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Investigating Wrongful Convictions%u2013AFI-LLC %u2013September 20253of 9Copyright %u00a9 2025Associates in Forensic Investigations, All Rights ReservedEven when a lawsuit brings monetary gains to the wrongfully convicted, the wrong done can never be erased from their minds as well as the minds of others. Even with %u201cexonerated%u201d on the record, some people believe the exonerated must have done something andare only getting off on some legal technicality. Yes, those legal technicalities do exist although rare, and the numbers keep mounting up for the innocent victims of our judicial system. Most often a %u201clegal technicality%u201d is a violation of rights, Rule ofEvidence, Rules of Procedure, or legal statute. These are the same rights and procedures every person has.Although there is not a perfect system, simple changes can result in fewer wrongful convictions. To start, what can be done is to conduct thorough investigations. Looking at all angles of facts and then following through until it is proven or disproven forany evidence obtained evidence includes direct and circumstantial, and from physical to witnesses. Too often evidence is tossed aside because it does not fit the current mind set of the individual doing the investigation, whether it is in the law enforcement or legal investigation. This type of investigation is not a thorough investigation, it is a lazy one-angled investigation, and it is assisting in the devastation of the wrongfully accused.Money seems to be an issue in conducting a thorough investigation. However, the money utilized in the investigative process is far less than the money lost in appeals and lawsuits. Educating the public on %u201creal%u201d investigations and what it truly takes to follow through rather than what they see on television, which has become known as the %u201cCSI%u201d effect. These individuals watching CSI may be part of a jury one day, which could lead to either the innocent being sent to prison or possibly death, or the guilty being set free back into society. Not only do the wrongfully convicted live a nightmare in prison, the families and friends of the victims in these cases have to relive their nightmare all over again. Remember, when the wrongfully convicted are put behind bars, the families and friends of the victims believe the right person was convicted in the crime of their loved ones. Then to find out years later the wrong person was convicted in the crime, the fight for their personal justice starts all over again.All legal investigators should pride themselves in conducting thorough investigations no matter how big or small the case may be. It does not matter the type of case working on, investigations need to be worked from every angle possible. A one-angled investigation %u2013Tunnel Investigation %u2013is not acceptable. Think of looking through the lens of a camera, the investigator can take a photograph which may give a few facts needed in the investigation; or a series of photographs and get perhaps all of the facts, the good, the bad, and the ugly, needed in the investigation. This applies to any official investigation and the legal investigator%u2019s investigation.It is important to note a wrongful conviction is not limited to guilt or innocence. Most often the underlying issue in the wrongful conviction is specific to the charge(s). For example, a person may be wrongfully convicted of a degree of homicide, when thefacts in evidence are consistent with the elements to manslaughter. There is a domestic argument, which becomes heated and then becomes physical. A struggle ensues and a person reaches for a kitchen knife and stabs the other person, resulting in their death. What do the facts in evidence show? Were any facts and evidence not provided at trial? Was any evidence withheld by prosecution from discovery to defense? What are the comparative elements of both criminal acts? Was the act criminal, or justified as an element of affirmative defense?These are just a few of the questions the legal investigator %u2013and perhaps a consulting expert %u2013should pursue for the defense attorney and team. Of importance is identifying the event, the evidence, and how these unfold to tell the facts.These may also be important is negotiating a post-conviction Alford Plea Nolo Contendere or No Contest. According to the Legal Dictionary (www.legaldictionary.net/alford-plea), an Alford Plea is, %u201cAn Alford plea is a plea that may be entered by a defendant who has been charged with a crime. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty.%u201dThedefendant is pleading guilty, while maintaining their claim of innocence.Chapter from our book: Professional Legal Investigations %u2013www.PrivateInvestigations.org