ACLU Report Exposes Systemic Flaws in US Death Penalty System

On November 19, 2025, the American Civil Liberties Union (ACLU) released a report titled "Fatal Flaws: Innocence, Race and Wrongful Convictions," highlighting systemic issues within the U.S. death penalty system that have led to wrongful convictions, disproportionately affecting Black men.

The report identifies several key factors contributing to these miscarriages of justice:

• Official Misconduct: Misconduct by police or prosecutors, such as coercing witnesses and concealing exculpatory evidence, is the most common factor in wrongful death penalty convictions, particularly impacting Black exonerees.

• False Testimony or Perjury: Nearly 70% of wrongful death penalty cases involve false testimony or perjury, making it the most prevalent factor for Black and Latine exonerees.

• Eyewitness Misidentification: This factor 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: Approximately one-third of exonerations involve unreliable forensic evidence, including discredited techniques like bite mark and hair analysis.

• Racial Bias in Jury Selection: Practices such as "death qualification" and the exclusion of Black jurors result in conviction-prone juries that do not represent the community.

Since 1973, at least 200 individuals have been exonerated from death row in the United States. A 2014 study estimated that at least 4.1% of those sentenced to death are likely innocent, suggesting numerous wrongful convictions remain undiscovered. Black individuals constitute a disproportionate number of those wrongfully convicted and sentenced to death.

The report highlights the case of Glynn Simmons, who spent 48 years wrongfully imprisoned, marking the longest known wrongful incarceration in U.S. history. Additionally, Jimmie Duncan was released on bail after nearly 30 years on death row in Louisiana due to unreliable forensic evidence, specifically debunked bite mark analysis.

The ACLU calls for several legislative and systemic reforms to address these issues:

• Repeal the Death Penalty: Abolishing capital punishment to prevent wrongful executions.

• Expand Post-Conviction Relief: Enhancing mechanisms for reviewing and overturning wrongful convictions.

• Ensure Fair and Diverse Juries: Implementing measures to prevent racial bias in jury selection.

• Strengthen Executive Clemency and Innocence Review Commissions: Bolstering the powers and effectiveness of bodies that can intervene in cases of wrongful conviction.

The report underscores the profound human and societal costs of wrongful death penalty convictions:

• Erosion of Public Trust: Systemic failures leading to wrongful convictions undermine confidence in the criminal justice system.

• Racial Injustice: The disproportionate impact on Black individuals highlights ongoing racial biases within the legal system.

• Psychological and Economic Toll: Wrongfully convicted individuals and their families suffer immense emotional and financial hardships.

The issues highlighted in the ACLU's report are not new. Historical cases, such as the wrongful conviction of George Stinney Jr., a 14-year-old Black boy executed in 1944 and posthumously exonerated in 2014, illustrate the longstanding nature of these systemic problems.

The ACLU's "Fatal Flaws" report provides a comprehensive examination of the systemic failures leading to wrongful death penalty convictions in the United States. It calls for urgent reforms to address these injustices and prevent future wrongful executions.