Far from being limited to adversarial systems, wrongful convictions also occur in continental Europe, where most countries have an inquisitorial or a mixed criminal justice system.
In Germany, 85% of crimes committed in a year qualify as low-level. Despite – or precisely because of – their simplicity, minor crimes are at higher risk of leading to wrongful convictions.
“Every fourth conviction is erroneous.“
Ralf Eschelbach,
Former Judge at the Federal Court of Justice, Germany
In serious criminal cases, the court appoints a public defender if the suspect cannot afford the services of a defence lawyer.
Due to the high stakes of a potential conviction, criminal justice systems tend to handle them with particular care. And yet, mistakes represent more than a few exceptions.
On the other hand, criminal cases carrying minor penalties constitute the majority of a prosecutor’s workload. These cases are typically simpler and criminal justice systems close them with minimal effort. Wrongful convictions happen even more frequently across criminal justice systems.
The causes of wrongful convictions are well-known and find fertile ground beyond the United States. In continental Europe, studies have found similar causes of wrongful convictions:
1. biased police investigation,
2. prosecutorial misconduct,
3. informant testimony,
4. mistaken eyewitness identification,
5. erroneous testimony,
6. false confession,
7. faulty forensic evidence,
8. inadequate legal counsel.
Each case of potential wrongful conviction in a minor or serious case is analysed thoroughly through the lenses of these potential causes. We are collaborating with experts from the fields and countries required by the cases sent to us.
You are welcome to book a discovery call in order to assess the relevance of our services for your case and the potential costs.
Please send us all information and the documents of your case at least one week before the date of the initial consultancy.