Convictions Paper

Have you ever been accused of something that you did not do? You, yourself being the only person knowing that you are innocent while everyone around you believes you are guilty. To add to the guilt all the evidence points to you as well. Even though you may prove your innocence, that negative stigma of being accused of something lingers around you and people still believe something must have been wrong. This was the case with Ivan Henry he was accused of a series of sexual assaults and spent 27 years behind bars for something he did not do. Ivan Henry is the perfect example of a victim of a wrongful conviction and how the justice system is flawed when it comes to convictions. Misconduct by the police and the Crown not disclosing important information led to Henry’ wrongful conviction.

Each individual is created to live their life uniquely. Each person has their own beliefs and opinions. They shape how one perceives others and how one affects others whether it be personally,locally, or globally.

Every year, hundreds of people get convicted wrongly as a result of criminal proceedings that are rooted in miscarriage of justice. The defendants are convicted for crimes not committed where errors are not proven until their death or having served a lot of jail time. Wrongful convictions are fueled by false witnesses, incompetence of defense lawyers and inadequate evidence among others. However, with the emergence of forensic DNA in collection of evidence, the rate of wrongful convictions has decreased in the past few years. This paper focuses on the fallibilities that lead to miscarriage of justice and what role technology has played in correcting and mitigating the previously erroneous judicial system.

What type of cases you heard and how are District Court cases different from Superior Court cases?

Wrongful convictions heavily presided in Canada before adequate measures were taken to help prevent them. Many victims of wrongful convictions were subjected to the flaws in the Criminal Justice System, in which has undergone drastic reforms to repair some of the many imperfections. In Canada, the state provides compensation for individuals deemed factually innocent of the crimes they were charged for only through ex gracia, which simply means, “payment by the state, … made voluntarily, as a favour out of kindness or grace, and without recognition of any legal obligation” (Entitlement of Compensation- The Legal Framework). However, in order to be considered eligible for financial compensation, certain guidelines must be met under the Federal/ Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned Persons, which was established in 1988. (Entitlement of Compensation- The Legal Framework). The guidelines as specified in the Federal/ Provincial Compensation for Wrongfully Convicted and Imprisoned Persons require that, an accused individual be convicted and imprisoned, and the conviction and imprisonment must be declared a miscarriage of justice as a result of new factual evidence presented (Entitlement of Compensation-The Legal Framework). Also, the individual must have been convicted and imprisoned under the Criminal Code of Canada, and the individual must be acquitted in the Court of Appeal, following a referral made by the Ministry of Justice.

We all have our own beliefs, values and preferences as we are not all the same. How and what we do with these along with what we as individuals think and find acceptable which play an important part of who we really are.

Nothing is flawless, and this is especially true of governments, which are simply collections of flawed individuals attempting to serve, or in some cases control, a larger group of flawed individuals. Despite this, a large portion of the population accepts the government’s procedures and regulations without a second thought. Dr. Brian Farrell’s lecture titled “Wrongful Convictions,” an article about false confessions by Douglas Starr titled “The Interview,” and even the events surrounding Prohibition are just some examples of a government that may provide order, but is far from perfect. RULES AND PROCEDURES ARE NOT ALWAYS BENEFICIAL AND CAN EVEN LEAD TO UNDESIRABLE CONSEQUENCES.

In this paper it will be discussing the two major sections of Wrongful Convictions. The first section will cover in detail the false confessions. The second section will cover about informant testimony and its importance. The third will be covering in detail the improper use of forensics and last but not least the paper will discuss witness misidentification.

The Christopher Law was created due to the brutal incident that took place June 19th, 1988. As a matter of fact, Christopher Stephenson was an eleven-year-old boy who was kidnapped, molested and murdered by Joseph Fredrick; a man who is known as a pedophile and at the time had been just statutory released from prison. [1] Nevertheless, The Stephenson family fought with much determination to get their son's legislation approved by the government. As stated Mr. Stephenson believed that by creating a National registry for convicted sex offenders it would bring a revolution to Canada, and also bring awareness towards the safety of the community. Furthermore, The Christopher Law was passed and initiated by the federal government on April 23rd, 2001.

I would like to look at a page of statistics on the Innocence Project website. The website states that, as of March 17 when the article was last updated, 337 people have been exonerated by DNA evidence since 1989. Over 200 of these people have been since 2000. The article then goes on to discuss the different statistics for race and crimes exonerated from. But, the importance of this article lies at the end, when they begin to discuss the leading causes of wrongful convictions. Eyewitness misidentification accounts for over 70% of wrongful convictions. False confessions account for 31%. These are both directly related to Steven Avery’s case. Not only was there a misidentification by the woman, but Brendan claims he was coerced into confessing.

There is wrongful conviction when a person who is innocent in the charges leveled against him is found guilty of the offenses and as a result have to serve the penalty for it. There is also wrongful conviction when a person who committed a crime is found innocent due to lack of enough evidence to convict the accomplice and as a result the innocent percent person is convicted. In a nutshell conviction is said to be wrong when an innocent person is found guilty and the guilty person goes free without charges.

Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments.

A wrongful conviction occurs when a person is accused of a crime and later on is found to be innocent. Wrongful convictions lead to innocent people serving sentences for an events they were not guilty of. Wrongful convictions happen because of false confessions, incentivized informants, inadequate defense, misapplication of forensic science, an unfair trial, and media influence. Although wrongful convictions primarily bring negative consequences towards the convicted, there also are negative effects towards the prosecutor and the victims of the crime. This pressurizes for both sides to bring forth reliable testimonies and evidence to the trial.

The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal

Everyone has their own unique beliefs and motives that push them through their lives. I have many different beliefs instilled in me that mold my day to day life. These beliefs have been formed either by learning from my parents, or by personal experiences. One major conviction of mine is the pursuit of happiness. There are many ways to strive for happiness, and all people are unique in the fact that no one shares the same goals. My happiness comes from a core of beliefs. Religion is an extremely important part of my life, and I can thank my mother and father for that. Another belief of mine is that hard work pays off; in many situations I have been shown that a good work ethic goes a long way in being successful. I also believe in being an optimist throughout life’s trials and tribulations. Many things can upset me in day to day experiences; however, I believe it to be crucial to obtain a joyous attitude. These beliefs have become priorities to me and carry me through my life, and help me to succeed.