Digital Innocence
Preventing and Overturning Wrongful Convictions
with Digital Evidence
Fighting Wrongful Convictions with Digital Evidence
The Digital Innocence Initiative is a first-of-its-kind, not-for-profit organization dedicated to preventing and overturning wrongful convictions using digital evidence. We provide technical knowledge, guidance, and resources on digital evidence to public defenders and individuals pursuing post-conviction claims of actual innocence.
A strong defense does not happen by accident—it requires a combination of knowledge, resources, and initiative. Our free resources are designed to make a positive impact by offering practical, common-sense solutions that can strengthen public defense efforts today.
More people have been wrongfully convicted due to digital evidence than most realize.
In our study of post-conviction cases, we identified at least 20 individuals wrongfully convicted in cases involving digital evidence, some as far back as 1999, who collectively spent approximately 197 years in prison. This highlights the urgent need for a nationwide post-conviction review of cases involving digital evidence.
Our Mission
To expand the use of digital evidence in preventing wrongful convictions by building a nationwide coalition of defense-oriented organizations. Central to this effort is the establishment of Digital Evidence Review Units (DERUs), ensuring that public defenders have the training, resources, and solutions needed to leverage digital evidence effectively. We aim to set a national minimum standard for digital evidence training, strengthening public defense and promoting a fairer, more equitable criminal justice system.
Our initiative tackles the root causes of wrongful convictions by strengthening public defense at the system level, equipping defenders with the tools, training, and resources needed to provide effective representation.
- We partner with public defenders to establish Digital Evidence Review Units (DERUs), ensuring they have in-house expertise to effectively analyze and challenge digital evidence.
- We raise awareness of the unacceptable number of wrongful convictions caused by digital evidence and advocate for post-conviction review in all cases where digital evidence was a deciding factor.
- We developed the first criteria for post-conviction review of digital evidence cases, helping to uncover new evidence that could prove digital innocence.
- We created the first consolidated online Digital Evidence Toolbox specifically for public defenders, providing essential resources to strengthen defenses and prevent wrongful convictions.
- We research new digital forensic tools, advanced technologies, AI, and investigative methods to uncover fresh evidence in old cases—sharing our findings with public defenders and the broader defense community.
Join us in expanding access to DERUs and digital evidence resources—partner with us to strengthen public defense and fight for justice.
With advancements in technology, digital evidence is now part of 90% of current serious cases. It has been used by law enforcement to accuse and convict since the 1980s, but its use increased dramatically in the late 1990s with the proliferation of cell phones.
Just as wrongful convictions involving DNA, caused by misapplied forensic science and a weak or ineffective defense, have led to miscarriages of justice, digital evidence is following the same path. It has resulted in wrongful convictions dating back to 1999 and continues to contribute to wrongful convictions today with the advent of technologies like AI and facial recognition.
According to the National Registry of Exonerations, misapplied forensic science has contributed to more than half of wrongful convictions since 1989, with the leading contributing factor being a weak or ineffective defense.
According to the Innocence Project, more than 60% of their clients were represented by public defenders, and 68% of those exonerated were minorities. Between the dual forces of misapplied forensic science and weak or ineffective defense, those who rely on public defenders are most at risk.
Post-Conviction Review and Criteria
We are the first to recognize the urgent need for nationwide post-conviction review in cases involving digital evidence. To address this, we created the first-ever Post Conviction Review Criteria—a framework designed to help defenders identify key evidence, locate it, apply new forensic technologies, and determine the best methods for uncovering new digital evidence.
We also work with public defenders to establish Digital Evidence Review Units (DERUs), ensuring they have the in-house expertise to effectively analyze and challenge digital evidence.
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* Only cases from individuals with post-conviction claims of actual innocence will be considered.
Partner with Experts—Join our network to expand access to Digital Evidence Review Units (DERUs), digital evidence training, and post-conviction review resources that can help prevent and overturn wrongful convictions.
Digital evidence, technology, and the law are constantly evolving. Our research and resources help bridge the technical knowledge gap, providing practical solutions to strengthen public defense.
Join our network to access our online Digital Evidence Toolbox, stay informed about emerging digital forensic technologies, learn the latest methods to prevent wrongful convictions, and apply our post-conviction review criteria to uncover new evidence in claims of actual innocence.
We support public defenders in establishing Digital Evidence Review Units (DERUs), equipping them with the expertise to analyze and challenge digital evidence effectively.
About Us
Our initiative was founded by an experienced defense investigator joined by expert defense practitioners from both public and private sectors specialized in providing digital evidence resources for the defense.