Conviction

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

Every year in the United States of America, millions of crimes are committed that violate and harm the individual rights, properties, and freedoms that are not only guaranteed to American citizens of this country, but also naturally inherent to mankind as whole. Based on the founding principles of our country, which are derived from the Constitution of these United States, justice is dealt accordingly to the perpetrators of these crimes. While this justice is usually fair, due to certain rights given to those who may be charged with crimes, sometimes an error is made. A simple mistake, a missing or broken link in the chain that

Her legal history includes three intake contacts. None of the intake contacts were for felony offenses against another person. She has no history of escape. She has had one juvenile detention confinement and no out of home placements.

Defendant Hankins filed a motion to correct an illegal sentence on appeal after pleading guilty to felony charges because he argued a Kansas trial court wrongfully considered a deferred judgment from Oklahoma in his sentencing calculation. The State argued that Kansas law required such deferred judgments from other states to be included in sentencing determinations. The Supreme Court of Kansas disagreed with the Court of Appeals’ dismissal of Hankins’ motion, finding that there was a discrepancy between Kansas and Oklahoma’s statutory standards for an entry of a judgment of guilt. Under Kansas law, the Court concluded, a conviction requires a judgment of guilt. However, under Oklahoma law, “an entry of judgment will not be entered for an offender who successfully completes a deferred judgment. The initial conditions are to be imposed ‘without entering a judgment of guilt.’” Therefore, the Court found that no

Do you know someone who is serving time for s crime they did not commit? Have you wondered how a system has failed the very people it was designed to serve and protect? The American judicial system has a prolonged record of wrongful conviction dating back centuries ago. Wrongful convictions is when a person, who in actuality is innocent yet have been sentenced by a jury or other official courtroom. This misguided thinking by the system brought about individuals being executed by deadly injection. African Americans are more likely to be wrongfully convicted than Caucasians in murder, sexual assault and drug related cases. Dating back from 1989 to mid-October of 2016 of the 1,900 wrongful convictions documented, 47% involved in the exoneration

It has been reported that millions of crimes is committed in the United States of America which violates and harms the individual rights, properties, and freedoms that are not only guaranteed to American citizens of this country. It has been highlighted that justice is dealt with according to the crimes committed based on the findings and principles of our country, which derived from the Constitution of the United States. While it has been argued justice may not always be fair due to certain rights given to those who may be charged with crime sometimes an error is made. A simple mistake, a missing or broken link in the chain that represents the investigation and trial processes causes an innocent bystander to become caught up in an investigation. More importantly, in many cases can result in a wrongful conviction. This error can rise from many forms like a mistaken eyewitness identification, a false confession, misconduct of the governing authorities, improper forensic investigation, or including staff that neglect to make efforts or unskilled litigation by the defense attorneys. Those whom are affected endure years in prison, deal with lost wages, isolation from friends and family, scrutiny from potential employers, and isolation from their community.

On July 2, 2015, I was assigned this case to follow up. This case involves Mr. Kleot Whittman a seventeen year old juvenile male. Mr. Whittman has an extensive history for leaving without parental consent. He has a previous CHINS and probation violation cases (15-13092/15-129933/15-128777/15-127194).

Since the late 1980s, there have been thousands of cases in which prime suspects have been wrongfully convicted, the most common causes being eyewitness misidentification, incriminating statements, and statements from informants. According to The Innocence Project, there have been almost four hundred post-conviction DNA exoneration cases in our country, and they are working to investigate even more wrongful conviction cases. This life changing program, along with their six attorneys, gather information about thousands of cases and determine whether or not DNA evidence can be reevaluated. Kenneth Ireland’s case was submitted for litigation after they found that the court relied heavily on false statements from witnesses. Researchers working

Wrongful convictions can be the result an assortment of conditions that contribute to injustice. Variables include the Brady violations, faulty forensics, weak defense, misleading prosecution, misidentification, lying, false confessions, race and financial resources of the defendant (Gould, J. et al. 2013). Seventy-five percent or more of erroneous convictions have involved mistaken eyewitness identification: (Garrett, 2009). False confessions of innocent people pleading guilty corrupt our system. Furthermore, it must be noted that the American judicial system relies heavily upon a plea-bargaining system, where some may plead guilty as opposed to taking their chances before a jury. States that have a reputation for punitive juries may

As defined, a wrongful conviction is a conviction of a person accused of a crime which, in the result of the subsequent investigation, proves erroneous. Persons who are in fact innocent but who have been wrongly convicted by a jury or other court of law. For this reason, wrongful convictions disrupt trust in our justice system, therefore, such convictions undermine public safety by leaving the correct or legitimate positives of the guilty in the community to carry out future offences. With this in mind, one needs to secure the society and/or families of crime victims that are caused by the incorrect or misleading errors that all humankind institutions occasionally make through accidental, unintentional, and through failures in working the system.

Can landed immigrants face adverse immigration consequences from conviction and sentencing on charges in the Criminal Code?

Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position.

According to Burke (2005), four separate aspects of cognitive bias contributes to the-the maintenance of denial of new evidence in prosecutorial decision making: confirmation bias, selective information processing, belief perseverance, and the avoidance of cognitive dissonance. Confirmation bias leads people to seek and interpret information in a way that supports a view they already hold to be true. While selective bias leads information to be more easily remembered in a way that confirms their already held beliefs. Cognitive dissonance – the desire people have for consistency between their behavior and believes- leads them to adjust their beliefs to their previous behavior. Furthermore, belief perseverance leads people to fail to adjust their beliefs to new information, even when the new information proves that the basis for their previous beliefs was false. For example, believing that someone is the perpetrator even after DNA conclusively proves that´s incorrect. (p. 1593-1594, 1610).

On July 13, 2015, I was assigned this case to follow up. This case involved Ms. Emily Marisol Ramirez a sixteen year old T.C. Williams High School student. Ms. Ramirez is currently attending summer school from 0730 hours to 1430 hours every day. I contacted the Court Services Unit and spoke to Intake Officer Darnell Norman who reported no prior interaction with the court. I called Ms. Alba Ramirez De Rodriguez (mother) and identified myself and the purpose of my call. I asked Ms. De Rodriguez if I could speak to her daughter at school the next day. I received parental permission and agreed to speak to Ms. De Rodriguez too.