False Convictions Pros And Cons

The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.

Forcelli explains his displeasure of our broken criminal justice system when he states, “The sad part is that getting an innocent man out of jail is way, way, way harder than putting a guilty man in jail.” When detectives are constantly pressured to close cases and produce high conviction rates it can cause in accuracies in convictions. Garry’s case is a perfect example of how a case with minimal evidence can result in an innocent getting placed in prison. Garry has sat in prison for over 20 years waiting to appeal his case and plead his innocence. The ease of convicting an innocent man should be consistent with difficulty of exonerating an innocent man. In Garry’s case he awaits a decision from a judge where the judge has three options, to exonerate him, grant a retrial, or

This flaw affects an individual’s life drastically because it causes them to loose so many years of their life behind prison bars for a crime they did not commit. There are many reasons for why the Canadian Court system has the flaw of wrongful convictions such as: eyewitness misidentification, where the witness may claim to have seen something but their minds understand the situations wrongs, or like in Milgaard’s case, witnesses may give false eyewitness identification, just like John did, stating he had seen Milgaard stab the nurse. Error in forensic science is another reason for wrongful convictions. Just like in Truscott’s case, during the time, there was not enough science knowledge to investigate Lynne Harper’s body, and the found information was false evidence. False testimony is a major factor in wrongful convictions because when someone gives false testimonies, they make the case even more difficult for the wrongly accused person. In Milgaard's case, his friends who gave false testimony, switching up the story of what had actually happened the night of the murder, was a major reason why Milgaard had to serve sentence for a crime he did not commit. Tunnel vision was a major factor in Truscott’s case that caused him to be sentenced. The police only focused on him as a suspect and did not regard anything else or try to investigate upon anything

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.

Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

Everyday, people are arrested for crimes they have committed. However, the justice system, in some cases, has failed to convict and arrest the right person. Innocent people have been sent to jail based upon the deliberate misidentification of suspects. Throughout U.S history, there have been several famous wrongful convictions such as the Scottsboro Boys and Ed Johnson (Grimsley). Their convictions were based on race due to the racial strife from the Jim Crow era. Base on David Love’s article, many convictions after the Jim Crow era were still being caused by misleading identification from eyewitness claims of the suspects being African Americans. Due to the advancement of forensic and DNA technology, lack of evidence from previous convictions

In Canada, the leading cause of wrongful conviction is due to the factor of eyewitness account. It has been proven that individual’s minds are not like tape recorders because everyone cannot precisely and accurately remember the description of what another person or object looks like. The courts looks at eyewitness accounts as a great factor to nab perpetrators because they believe that the witness should know what they are taking about and seen what occurred on the crime scene. On the other hand, eyewitness accounts lead to a 70 percent chance of wrongful conviction, where witnesses would substantially change their description of a perpetrator.

This past legislative session saw a major win for the wrongly convicted with H.B. 48. H.B. 48 creates a commission to review convictions after exoneration and aims to prevent wrongful conviction. This bill is a supported across the political spectrum on the part of author Ruth Jones McClendon (D) and Sen. Rodney Ellis (D) along with joint authors Rep. Jeff Leach (R), Rep. David Simpson (R), Rep. Abel Herrero (D), Rep. Joe Moody (D) and The Texas Public Policy Foundation’s Center for Effective Justice.

Many people would like to believe that they live in a just society and that their justice system is fair and never makes mistakes, but it seems as though the United States criminal justice system makes more errors than necessary, that is detrimental to one's life. According to the article, “Mass Incarceration: The Whole Pie 2017” by Peter Wagner and Bernadette Rabuy, in the United States, 2.3 million people are incarcerated in state prisons, 102 in federal prisons, and 3,163 in local jails and state prison (Wagner and Rabuy, 2017). The United States has the highest incarceration rates than anywhere else in the world and it is not due to the fact that many of those incarcerated are actually guilty. In 2015, 149 innocent people spent an average

False convictions happen very often and can ruin someone's life. Examples of these wrongful convictions are the cases of Steven Avery and Jimmy Ray Bromgard. Steven Avery was wrongfully convicted for the rape of a woman, was exonerated, and is in prison for a new murder case while Jimmy Ray Bromgard was convicted of the rape of a young girl and was exonerated. Both of these men spent time in prison for something they did not do. Steven Avery spent 18 years in prison for a false conviction for the rape of Penny Beernsten in Manitowoc County and is now in prison for the murder of another woman.

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 causes of wrongful convictions are easy to identify: irregularities and incompetence at the investigatory, pre-trial, trial and appellate stages of the criminal justice system. More particularly, Kaiser identifies the following contributory factors, among others: false accusations, misleading police investigative work, inept defense counsel, misperceptions by Crown prosecutors of their role, factual assumption of an accuser’s guilt by actors in the criminal justice system, community pressure for a conviction, inadequate identification evidence, perjury, false confessions, inadequate or misinterpreted forensic evidence, judicial bias, poor presentation of an appellate case, and difficulty in having fresh evidence admitted at the appellate stage. Each instance of determined wrongful conviction illustrates a different combination of failures in the criminal justice system that has

Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.