New ACLU report exposes systemic failures behind wrongful death penalty convictions

4WardEverUK • 23 November 2025

source: ACLU

first published: 19 November 2025

Image Credit: sakhorn38 at www.FreeDigitalPhotos.net


The American Civil Liberties Union released Fatal Flaws: Innocence, Race and Wrongful Convictions today, a new report exposing how racism, human error, and systemic failures have made wrongful convictions, and particularly the wrongful conviction of Black men, an inevitable consequence of the death penalty system.


Fatal Flaws underscores the devastating and irrevocable human cost of a flawed system – one that robs people of decades of life while waiting for an exoneration, or in the worst of cases – costs innocent life. Despite growing public opposition to the death penalty, there have been more executions this year than any year over the past decade, including of people who had compelling innocence claims.

“Every wrongful conviction reveals not just individual failure, but the patterns of systemic injustice baked into the death penalty itself,” said Megan Byrne, senior staff attorney at the ACLU’s Capital Punishment Project. “The death penalty was built on a foundation of racism, and those roots still shape how it works today.


"When you combine that history with human bias and political pressure to reach convictions in high profile cases, it becomes clear why wrongful death sentences are not rare accidents, they’re the predictable result of a fundamentally flawed system that fails the accused and the community at large. The only way to prevent wrongful convictions is to end the death penalty once and for all.”

Since the modern death penalty era began in 1973, at least 200 people have been exonerated from death row across the United States. At least 21 others who were likely innocent have already been executed. The report examines the factors that led to these wrongful convictions and highlights the human stories behind them, including Glynn Simmons, who spent 48 years wrongfully imprisoned, the longest known wrongful incarceration in U.S. history.


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