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Miscarriage of justice Wiki2Web Clarity Challenge

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Study Guide: Miscarriages of Justice: Causes, Consequences, and Global Perspectives

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Miscarriages of Justice: Causes, Consequences, and Global Perspectives Study Guide

Conceptualizing Miscarriages of Justice

The definition of a miscarriage of justice is strictly limited to the wrongful conviction and punishment of an individual for a crime they did not commit.

Answer: False

Explanation: The text identifies a miscarriage of justice as an inequitable outcome within a criminal or civil legal proceeding, most significantly encompassing the wrongful conviction and subsequent punishment of an individual for an offense they did not perpetrate. This phenomenon is frequently termed a wrongful conviction.

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The term 'failure of justice' is considered synonymous with 'wrongful conviction' and is exclusively applied to broader instances of legal proceeding unfairness.

Answer: False

Explanation: Beyond the term 'miscarriage of justice,' the concepts of 'wrongful conviction' and 'failure of justice' are employed to describe situations resulting in inequitable legal outcomes, not exclusively broader unfairness.

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What is the principal definition of a miscarriage of justice as delineated in the provided text?

Answer: An unfair outcome in a legal proceeding, most notably a wrongful conviction.

Explanation: The text defines a miscarriage of justice as an inequitable outcome in a legal proceeding, with wrongful conviction being a primary example.

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Causal Factors in Wrongful Convictions

A wrongful conviction can be overturned exclusively upon the emergence of new DNA evidence that definitively proves innocence.

Answer: False

Explanation: A wrongful conviction may be overturned if novel evidence emerges that conclusively establishes the convicted individual's innocence, or if prosecutorial or police misconduct during the original trial is uncovered.

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The Innocence Project has predominantly utilized advanced DNA evidence to facilitate the overturning of convictions, particularly in cases pertaining to fraud and theft.

Answer: False

Explanation: The Innocence Project has predominantly utilized advanced DNA evidence to facilitate the overturning of convictions, primarily in cases of murder and rape, not fraud and theft.

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DNA testing constitutes a prevalent element in the majority of criminal cases that pursue exoneration.

Answer: False

Explanation: DNA testing is employed in approximately 5% to 10% of all criminal cases, indicating that many potential wrongful convictions may go unidentified due to the lack of available DNA evidence for exoneration.

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Self-reporting by incarcerated individuals serves as a methodology for estimating the prevalence of wrongful convictions, especially in cases lacking available DNA evidence.

Answer: True

Explanation: Beyond the analysis of exonerations, a supplementary method for estimating the incidence of wrongful convictions involves self-reporting by prisoners, wherein researchers solicit information regarding confessions to crimes they did not commit. This approach permits the examination of all crime categories, irrespective of DNA evidence availability.

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Studies conducted in Iceland consistently reported exceedingly low rates of false confessions, falling below 5%.

Answer: False

Explanation: Two Icelandic studies, conducted a decade apart, identified rates of false confession at 12.2% and 24.4%, respectively. These figures are considered indicative of miscarriages of justice, as false confessions frequently precipitate wrongful convictions.

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A 2021 study conducted in Scotland indicated that more than half of the surveyed inmates reported having made false confessions.

Answer: False

Explanation: A 2021 study conducted within a specific Scottish prison revealed that 33.4% of inmates reported having made false confessions, not more than half.

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Academics generally identify precisely three primary factors contributing to miscarriages of justice.

Answer: False

Explanation: The text identifies six primary factors contributing to miscarriages of justice, not three. These include eyewitness misidentification, faulty forensic analysis, false confessions, perjury, official misconduct, and ineffective assistance of counsel.

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Eyewitness misidentification is identified as a contributing factor in approximately 70% of wrongful convictions.

Answer: True

Explanation: Eyewitness identifications are recognized as notoriously unreliable and are a contributing factor in approximately 70% of wrongful convictions.

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Psychological investigations demonstrate that police lineup procedures exert no significant influence on an eyewitness's recollection of a suspect.

