Date of Conferral

7-8-2025

Degree

Ph.D.

School

Psychology

Advisor

Jessica Millimen

Abstract

Before trial, prosecuting attorneys obtain and review evidence, including the types of evidence (i.e., perjury/false accusations, official misconduct, mistaken eyewitness testimony, false/misleading forensic evidence, false confessions, and inadequate defense counsel) that most often lead to wrongful convictions. The role of the prosector after conviction has been explored. The scholarly community needed to understand how prosecuting attorneys view this evidence at the pretrial stage so some wrongful convictions may be prevented. The purpose of this study was to explore prosecuting attorneys’ experience and perceptions regarding the evidence that most often leads to wrongful convictions at the pretrial stage. As part of the phenomenological qualitive approach, interviews were conducted via phone and on the SurveyMonkey platform with 10 current and former prosecutors. Manual hand-coding and data analysis software were used to analyze and organize the data. Cognitive bias theory served as the study’s theoretical framework. The findings revealed that participants had limited knowledge of the types of evidence that most often lead to wrongful conviction, except for eyewitness testimony. Understanding prosecutors’ perceptions and experience regarding the evidence that most often leads to wrongful convictions at the pretrial stage could promote positive social change. Stakeholders may be able to implement strategies, training, and reform to reduce wrongful convictions before individuals are convicted and sentenced to incarceration

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