Conviction Of Brendan Dassey Of ' Making A Murderer ' Gets Overturned Essay

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

Many Americans falsely believe the criminal justice processes are too relaxed. This is illustrated through the conduction of a Gallup poll in which Americans were asked if the United States’ criminal justice system is currently "too tough, not tough enough, or about right" in handling crime. The majority, sixty five percent of people, said the criminal justice

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and

While the United States’ justice system has been a model for many countries around the world, the injustice of certain aspects in our court’s system is prominent. Mandatory minimums are just one example the of injustice in our justice system. The Supreme Court has “…casted doubt on the constitutionality of the federal sentencing guidelines used for nearly two decades” (Kenneth Jost, 2004), despite this, nothing has been done to correct it. And while the idea of mandatory minimums is a good thing, they don’t work in the American justice system or in current American society.

Capital Punishment was abolished “under Harold Wilson’s Labour government in 1969” (Manton.K, 2011, P.16) in the United Kingdom, but there have been continuing debates concerning the reinstatement of the death penalty in the UK.(BBC NEWS, 2011) reports that the conservative party MP calls for submission on capital punishment in the UK. The Brigg and Goole MP “is one of a number of Tory backbenchers calling for a commons debate of the return of capital punishment.”(BBC NEWS, 5th August 2011) Currently, Paul Staines, who writes the Guido Fawkes ‘ calls for the death to be brought back for child and police officer murderers,” he carried out a public opinion poll, which recommends that around half the population want capital punishment to be reinstated for murders ‘ this rises to 60% when it comes to child or police officer kills’, furthermore his e-petition on the government website needs ‘100,000 people to support’ it so that there could possibly be a preliminary debate on the issue (BBC NEWS, 4th August 2011). As Mr. Staines statistics poll shows, in 2011 that there is a high percent of the public that requests capital punishment to be reinstated in the UK for serious crimes such as; murder, child murder and police officer kills.

A conviction of a person accused of a crime which in the result subsequent investigation proves erroneous.It depicts as any conviction which is apparently not committed by the convicted.I have studied many cases that why wrongful conviction has occurred even with doing a systematic probe, having with an affirmation and evidence. The most prominent reason why I did research on it was to knowing the critical reasons that why the public entitled into wrongful conviction and even with having a rigid body of criminal justice system and what were the circumstances through which they could not able to get justice. This all convictions leads into a severe effects on the life of the persons who are accidentally associated to crime which they never even thought to commit.Case of Leighton Hay is a clear example of this, He was wrongfully convicted of murder, which led into 12 years of inexorably imprisonment.why it took 12 years for justice system to ensure that he was innocent. Moreover, it creates the wrongful perception in the people towards the justice system, whose core responsibility is to find out the exact truth and prevent public from those who violate the laws.For deterring this all sort of crimes criminal justice system imposed several penalties to deal with it,if anyone commit any crime this may be result into fine, imprisonment, etc also even rehabilitate to assume some possibility of not reoffending.In fact, there are many reasons due to which person

Since 1923, when Judge Learned Hand said that the American judicial system “has always been haunted by the ghost of the innocent man convicted,” the issue of wrongful conviction has been acknowledged to man (Halstead, 1992; Huff, Rattner, Sagarin, & MacNamara, 1986). After the judge made his innocuous statements, serious study of this phenomenon began. Contrary to the statement the judge made, time and technology have revealed that an unquantifiable number of wrongfully convicted persons have served prison terms and even been executed for crimes they did not commit and some that did not even occur. Research into wrongful conviction was virtually nonexistent until Professor Edward Brochard of Yale University published his book Convicting the Innocent in 1932. This book documented 65 such cases, addressed the legal causes of miscarriage, and offered suggestions to reform. Subsequently, numerous other researchers began conducting case studies and publishing findings that affirmed that wrongful conviction represents a systematic problem within the American judicial process (Huff, 2002).

The sentencing of criminals has been viewed by the public as too lenient within Queensland. This is evident by a poll conducted by ReachTEL, where out of 2,979 Australians, 80.8% of Australians believed that the judicial powers of Queensland have been lenient with

Many have argued that competency to stand trial is the “most significant mental health inquiry pursued in the system of criminal law” (Cowden & Mckee). This pillar of the American Legal System assures that those accused of criminal acts must be sufficiently competent to understand and partake in the trial proceedings. The threshold of competence can differ from jurisdiction to jurisdiction but it mainly hinges on a series of factors such as cognitive deficits, the presence of a mental illness, and an inability to comprehend or effectively communicate with legal counsel. While this standard was made legal precedent in the 1960s it was only in regards to the adult criminal system; however, in past decades legal reform has allowed for youths to be tried and subjected to the same punishments as adult defendants (Schwartz & Grisso). This legal development brings about a very imperative issue: Should youth offenders be subjected to the same standard of competence as their adult counterparts? Furthermore, since these statutes were developed for determining competency in adults, can they properly recognize the uniqueness of the youth population?