Answer: False

Explanation: Psychological studies indicate that the methodology employed in conducting police lineups can alter an eyewitness's memory of a suspect, frequently leading to misidentification.

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The cross-race effect posits that witnesses exhibit equal accuracy when identifying suspects from any ethnic group.

Answer: False

Explanation: The cross-race effect describes the phenomenon where witnesses experience diminished accuracy in identifying individuals from ethnic groups different from their own, compared to identifying individuals from their own group.

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Researcher Elizabeth Loftus determined that eyewitnesses' confidence in their testimony exhibits a direct correlation with its accuracy.

Answer: False

Explanation: Elizabeth Loftus, a prominent researcher in memory studies, observed that memory is inherently unreliable, to the extent that a witness can testify with considerable confidence and persuasiveness regarding a detail that is entirely fabricated.

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Evidence contamination is possible at any phase, from initial collection through storage, provided that appropriate protocols are not meticulously adhered to.

Answer: True

Explanation: Evidence contamination can transpire during any stage of its handling, including collection, packaging, transportation, analysis, or storage, if proper protocols are not rigorously observed. Such contamination may introduce extraneous materials or alter existing evidence, potentially precipitating a miscarriage of justice.

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According to the Innocence Project, faulty forensic analysis is associated with less than 10% of wrongful convictions.

Answer: False

Explanation: The Innocence Project reports that 44% of wrongful convictions are attributable to faulty forensic analysis, occurring when experts misrepresent the validity or significance of scientific evidence.

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Misrepresentations within forensic analysis have been documented exclusively within serological analysis.

Answer: False

Explanation: Misrepresentations have been documented across various forensic disciplines, including serological analysis, microscopic hair comparison, bite mark analysis, shoe print analysis, soil and fiber analysis, and fingerprint analysis.

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The confidence level expressed by expert witnesses has a minimal impact on jury deliberations.

Answer: False

Explanation: Overly confident testimony from expert witnesses can significantly influence jurors' perceptions of credibility and persuasiveness. Jurors may infer truthfulness from confidence, potentially leading to undue reliance on the expert's opinion.

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Pathologist Charles Smith was exonerated of all wrongdoing subsequent to his testimony contributing to wrongful convictions.

Answer: False

Explanation: Pathologist Charles Smith was found to have exaggerated his expertise and provided misleading testimony, which contributed to the wrongful convictions of thirteen women. An inquiry concluded that he 'actively misled' superiors and misrepresented his qualifications during trials.

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False confessions contribute to approximately 25% of wrongful convictions, with a notable prevalence in serious criminal cases.

Answer: True

Explanation: According to the Innocence Project, false confessions are a contributing factor in approximately 25% of wrongful convictions, particularly in murder and rape cases.

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Individuals exhibiting intellectual impairments or mental illness are less susceptible to making false confessions.

Answer: False

Explanation: Individuals who are intellectually impaired, suffer from mental illness, or are particularly young—especially when experiencing stress, fatigue, or trauma—are considered highly vulnerable to making false confessions during police interrogations.

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The Reid Technique is an interrogation methodology recognized for its non-confrontational approach and superior accuracy.

Answer: False

Explanation: The Reid Technique, a mid-20th century strategy, relies on deception, coercion, and aggressive confrontation, and is noted for yielding fewer accurate confessions and a higher incidence of false confessions compared to less confrontational methods.

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Perjury or false accusations were implicated in over half of the cases resulting in exoneration, as documented by the National Registry of Exonerations.

Answer: True

Explanation: The National Registry of Exonerations reports that 57% of cases involving eventual exoneration included instances of perjury or false accusations.

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Witnesses invariably refrain from lying during investigations, providing only unintentionally inaccurate information.

Answer: False

Explanation: Witnesses may provide false testimony due to various motivations, including personal animosity towards the defendant, the pursuit of financial compensation, the negotiation of deals with prosecutors or police, or an attempt to deflect attention from their own potential involvement in a crime.

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Prosecutorial misconduct encompasses actions such as the concealment of exculpatory evidence or the failure to disclose such evidence to the defense.

