What Defines a Criminal?

By: Miya C. Dennis

Racial disparities in the criminal legal system have perpetuated harmful stereotypes that black and brown communities are inherently criminal. More than 60% of wrongful convictions that resulted in a DNA exoneration were caused in part by eyewitness misidentification. Systemic racism within the legal system plays a significant role in shaping society’s perceptions of crime and those accused of committing it. The concept of "criminality" is disproportionately tied to racial and ethnic minorities, especially Black and Latino communities.

Historically, laws stemming from slavery and colonialism have marginalized minorities while benefiting the prison-industrial complex. These policies created the false narrative that criminal behavior is linked to poverty or certain neighborhoods, particularly inner-city areas. This narrative has been reinforced by discriminatory practices such as redlining, voter disenfranchisement, and biased law enforcement tactics, which disproportionately target Black and Latino communities. As a result, these communities have been stigmatized as inherently criminal, further perpetuating cycles of poverty, incarceration, and systemic disadvantage. The legacy of these policies continues to shape the criminal legal system today, with racial profiling and mass incarceration serving as modern-day tools of social control.

Eyewitness Misidentifications and Racial Stereotypes

In our work with clients, eyewitness misidentification is a recurring issue. One notable example is James Bain, a man exonerated by the Innocence Project of Florida after being wrongfully convicted. Bain spent 35 years incarcerated due to a simple mistake in eyewitness identification, compounded by police misconduct.

Convicted in 1974, Bain was at home with his sister at the time of the crime. The victim, upon speaking with police, mistakenly identified Bain as the assailant based on his voice and sideburns. However, the key issue was the influence of others, including Bain’s uncle, who mistakenly insisted that Bain was the perpetrator. Eyewitness memory is often flawed, and in this case, the passage of time and the pressure from law enforcement and the victim’s uncle led to an inaccurate identification.

The lineup administrator—the same officer handling the case—further influenced the victim’s selection of Bain’s photo through suggestive body language and an unrepresentative lineup. This led to Bain’s wrongful conviction.  The FBI’s forensic analysis also played a critical role in his conviction. The serological testing of the victim’s underwear indicated type B blood, which was misinterpreted as Bain's, who had type AB blood. This flawed analysis, paired with eyewitness misidentification, contributed to his wrongful conviction for crimes he did not commit: sexual assault, burglary, and kidnapping.

After 35 years and countless rejected appeals, Bain's plea for freedom was finally addressed by the Innocence Project of Florida when the appellate court overturned the most recent denial of his DNA testing request. Advanced DNA testing performed by the DNA Diagnostics Center revealed that the male DNA found on the child victim's underwear excluded Bain as the contributor and conclusively demonstrated his innocence. Bain's ordeal showcases not just resilience and determination but also the serious flaws within the criminal legal system, particularly its emphasis on retribution. Could the system have helped Bain or even averted instances of injustice? What defines a criminal?

Discrepancy, Doubt, and Discrimination = Injustice 

According to the Oxford Dictionary, a criminal is defined as “a person who commits a crime and is legally responsible.” However, due to inherent biases formed through systematic practices, our understanding has evolved to label anyone deemed suspicious as a wrongdoer. The legacy of slavery and the 13th Amendment continues to shape the prison-industrial complex. After slavery was abolished in 1865, the 13th Amendment allowed for prison labor as punishment for a crime—sometimes exploited by private companies. Black Codes led to the encryption of the modern-day incarceration system, set to wrongfully target and imprison black and brown communities.  This undergirds the false notion that those of non-European descent are more likely to commit crimes, such as in Bain’s situation. 

James, earlier this year in Tampa

Since his release in 2009, Bain has dedicated much of his time to raising awareness about wrongful convictions, sharing his story at events to ensure that others don’t endure the same fate he did. Today, James is happily married with two children, finding joy in the moments he now gets to share with his family. His role as a father is one of his most cherished, and as his daughter prepares to start college this year, Bain is fully involved in helping her transition into this exciting new chapter of life. From supporting her as she gets comfortable with long-distance drives to ensuring she has everything she needs for college, Bain’s support is unwavering.

Later this year, James will celebrate his 70th birthday, a milestone he once thought he might never see. It will be a moment for reflection, celebration, and appreciation for the life and freedom he’s reclaimed. His journey from wrongful imprisonment to a loving family and a life of purpose continues to inspire all who hear his story. Many cases seen by the Innocence Project of Florida and beyond could be prevented by holding those involved responsible for safe and fair practices.

Sources:

Bureau of Justice Statistics. (2020). Race and ethnicity of prisoners. U.S. Department of Justice. Retrieved from https://www.bjs.gov/

Innocence Project. (2022). Eyewitness misidentification. Innocence Project. Retrieved from https://www.innocenceproject.org/

Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. The New Press. Retrieved from https://newjimcrow.com/

The National Registry of Exonerations. (2022). Exonerations in the United States, 1989-2022. Retrieved from https://www.law.umich.edu/special/exoneration/Pages/Exonerations-in-the-United-States-Map.aspx

Innocence Project of Florida. (n.d.). James Bain case. Innocence Project of Florida. Retrieved from https://floridainnocence.org/

Wells, G. L. (1998). Eyewitness identification: The role of confidence in accuracy. Psychology, Public Policy, and Law, 4(3), 595-607. https://doi.org/10.1037/1076-8971.4.3.595

National Archives. (n.d.). The Black Codes and post-Civil War injustice. National Archives. Retrieved from https://www.archives.gov/