Causes and Prevention of Criminal Investigative Failures: Looking Back to Face Forward
Professor & Director of the Center for Geospatial Intelligence and Investigation | Texas State University
Dr. Kim Rossmo’s presentation provided a critical and thought-provoking examination of criminal investigative failures, with a strong grounding in the context of Missing and Murdered Indigenous Women and Girls (MMIWG) cases. He emphasized that investigative failures are not isolated incidents, but often systemic, stemming from flawed thinking, missed learning opportunities, and organizational pressures. These failures manifest in ignored crimes, unsolved cases, and wrongful convictions – each carrying profound consequences for individuals and public trust in policing.
Drawing on research and data, Dr. Rossmo highlighted the prevalence and causes of wrongful convictions. In the United States, an estimated 1–5% of homicide and sexual assault cases involve wrongful convictions. The Innocence Project, for example, has documented over 205 DNA-based exonerations, with individuals spending an average of 14 years in prison, with approximately 70% of whom are minorities. He outlined the primary contributing factors: false confessions, unreliable informants, flawed forensic practices, eyewitness errors, and broader investigative mistakes. While these tools; witness testimony, confessions, and physical evidence, are essential to solving crimes, they each carry inherent risks that must be carefully managed.
A central theme of the presentation was the danger of cognitive biases and flawed reasoning in investigations. Dr. Rossmo explained how confirmation bias, tunnel vision, and reliance on cognitive shortcuts (heuristics) can lead investigators to prematurely fixate on a suspect or interpretation of evidence. He stressed the importance of moving away from black-and-white thinking and recognizing that assumptions can quickly become treated as fact. Probability language such as “likely,” “reasonable,” or “cannot be excluded”, can further compound errors, especially when misunderstood or misapplied. He also discussed how individuals are prone to seeing patterns in randomness (pareidolia), reinforcing false conclusions.
Beyond individual decision-making, Dr. Rossmo examined organizational factors that contribute to investigative failures. Policing structures – often hierarchical and semi-military, can foster groupthink, discourage dissent, and amplify the influence of dominant personalities. Combined with operational pressures, fatigue, and the urgency of high-stakes cases, these conditions can impair critical thinking and lead to rushed or flawed decisions. Policies, supervision, and structured review processes were presented as essential safeguards to mitigate these risks.
Finally, Dr. Rossmo underscored the importance of context when interpreting evidence, particularly DNA, and referenced research from the National Institute of Justice and case studies such as the David Camm investigation to illustrate real-world consequences. His presentation ultimately called for a more reflective, evidence-informed approach to investigations; one that prioritizes critical thinking, acknowledges human fallibility, and actively works to prevent error. By learning from past failures, policing can better position itself to deliver fair, accurate, and just outcomes in the future.