Answer: True

Explanation: Forms of prosecutorial misconduct that can precipitate miscarriages of justice include the concealment or destruction of exculpatory evidence, the failure to disclose such evidence to the defense, the non-disclosure of witness payments, and the planting of incriminating evidence.

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Noble cause corruption transpires when officers deviate from established rules, believing the ultimate objective justifies the means, such as securing the conviction of a suspect they deem guilty.

Answer: True

Explanation: Noble cause corruption occurs when officers deviate from rules, believing the objective of convicting a guilty suspect justifies their actions, such as planting evidence.

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The West Midlands Serious Crime Squad in the United Kingdom was disbanded owing to its practice of fabricating evidence.

Answer: True

Explanation: In the early 1990s, the West Midlands Serious Crime Squad gained notoriety for fabricating evidence to secure convictions and was ultimately disbanded in 1989 due to these illicit practices.

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Official misconduct was identified as a contributing factor in over half of all wrongful convictions in the U.S., according to a 2020 report.

Answer: True

Explanation: A 2020 report found official misconduct was a factor in 54% of wrongful convictions, particularly when it led directly to conviction via false or concealed evidence.

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Primary causes of wrongful convictions in the U.S. encompass unreliable informants, flawed eyewitness identification, and official misconduct.

Answer: True

Explanation: Leading causes identified include unreliable informants, flawed eyewitness identification, faulty forensic analysis, official misconduct, perjury, and ineffective assistance of counsel.

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Judge Jed S. Rakoff opines that forensic techniques are invariably presented with accurate and reliable validity in judicial proceedings.

Answer: False

Explanation: Judge Rakoff noted that forensic techniques are often presented with greater validity and reliability than they possess, advocating for an independent institute to set scientific standards.

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Which organization is prominently featured for its efforts in overturning convictions, predominantly through the utilization of DNA evidence in serious criminal cases?

Answer: The Innocence Project

Explanation: The Innocence Project is highlighted for its significant role in overturning convictions, primarily employing advanced DNA evidence in serious criminal cases.

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What proportion of criminal cases typically involve DNA testing for exoneration purposes?

Answer: Approximately 5% to 10%

Explanation: DNA testing is employed in approximately 5% to 10% of all criminal cases, indicating that many potential wrongful convictions may go unidentified due to the lack of available DNA evidence for exoneration.

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Which of the following is NOT enumerated among the six primary factors contributing to miscarriages of justice?

Answer: Jury nullification

Explanation: The text enumerates six primary factors: eyewitness misidentification, faulty forensic analysis, false confessions from vulnerable suspects, perjury and lies by witnesses, official misconduct, and ineffective assistance of counsel. Jury nullification is not listed.

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What proportion of wrongful convictions are attributed to unreliable eyewitness testimony?

Answer: Approximately 70%

Explanation: Eyewitness identifications are recognized as notoriously unreliable and are a contributing factor in approximately 70% of wrongful convictions.

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What is the 'cross-race effect' within the context of eyewitness identification?

Answer: The difficulty witnesses have in identifying suspects from different ethnic groups compared to their own.

Explanation: The cross-race effect describes the phenomenon where witnesses experience diminished accuracy in identifying individuals from ethnic groups different from their own, compared to identifying individuals from their own group.

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According to the Innocence Project, what percentage of wrongful convictions are associated with faulty forensic analysis?

Answer: Approximately 44%

Explanation: The Innocence Project reports that 44% of wrongful convictions are attributable to faulty forensic analysis, occurring when experts misrepresent the validity or significance of scientific evidence.

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Which interrogation technique is characterized by its reliance on deception, coercion, and aggressive confrontation, potentially leading to a higher incidence of false confessions?

Answer: The Reid Technique

Explanation: The Reid Technique, a mid-20th century strategy, relies on deception, coercion, and aggressive confrontation, and is noted for yielding fewer accurate confessions and a higher incidence of false confessions compared to less confrontational methods.

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According to the National Registry of Exonerations, what percentage of exoneration cases involved perjury or false accusations?

