Day of Innocence and the Reading of Authentic False Confessions

On March 25, 2003, the Day of Innocence was first declared at the University of Texas in the United States. Since then, it has been commemorated annually with rallies advocating for the abolition of the death penalty, featuring exonerees and senior legal professionals.

Since 2004, the movement for reducing the weight of confessions in criminal cases has marked the Day of Innocence in Israel during the same week it is observed in the United States.

There is a deep connection between criminal law and the preservation of a free society. What distinguishes free societies from dictatorships is the fundamental principle of criminal law: the presumption of innocence. This principle dictates that an individual is presumed innocent until proven guilty beyond a reasonable doubt, with the burden of proof resting on the state.

The presumption of innocence is designed to protect citizens from government overreach and to ensure their freedom. However, the harsh reality of the justice system is that it is vulnerable to ambition, racism, pride, corruption, and other human flaws.

As part of the seminar on preventing wrongful convictions and ensuring fairness in criminal trials, students were tasked with researching cases in which miscarriages of justice occurred or were suspected. By demonstrating how key factors leading to wrongful convictions appeared in the cases they examined, the students cast doubt on the legal outcomes and confirmed the likelihood of injustices having taken place.

Miscarriages of justice and wrongful convictions can occur at any stage of the criminal process—during investigations due to violations of the right to counsel, infringements on the right to remain silent, illegal police conduct, procedural violations, deceit, and manipulative interrogation tactics. They can also occur during trials due to flawed evidence, reliance on eyewitness testimony, issues of credibility assessment, repressed memories, and sometimes judicial bias influenced by media and public opinion.

The primary goal of the criminal justice process is to uncover the truth—who committed the crime. Theoretically, this should be achieved through a legal procedure in which evidence is examined, witnesses testify, and arguments are presented. Law enforcement agencies today have advanced scientific tools to collect solid evidence: fingerprints, gunpowder residue, shoe prints, blood type, DNA, and more—all the forensic elements that captivate television audiences in crime dramas.

Determining factual truth is a crucial legal procedure, as it serves to protect the public—not only from wrongful convictions but also from the acquittal of actual perpetrators. A wrongful conviction often means that the real criminal remains free.

In practice, however, even when a proper legal process is conducted, the primary evidence that incriminates the accused—and upon which convictions are based—is often their own confession. In Israel, over 95% of convictions result from confessions made during interrogations or through plea bargains rather than from full legal proceedings involving open trials, witness cross-examinations, and evidence presentation before a judge.

Can a conviction truly be based beyond a reasonable doubt solely on the confession of the accused?

On the evening of March 23, 2023, at the Sha’arei Mishpat Academic College, students read authentic texts from six individuals who were convicted based on confessions to crimes they did not commit.Summaries of Their Stories and Authentic Quotes

Adir’s Story

Adir was accused of murdering his partner in Eilat after she was found dead in their shared apartment with bruises on her body. Investigators ignored the possibility that his hand injuries were work-related from his carpentry job and pressured him into confessing. Later, after significant investigative failures were uncovered, he was acquitted in 2016. However, his life was irreversibly damaged.

“I told them, maybe I did hit her, they want me to confess to something I don’t know.” “The investigator asked me if I was sorry. What could I say? I answered, yes, I did something I shouldn’t have done.” “During the reenactment, the investigator took me to see my deceased partner and continued questioning me in front of her body.”

Kamal’s Story

Kamal, along with two family members, was convicted of the rape and murder of a young woman who disappeared from Haifa. The conviction relied on the testimony of a state witness who was arrested in an unrelated case and agreed to testify in exchange for a reduced sentence. Later, concealed prosecution documents were discovered, but the Supreme Court refused to allow a retrial. After serving 35 years in prison, Kamal was released and continues to proclaim his innocence.

“They tied me upside down with a sack over my head, beat me with broomsticks, and forced me to bark and crow like an animal.” “I saw my wife’s life without me, my mother growing old in an empty house in the village.” “If I had not confessed, I would not have survived.”

Michael’s Story

Michael, a 14-year-old boy from San Diego, California, was accused of murdering his 12-year-old sister after police allegedly found his hair on her body. Investigators intimidated him, told him he had “multiple personalities,” and convinced him that he had committed the crime. After spending 10 months in detention, DNA evidence proved that the real murderer was a schizophrenic named Richard. Although Michael was acquitted, the trauma remains.

“I always believed in science, and I think that was my weakness in this case. They told me that science said I did it, and I trusted that more than my own memory.” “I was completely lost. I remember not knowing what was happening, not being sure of anything anymore.” “When the DNA results came back, I think that was the first time I felt happy in months.”

Dina’s Story

Dina, a housekeeper, was accused of stealing 450 NIS from her employers. Despite her denials, she was detained for two days and eventually agreed to a plea bargain to secure her release. Years later, the family discovered that one of their own had been stealing money. Despite her exoneration, she never received compensation for the injustice she endured.

“I told the officers that my children needed to be picked up from kindergarten and that my three-month-old baby was with the nanny and needed to be nursed.” “After two days in detention, I thought it was better to confess to something I didn’t do than to be separated from my children again and stay in that horrible place.” “For me, this story will never end. The anxiety I feel when I see a police car will never go away.”

Ashraf’s Story

Ashraf entered a hotel to inquire about renting a long-term room. The hotel staff suspected him and called security, alleging that he was an Arab planning a terrorist attack. He was arrested and, after several days of aggressive interrogation, falsely confessed to planning an attack. Later, it was revealed that he had been misidentified. After two years in prison, he was acquitted.

“If they had wanted me to confess to assassinating Rabin, I would have done it.” “I couldn’t sleep, I couldn’t stretch out my hands… I had to curl up, suffering through extreme heat and then unbearable cold.” “I realized I had no choice. If I didn’t say what they wanted, I wasn’t getting out.”

Amiram’s Story

Amiram was arrested on nationalist charges and accused of murdering a family. The Shin Bet used “special measures” (torture), leading to his confession out of fear for his life. Although his confessions given under torture were dismissed, those given afterward were accepted, and he was sentenced to three life terms. His request for a retrial was denied, and he remains in prison under harsh conditions.

“I told them they were framing me and that I had nothing to do with this.” “At a certain point, I couldn’t bear the pain anymore and confessed to something I hadn’t done, just to make it stop.” “Only a day before my indictment, my family and lawyer learned about it.”

Video of Day of Innocence 2023 and the Reading of Authentic Texts from People Who Confessed to Crimes They Did Not Commit – Watch the video here

Acknowledgments

• Host: Rasil Abed Al Hai
• Adir’s Story: Roy Ronen
• Kamal’s Story: Muataz Abed Al Hai
• Michael’s Story: Stella Chen Isakov
• Dina’s Story: Guy Shoshan
• Ashraf’s Story: Avigail Gershon
• Amiram’s Story: Avraham Feiglin

Filming: Anat Assouline
Editing: Daniel Nachanson