Even though America’s prisons are illustrated as a credible approach for individuals and institutions to bring justice, it has done a poor job to properly convict people for criminal acts and instances of violence, and to provide victim’s with satisfaction for due justice. Karakatsanis further evaluates upon the process of convictions in America. For instance, he examines the techniques that help support a court verdict, when he writes, “For many decades, American courts have allowed criminal convictions based on policing and forensic techniques that lack a scientific basis. Even after these methods were formally exposed as unscientific by the most prestigious collection of American scientists, police, prosecutors, and courts continued to use them every day nonetheless” (Karakatsanis (265). In accordance with Karakatsanis, the process for criminal convictions are largely flawed. In particular, eyewitness testimonies from police and evidence from forensic lack a significant scientific groundwork, and such approaches have been heavily scrutinized and criticized by the scientific community. Even with such criticism, there have been a lack of an institutional reform to rectify these imperfections. Subsequently, the methods for criminal convictions are often unreliable. Subsequently, plausible consequence may include how criminal suspects may be wrongful convicted of a crime that they were never involved in, and the victim’s or the victim’s family’s desire for justice may never
In this day in age, technology is rapidly redefining acceptable standards. The way our legal system requires evidence is much more profound as compared to a decade ago. In the past forty two years, “one hundred and fifty five people have been exonerated from the death penalty” (Innocence). Technological advances played a significant
The effect of this cause is that the cons are still out there on the streets, however; the evidence is
The U.S. Department of Justice is responsible for enforcing federal laws and administrating justice systems in the United States. However, the U.S. Department of Justice has a criminal justice system that is not fair for everyone in the country, specifically for those who are mentally ill, or poor. Over the past couple of years in the United States, there have been many innocent people wrongfully convicted and put on death row due to the corruption of the government. The main factor that has been identify as the cause of wrongful convictions is eyewitness misidentification. The Bedau and Radelet’s study demostrates that there are around 350 wrongful convictions in capital cases. Many abolitionists have arisen against capital punishments, since the exponential increase of exonerations based on DNA or non-DNA evidence. Their goal is to improve the current methods performed by our criminal justice system. The U.S. Department of Justice has acknowledged that its current criminal justice system is not being very effective in punishing the guilty. Since there have been many cases of wrongful convictions, many people are starting to question what has been the improvements that the U.S. Department of Justice has make in order to prevent false imprisonment and death penalty of innocent people. The Department of Justice has tried to decrease the number of inmates who were wrongly put on death row by improving prosecutorial accountability, by researching past criminal cases, and by
Across the United States, city and county governments seek to gain revenue through the illegitimate jailing of indigent defendants who cannot afford to pay the large and cumbersome fines that accompany committing (seemingly petty) crimes— such as missing court dates, a requirement for classes such as anger management, the list goes on. Indeed, the practice of debtor’s prison has long been ruled unconstitutional by the Supreme Court within the United States, yet a contemporary form of debtor’s prison has begun to take form which targets vulnerable populations. When an individual commits a crime, they are to be justly punished. If this punishment consists of a fine, that fine is expected to be paid accordingly; if the fined individual simply does not have the time or money to pay these steep fines, however, they are sent to jail indefinitely. This rise of financial burden imposed upon the liberty of low income citizens through the fining, issuing of fees, and jail time sanctioned by the criminal justice system has resulted in new, illegitimate, and ostensibly unconstitutional forms of debtor’s prisons that permeate contemporary U.S. society. Jeopardizing the liberty of vulnerable populations, based upon material inequality and extraction of necessary resources, only does one thing within a society: continue the cycle of poverty and increase the poor’s dependence upon the rich for their liberty, equality and most importantly, survival.
The United States’s criminal justice system brings together laws and punishments that had been previously used in Europe for hundreds of years, as well as adding new ones that were appropriate for the new way of life experienced in the colonies and today. Certain practices and punishments, such as capital punishment, law enforcement, and interrogation practices, used today have evolved from the first time they were introduced to the criminal justice system of America. The criminal justice system of America is more organized now and so practices and punishments can be used more efficiently, but not necessarily effectively. This is seen with the origins and problems and solutions caused by using capital punishment, certain interrogation techniques, and having law enforcement.