Answer: Approximately 57%

Explanation: The National Registry of Exonerations reports that 57% of cases involving eventual exoneration included instances of perjury or false accusations.

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Which of the following represents a common form of prosecutorial misconduct cited in the text?

Answer: Failing to disclose exculpatory evidence to the defense.

Explanation: Prosecutorial misconduct includes concealing or failing to disclose exculpatory evidence, not revealing witness payments, and planting incriminating evidence.

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What does 'noble cause corruption' signify within law enforcement contexts?

Answer: Officers bending rules or planting evidence because they believe the end (convicting a guilty suspect) justifies the means.

Explanation: Noble cause corruption occurs when officers deviate from rules, believing the objective of convicting a guilty suspect justifies their actions, such as planting evidence.

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According to a 2020 report, what percentage of wrongful convictions in the U.S. implicated official misconduct?

Answer: Approximately 54%

Explanation: A 2020 report found official misconduct was a factor in 54% of wrongful convictions, particularly when it led directly to conviction via false or concealed evidence.

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What perspective did Judge Jed S. Rakoff articulate concerning forensic techniques in the criminal justice system?

Answer: Forensic techniques are often presented with more validity and reliability than they actually possess.

Explanation: Judge Rakoff noted that forensic techniques are often presented with greater validity and reliability than they possess, advocating for an independent institute to set scientific standards.

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Prevalence, Statistics, and Systemic Vulnerabilities

Academic investigations indicate that a substantial proportion of incarcerated individuals in the United States are innocent, with estimates ranging between 2.3% and 5%.

Answer: True

Explanation: Academic research, as cited by the Innocence Project, posits that between 2.3% and 5% of all individuals currently incarcerated within the United States are innocent.

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A 2017 study conducted in Virginia identified a wrongful conviction rate of 11.6% within cases originating from the 1970s and 1980s.

Answer: True

Explanation: A 2017 study analyzing convictions in Virginia during the 1970s and 1980s, cross-referenced with subsequent DNA analysis, estimated the incidence of wrongful conviction to be as high as 11.6%.

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A 2014 study provided a conservative estimate suggesting that less than 1% of inmates on death row in the U.S. are innocent.

Answer: False

Explanation: A 2014 study published in the Proceedings of the National Academy of Sciences conservatively estimated that 4.1% of inmates awaiting execution on death row in the United States are innocent.

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Estimates suggest that as many as 10,000 individuals in the United States may be wrongfully convicted of serious offenses annually.

Answer: True

Explanation: It is estimated that up to 10,000 individuals in the United States might be wrongfully convicted of serious crimes each year.

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Confirmation bias aids investigators in maintaining objectivity by promoting the equal consideration of all evidence.

Answer: False

Explanation: Confirmation bias influences investigators to selectively seek and interpret information that corroborates their pre-existing beliefs about a suspect's guilt, often leading to the disregard or downplaying of contradictory evidence.

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Plea bargaining is broadly regarded as a fair process that seldom contributes to wrongful convictions.

Answer: False

Explanation: Plea bargaining can contribute to miscarriages of justice when innocent defendants, under pressure or facing severe penalties if convicted at trial, plead guilty to crimes they did not commit.

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Confirmation bias was a contributing factor in Dutch cases, such as the Schiedammerpark murder, leading law enforcement to disregard critical DNA evidence.

Answer: True

Explanation: In cases such as the Schiedammerpark murder, confirmation bias led police to misinterpret and disregard crucial scientific evidence, particularly DNA findings. Similar issues related to confirmation bias and the misuse of complex scientific evidence were identified in other Dutch cases, such as that of Lucia de Berk.

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A 2012 report indicated that exonerations in the U.S. substantially outnumbered wrongful convictions.

Answer: False

Explanation: A 2012 report by the National Registry of Exonerations stated that wrongful convictions significantly outnumbered exonerations, despite the relatively small number of reported exonerations at the time.

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The Innocence Project estimates that approximately 1% of U.S. prisoners are innocent, potentially numbering around 20,000 individuals.

Answer: True

Explanation: The Innocence Project estimates approximately 1% of U.S. prisoners are innocent, which, given the total incarcerated population, could amount to around 20,000 individuals.

