• History - how long has this type of department been around Conviction Review Units(CRU), also known as the Conviction Integrity Unit (CIU), Santa Clara, CA established the Innocent Projects in 2004, and it was in existence until 2008. (ref the time line site) Over time, per this time line, there has been 22 Conviction Review Units established in various Counties and States, the most recent showing as San Diego County CA and Clark County Nevada. • why was it made/ What is the purpose/what does it do These units were developed to ensure that the convictions of varied cases were legitimate. The CRU's are designed to check for errors during the Judicial process from the beginning of the investigation (like the Detroit boy) up to the Sentencing …show more content…
There can be misconduct by the interviewing, or investigative agencies. The detective or police officer may feel that a certain person is guilty because of their history, and try and build a case around that. And then there are bad lawyers; lawyers who are over worked and under paid. They don't have the time, or finances to look at the case. Then there are lawyers like (use the Detroit case) that just do not file the necessary paperwork no matter how many red flags there are in the case. Some may even feel that the prosecutors have enough evidence against the person and suggest they plead guilty (which may or may not be false confession. Because of these things, some people who are convicted are not necessarily guilty. That is where the CRU's come into play. How does a case get considered for review? Usually, it just takes an application. LIke on the www.law.umich.edu/clinical/innocenceclinic/page. There is an application to file out and submit to the unit for review. Family, the party convicted, friends or just someone who feels the person is innocent, can submit the
The UCR is also called Uniform Crime Report is a recording system that is provided by the Federal Bureau of investigation and the purpose for the UCR is to help law enforcement agencies to exchange information about reported crime (Meadows. PG 4). The NCVS, also known as National Crime Victimization is another source of victimization data and it also helps law enforcement to collect information about the victim and it tracks the crime of rape, robbery, assault, and larceny crimes.
While people find it hard to believe that anyone would confess to a crime he or she did not commit, there are people who end up making a false confession. In the Central Park Five case, the police managed to get the young boys to admit to the crime with the false promise that they would be allowed to go home if they confessed (Kassin, 2002). For Martin Tankleff, while in an
Still sometimes, prosecutors might be persuaded that they have the correct respondent and a totally precise charge with respect to what crime(s) he or she carried out, but secure a conviction might be flawed. This obviously is valuable for the two sides to mastermind a determination of the issue without either side taking the risk that the body of evidence may conflict with them if it somehow managed to go to trial.
UCR or known as the Uniform crime reports is an annual report published by the FBI in the DOJ, which is meant to estimate most of the major street crimes in the United States.The main purpose of the UCR is basically to collect as many crimes or reliable crimes that come up as crime statistics so it can be used in our law enforcement administration. The Ucr is a very helpful tool for the law. The system was created in 1929. It provided information for criminologists,sociologists, and even the media. The Ucr mostly concentrates on assaults and robberies. The NIBRS or the national incident based reporting system is the system that the government uses for gathering data about recent or past crimes. The system has a lot of purposes but one of the main purposes’ is to evaluate the crimes associated with any current culture of violence theories.
Hagan talks about the URC the uniform crime report , this served as a collection of data for a time. It was the only source of information consulted by researchers in examining crime and other criminal behaviors. The URC was off in some of it measurements in some are, so they started to divide URC into two parts index crimes which are major felonies and part 2 violent crime index. Violent crime index consist of Murder, manslaughter, forcible rape, robbery, and aggravated assault. the property crimes consist of burglary, larceny theft, and motor vehicle theft There are many alternative data gathering strategies, some people become so committed to a particular research strategy that they consider all other approaches inferior which is called
The current judicial system allows prosecutors and the defense to plea bargain cases, which they negotiate for the person who is accused of a crime and pleads guilty. Their charges or sentence is lessened for their guilty plea even though the person is innocent.
In America we have an Adversary System of Justice, which means that criminal trials proceed under the adversary theory of justice to arrive at the truth in a given case. One characteristic of this system is intensive cross-examination of both defense and prosecution witnesses. In a jury trial, it is for the jury, which observes these witnesses, to weigh the evidence and make the ultimate decision in every case—guilty or not guilty. However, not every case makes it to trial in fact, about 80% of defendants plead guilty allowing them to just be sentenced and not have to go through the whole process of a trial. Other cases are dropped, or dismissed if the prosecutor, or in some cases a grand jury, feels that there is insufficient evidence to carry on. Some defendants are sent to diversion programs, these individuals are often sent here because an official involved in the case believes that there is a better way to deal with a defendant than to prosecute them.
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.
Wrongful convictions are common in the court-system. In fact, wrongful convictions are not the rare events that you see or hear on televisions shows, but are very common. They stem from some sort of systematic defect that lead to wrongful convictions such as, eyewitness misidentification testimony, unvalidated or improper forensic science, false confessions and incriminating statements, DNA lab errors, false confessions, and informants (2014). Bringing awareness to all these systematic defects, which result in wrongful, is important because it will better adjust the system to avoid making the same mistakes with future cases. However, false confession is not a systematic defect. It does not occur because files were misplaced or a lab technician put one too many drops. False confessions occur because of some of psychological attempt to protect oneself and their family. Thus, the courts responsibility should be to reduce these false confessions.
Even if the prosecution believes that a suspect is guilty, they may decide not to prosecute due to a weak case or an erred procedure committed through the police.
Plea deals go hand in hand with false confessions in many ways. A false guilty plea is essentially the same as a false confession. A suspect agrees to plead guilty to the crime in order to receive a lesser sentence. It’s not a coincidence that many haven’t heard or read about false guilty pleas, as it tends to be a large gap in research. One of the biggest factors of this is the lack of statistics in the area. If 90% of criminal cases end in plea deals that leaves only 10% that actually make it court. This means that 90% of criminal court cases are negotiated and ended without being seen by a
The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice
In an effort to make sure that innocent men and women are not wrongly convicted in capital punishments cases, they are given a wide range of appeals procedures. Immediately following sentencing an automatic appeals process called Direct Review begins. It is during this process that appellate courts review the lower trial court’s decision, checking for errors and making sure the case was tried on sound judgment. If any errors are found
Perhaps the most advantageous aspect of a confession is the closure it gives to everyone involved in the case, especially the victims and their families. Having said that, I still believe that conducting a thorough investigation is the best way to ensure that the right person was held accountable for the crime committed. Investigators should not be dependent on confessions. It would be unjust if an innocent man were incarcerated for a crime he did not commit and the real culprit was able to walk free.
The American Society of Criminology meets once a year at a large hotel to discuss a particular topic of general interest. The society is divided up by committees, for seminars and plenary sessions. At the last meeting, there were two dozen society committees and one hundred and eighty panels. The society publishes three