of accountability for misconduct, such as in

Osgur Breatnach’s case, where many of the members of the Gardaí involved were in fact promoted.

The increased media interest in wrongful convictions in recent years such as podcasts like Serial, or

documentaries such as Making A Murderer on Netflix, to name but a few, has highlighted the issue.


The recent RTÉ series “Crimes and Confessions” showcased Osgur Breatnach’s case as part of the series. It is time the overall system is examined to ensure wrongful convictions do not happen.  In Ireland, the role of the Offenses Against the State Act, and the Special Criminal Court need to be examined for their role in cases like Osgur Breatnach’s together with accountability for those involved in orchestrating wrongful convictions.


Osgur Breatnach continues his quest for a formal inquiry into the injustices suffered by him following the Sallin’s train robbery in 1976.


Sources: the Equal Justice Initiative and the Innocence Project

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