ACLU Report Exposes Systemic Flaws in US Capital Punishment

In November 2025, the American Civil Liberties Union (ACLU) released a report titled "Fatal Flaws: Innocence, Race, and Wrongful Convictions," exposing systemic issues within the United States' capital punishment system. The report highlights factors such as official misconduct, false testimony, eyewitness misidentification, unreliable forensic evidence, and racial bias in jury selection, emphasizing their disproportionate impact on Black men.

Since 1973, at least 200 individuals have been exonerated from death row across the United States. The ACLU's report identifies key contributors to these wrongful convictions:

• Official Misconduct: Actions by law enforcement or prosecutors, such as coercing witnesses, concealing exculpatory evidence, falsifying reports, or condoning perjury, are prevalent in wrongful death penalty convictions, particularly affecting Black exonerees.

• False Testimony or Perjury: Occurs in nearly 70% of wrongful death penalty cases and is the most common factor for Black and Latine exonerees.

• Eyewitness Misidentification: Contributes to one in five wrongful death penalty convictions, with misidentifications more likely when the witness and suspect are of different races.

• Unreliable Forensic Evidence: Plays a role in roughly one in three exonerations, with discredited forensic techniques like bite mark and hair analysis continuing to be used in death penalty cases.

• Racial Bias in Jury Selection: The exclusion of Black jurors leads to conviction-prone juries that do not represent the community.

The report underscores the profound human cost of wrongful convictions, particularly for Black men, who are disproportionately affected by systemic flaws in the death penalty system. It highlights the devastating impact on individuals and their families, as well as the broader implications for public trust in the criminal justice system. The ACLU's findings suggest that these systemic issues perpetuate racial disparities and undermine the integrity of the legal system.

Megan Byrne, senior staff attorney at the ACLU’s Capital Punishment Project, stated:

"Every wrongful conviction reveals not just individual failure, but the patterns of systemic injustice baked into the death penalty itself."

The ACLU calls for the repeal of the death penalty, expansion of post-conviction relief, and implementation of measures to ensure fair and diverse juries. These recommendations aim to address the systemic issues identified in the report and prevent future wrongful convictions.

The report also draws parallels between the modern death penalty and historical practices of lynching, noting that around 72% of lynching victims in the United States were Black, a figure closely resembling the 75% of executions of Black people in the South between 1910 and 1950.

The ACLU's "Fatal Flaws" report provides a comprehensive analysis of the systemic issues leading to wrongful death penalty convictions and emphasizes the urgent need for reform to prevent future injustices.