Wrongful Convictions with Prison Sentences in Spain

  1. Nuria Sánchez 1
  2. Guadalupe Blanco-Velasco 2
  3. Linda M. Geven 3
  4. Jaume Masip 1
  5. Antonio L. Manzanero 4
  1. 1 Universidad de Salamanca
    info

    Universidad de Salamanca

    Salamanca, España

    ROR https://ror.org/02f40zc51

  2. 2 University of Ontario Institute of Technology
    info

    University of Ontario Institute of Technology

    Oshawa, Canadá

    ROR https://ror.org/016zre027

  3. 3 Leiden University
    info

    Leiden University

    Leiden, Holanda

    ROR https://ror.org/027bh9e22

  4. 4 Universidad Complutense de Madrid
    info

    Universidad Complutense de Madrid

    Madrid, España

    ROR 02p0gd045

Revista:
The Wrongful Conviction Law Review

ISSN: 2563-2574

Año de publicación: 2024

Volumen: 5

Número: 1

Páginas: 8-26

Tipo: Artículo

DOI: 10.29173/WCLAWR115 GOOGLE SCHOLAR lock_openAcceso abierto editor

Otras publicaciones en: The Wrongful Conviction Law Review

Resumen

Researchers worldwide have extensively explored the factors contributing to wrongful convictions and the characteristics of individuals affected by these miscarriages of justice for over a century. Despite these global efforts, limited research has been conducted on this issue in Spain. This study seeks to address this gap. We trained coders to assess available review judgments issued by the Spanish Supreme Court from 1996 to 2022. We identified 89 cases of individuals wrongly sentenced to deprivation of liberty. Our findings indicated that 92% of those wrongfully convicted were male, with the majority having a prior criminal record. Most exonerations involved minor crimes, and 85% of individuals were sentenced to less than 4.5 years of deprivation of liberty. Professional misconduct emerged as the primary contributing factor, followed by the misapplication of forensic science, misidentifications, false testimonies, and false confessions. This project sheds light on wrongful convictions in Spain, emphasizing the need for comprehensive measures to address this issue. The current results have practical implications for justice professionals, policymakers, and legal practitioners. It is crucial to educate professionals in the judicial system on the causes of judicial errors, the biases that may influence them, and best practices to improve processes and reduce the occurrence of wrongful convictions.