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African Americans exhibit a significantly lower likelihood of being falsely convicted compared to White Americans, notwithstanding their representation as a smaller demographic segment.

Answer: False

Explanation: African Americans are seven times more likely to be falsely convicted than White Americans, indicating the influence of systemic racism on wrongful convictions.

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According to cited academic studies, what is the estimated range for innocent prisoners currently incarcerated within the United States?

Answer: 2.3% to 5%

Explanation: Academic research indicates that between 2.3% and 5% of all individuals currently incarcerated in the United States are innocent.

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In what manner can plea bargaining potentially precipitate wrongful convictions?

Answer: Innocent defendants may plead guilty under pressure to avoid harsher penalties if convicted at trial.

Explanation: Plea bargaining can lead to wrongful convictions when innocent defendants, under pressure or facing severe penalties if convicted at trial, plead guilty to crimes they did not commit.

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How do race and systemic racism influence wrongful convictions in the U.S., according to the National Registry of Exonerations?

Answer: African Americans are seven times more likely to be falsely convicted compared to White Americans.

Explanation: African Americans, despite being 13.6% of the population, account for 53% of exonerations, indicating they are seven times more likely to be falsely convicted than White Americans, highlighting systemic racism.

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Consequences and Societal Ramifications

The risk of executing an innocent individual constitutes a primary argument against capital punishment, owing to the irreversible nature of a miscarriage of justice in such cases.

Answer: True

Explanation: The irreversibility of executing an innocent person means any miscarriage of justice in capital cases is final. This makes the death penalty particularly contentious when wrongful convictions are a possibility.

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Wrongful convictions seldom impact public perceptions of crime, as the populace relies predominantly on official statistics.

Answer: False

Explanation: When a miscarriage of justice is brought to light, it can shape the public's understanding of crime, leading to inaccurate beliefs about its nature, prevalence, or typical perpetrators, as societal comprehension of crime is often influenced by such high-profile cases.

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The mass media's emphasis on sensational crimes can precipitate distorted public perceptions regarding crime prevalence and perpetrators.

Answer: True

Explanation: Mass media can significantly influence public perception by disproportionately representing certain demographic groups as criminals or victims and by focusing on sensational or unusual crimes. This can affect public fear of crime, beliefs about its etiology, and support for various crime control strategies.

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Individuals subjected to wrongful sanctions experience beneficial psychological effects, including augmented pro-social behavior.

Answer: False

Explanation: Even in the absence of public awareness, individuals subjected to wrongful sanctions may endure negative psychological impacts, such as a reduction in pro-social behavior, which can have detrimental effects on both the individual and the broader community.

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When the actual perpetrator of a crime remains at liberty due to a wrongful conviction, they are unlikely to perpetrate further offenses.

Answer: False

Explanation: When the true perpetrator is not apprehended because an innocent person was wrongfully convicted, the perpetrator remains free and may commit additional crimes. One study estimates that 'wrong-person' wrongful convictions in the U.S. could result in over 41,000 additional crimes annually.

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Why is the risk of miscarriage of justice frequently cited as a rationale against the imposition of the death penalty?

Answer: Executing an innocent person is an irreversible miscarriage of justice.

Explanation: The risk of executing an innocent person means any miscarriage of justice in capital cases is irreversible, making the death penalty contentious when wrongful convictions are possible.

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What is a potential consequence when the actual perpetrator of a crime remains at liberty due to a wrongful conviction?

Answer: The perpetrator remains free and may commit additional crimes.

Explanation: When the true perpetrator is not apprehended due to a wrongful conviction, they remain free and may commit further crimes. One study estimates 'wrong-person' wrongful convictions could lead to over 41,000 additional crimes annually in the U.S.

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What is the estimated number of additional crimes potentially committed annually in the U.S. as a consequence of 'wrong-person' wrongful convictions?

Answer: Around 41,000

Explanation: A study estimates that 'wrong-person' wrongful convictions in the U.S. could lead to over 41,000 additional crimes annually.

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