The Narrow Road to Exoneration - the Incidence, Characteristics and Outcomes of Wrongful Conviction Claims in Sweden over a One-Year Period

Abstract

One way of investigating the phenomenon of wrongful convictions is to study the road to exoneration. In some respects, the post-conviction review process lies at the heart of the wrongful conviction issue, since this is where alleged miscarriages of justice are either acknowledged or rejected. However, the number and characteristics of the criminal cases that pass through the Swedish post-conviction review process are unknown. Against this background, the overarching objective of the present article is to provide an empirical basis for an informed discussion of wrongful convictions. More specifically, this article examines wrongful conviction claims and the judicial outcomes of these claims over a one-year period. The findings are discussed in relation to the view that the operation of the post-conviction process may be understood as a means by which the legal system may preserve its legitimacy. It is also discussed why there is a need for more transparency in this particular part of the criminal justice system.