The United States is one of the most developed countries in the world, if not the most developed, yet the U.S. has the largest prison population in the entire world by far. For most of my life I have always believed that the American justice system worked. When people do wrong they need to be punished and pay for their crimes. That is what our justice system is here for so how could is possibly go wrong? Unfortunetly it is not as simple as it sounds and all it takes is a little research to discover why. Before researching the U.S. criminal justice system, I would never have considered the fact that the U.S. has the worst prison population in the world. The more I reasearched, the more I realized that my own belief's of the justice
In order to properly discuss this topic, the paper has been separated into three main parts which include: DNA evidence, death row, and the Innocence Project. The section regarding DNA evidence starts out with what exactly is DNA and why it is so important to science, forensic science, and then gets further into detail of how it became completely admissible in court cases. The second section being discussed is the death penalty in the United States and has one subsection. It begins with basic information on the death penalty and statistics of conviction, wrongful and not, and what causes people to be wrongfully convicted. The subsection for the death penalty section discusses just a few wrongful conviction cases; what went wrong that these people were wrongly convicted and did they ever get a chance to plead for their innocence after being sent away to death row. The third and final portion discusses the newer and very important program called the Innocence project, explaining what it is they do and how it has helped people.
The conviction of innocent people is perhaps the worst nightmare of a criminal justice system. sending someone to jail for a crime that he has not committed, without the system having been able to discriminate effectively against the author, is one of the main mistakes that can be committed and with very serious consequences for the life of the affected person and their environment, which can hardly be repaired with subsequent economic compensation. Unfortunately, comparative experience shows us that there is no criminal justice system immune to the possibility of making mistakes of this kind. On the contrary, in recent years, investigations have been carried out in several countries that show the enormous fallibility of criminal justice systems.
False convictions are an ongoing dilemma in criminal cases. The available research is a significant barrier to understanding the prevalence of suspects being convicted of crimes they did not commit. Ethical considerations and variations in individual law enforcement agency policies contribute to the limited availability of records that often are fragmented, incomplete, and difficult to translate. Critical Information does not flow fluidly across the over the 3,000 counties represented in the United States. The multifaceted nature of crimes results in unlimited categorical variables that may influence outcomes of cases and pose extreme difficulty in uncovering mistaken convictions. There is an overwhelming lack of satisfactory data demonstrating that due process safeguards reach a standard in which capital punishment can be upheld as a constitutional, ethical, and moral option for the overall carriage of justice. The opposite is true, the speculative character and lack of concrete research about false convictions are proof that capital punishment, in the face of executions of innocent human beings, is a negligent, illegitimate, and unjust punishment that should be abolished.
The American Justice system has long been described as broken from its alleged corruption to racial bias in its courts. There is irrefutable evidence about its failure to deliver justice to victims and the convicted. However, one aspect rarely discussed is the purpose of punishment, which is the very foundation of every justice system. Retribution, restitution and rehabilitation serve as the three main pillars in the purpose of punishment. America's approach at achieving them is traditionalist but ineffective, making it their greatest downfall. In contrast, Sweden's world renowned justice system has a unique and innovative perspective in the purpose of punishment allowing for much greater success. The Swedish justice system’s approach at retribution,
The difficulties in providing for a fair system under the overarching theme of justice, where there are communication barriers between cultures that do not share similar values and experiences is a most challenging exercise. These difficulties lead to dire consequences when these barriers to communication arise in the criminal justice system; the innocent is sentenced and witnesses manipulated.
Cesare Beccaria’s publication of “On Crimes and Punishment” has become a handbook in criminology world. Although Beccaria publication was meant for his country of Italy to make the criminal justice system more ethical and efficient (Raymond. 2010), many other countries (U.S. included) adopted some of Beccaria’s principles. Beccaria’s believed in “swift and severe punishment for deterrence of crime and the U.S justice system still uses this theory to today. I feel that the U.S justice system uses severe and swift differently than other countries might convict their criminals. With the U.S justice system once a criminal is arrested and sent to jail depending on the crime, the city, how many cases the court house has and the bail set, the criminal could be
The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.
According to the Universal Declaration of Human Rights article 11, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense” (Claiming Human Rights). This right to the presumption of innocence is a basic human right, which everyone is entitled to because a human right is a right one has because one is human. However, in some cases people do not presume ‘innocent until proven guilty’ perspective, rather their thinking is the opposite, ‘guilty until proven innocent’. This is illustrated in the case of Denice Haraway, who one day disappeared from her job at a convenience store in Ada, Oklahoma. The police took off on a relentless mission to capture the person(s) responsible for this heinous act and, they did everything in their power to bring someone or anyone to justice, which they did when they arrested Tommy Ward and Karl Fontenot. Even though they repeatedly said they were innocent, but everyone including the police believed them to be responsible because they ‘confessed’ to committing the crime, a confession based on a dream. This paper will illustrate the reasons that are relevant to the innocence of these two men. The one factor that is persisted throughout this case is the incompetent efforts of the law enforcement such as inadequate efforts on the crimes scenes leading to lost of evidence, not following proper protocol in