Cold Case

The work of the Austrian (criminal) police is undoubtedly good, with a high rate of resolution – especially in cases of serious crime. However, a collective “hooray” would be premature.

Investigations into serious crimes are generally under pressure to succeed. Media, superiors, the Minister: A perpetrator must be found! This can lead to a premature presentation of a suspect, resulting in a fatal tunnel vision. This, in turn, leads to one-sided investigations: only what fits the self-proclaimed perpetrator hypothesis is researched. What doesn’t fit is adjusted and constructed to fit. Exonerating evidence and clues that could lead to another perpetrator are ignored.

False – coerced – confessions, which are notoriously easy to obtain from juveniles, mentally slow or disabled individuals, and mentally ill persons. Confessions without a lawyer – (comprehensive) video documentation is not provided anyway. A later retraction usually carries little weight.

Erring or lying eyewitnesses and informants, flawed forensics, overwhelmed experts, career-conscious prosecutors, and incompetent or disinterested defense attorneys are further classic ingredients that can lead to a miscarriage of justice. “In the name of the Republic”: An innocent person is imprisoned.

Where there are humans, mistakes happen. They can either be discovered on their own or can be pointed out. Efforts can then be made to correct them – or to cover them up!

The high esteem of justice is above all else, the handling of miscarriages of justice is alarming, and there are no statistics on them (for safety reasons). Courts and prosecutors vigorously defend once-made judgments and allow the reopening of proceedings only reluctantly and unwillingly. Nothing is learned from mistakes – why should they? Even in cases of proven misconduct, police officers, prosecutors, or judges generally face no consequences.

The fight for the reopening of proceedings is akin to tilting at windmills. In addition to a lot of patience, perseverance, and excellent legal assistance, experienced detectives are sometimes needed.

Uncovered miscarriages of justice are the tip of the iceberg. Often by chance, massive assistance from third parties (journalists), or when the true perpetrator (such as on their deathbed) confesses, an entire wave of resolved errors worldwide is due primarily to subsequent DNA examinations. These serve as the strongest argument for opponents of the death penalty.

Errors or sloppiness by the police can, of course, also lead to investigations running into dead ends. For example, because a main suspect was prematurely (publicly) granted a clean bill of health. Still, it’s better than if an innocent person had been left to suffer.

The relatives of a victim usually cling to every straw. Therefore, it is emphasized emphatically that we neither have all the answers nor can we perform miracles; we certainly do not want to undermine the state’s monopoly on violence. But: The police may only use investigation methods that are expressly permitted – whereas we may do anything that is not expressly prohibited (investigations under a legend, arranging lie detector tests, etc.).