Defending Jacob

by William Landay

Does that sound awful to you? I hear the little voice in your head: Destruction of evidence! Obstruction of justice! You are naive. You imagine the courts are reliable, that wrong results are rare, and therefore I ought to have trusted the system. If he truly believed Jacob was innocent, you are thinking, he would have simply let the police sweep in and take whatever they liked. Here is the dirty little secret: the error rate in criminal verdicts is much higher than anyone imagines. Not just false negatives, the guilty criminals who get off scot-free—those “errors” we recognize and accept. They are the predictable result of stacking the deck in defendants’ favor as we do. The real surprise is the frequency of false positives, the innocent men found guilty. That error rate we do not acknowledge—do not even think about—because it calls so much into question. The fact is, what we call proof is as fallible as the witnesses who produce it, human beings all. Memories fail, eyewitness identifications are notoriously unreliable, even the best-intentioned cops are subject to failures of judgment and recall. The human element in any system is always prone to error. Why should the courts be any different? They are not. Our blind trust in the system is the product of ignorance and magical thinking, and there was no way in hell I was going to trust my son’s fate to it. Not because I believed he was guilty, I assure you, but precisely because he was innocent. I was doing what little I c...