Justice System Unit Essay Marvin Anderson is a man who was falsely accused of abduction, rape, robbery, and sodomy. This is his story. On July 17, 1982, a young woman was raped by a black man whom she said was a total stranger. After she reported the crime, a police officer singled out Anderson as a suspect because the perpetrator had told the victim that he “had a white girl,” and Anderson was the only black man the officer knew who lived with a white woman. Because Anderson had no criminal record, the officer went to Anderson’s employer and obtained a color employment photo identification card. The victim was shown the color identification card, along with six black-and-white mug shots, and identified Anderson as her assailant. Within an …show more content…
Anderson’s lawyer at trial and on appeal provided obviously and grossly inadequate representation. The failures of defense counsel are overwhelmingly sins of omission, especially the failure to investigate. This is proven true as over half of the exonerees from the innocence project claim government misconduct throughout their trials. This also ties in with government misconduct. Common forms of misconduct made by prosecutors are : withholding exculpatory evidence from defense, deliberately mishandling, mistreating or destroying evidence, allowing witnesses they know or should know are not truthful to testify, pressuring defense witnesses not to testify, relying on fraudulent forensic experts, making misleading arguments that overstate the probative value of testimony. Government misconduct took on a major role throughout the entire case in prosecuting Anderson. The innocence project mentions this, “In the years after Anderson’s conviction, when DNA testing had become widely available, Anderson sought to prove his innocence of the crime. After his lawyers were told by the police, prosecutor, and court that the rape kit and its contents had been destroyed, Anderson contacted the Innocence Project and his case was accepted in 1994.” All the evidence had been destroyed, wonder how that happened? It is undeniable that foul play is present within …show more content…
because it seems that our system isn’t providing we the people, with the justice that is deserved. Such as the case of State of Texas V. Tim Cole, which is a serious cause for concern of the state of our criminal justice system. Tim Cole, who was a college student at the time, was falsely accused of rape. He pledged many times that these accusations were wrong and he didn’t do it that they have the wrong guy but these pleas were instantly dismissed due to the eyewitness testimony declaring he was the man at fault, but the most disturbing detail is that this was all caused by government misconduct and the victim was indeed manipulated. The odds were stacked against Tim Cole before he even walked into the identification line. They had gathered Cole and a few other citizens who looked not even remotely close to the true criminal whoraoed and assaulted the victim. The cops withheld the information that the killer might not have even been in her college dormitory room at Texas Tech University. The shaken up and traumatized victim couldn't recall the true criminal’s face and was forced to pick the closest resembling one in her mind which was the only black face that was in the room. Those cops had not checked if she was confident nor did they care, their mindset was as long as someone is going to jail our job is “done”. Not Timothy Cole though, that man refused to take any deals that would lower his sentence due to
There is another man that has been wrongly accused for what he knew he didn’t do but was still considered guilty. Marvin Anderson was a person with good heart and lived with his girlfriend and had a good life till he was mistaken for a criminal. First, Anderson was considered guilty for accusing a woman of another race and attacked her. Anderson was considered an assaulter and put into a testimony of a white-victim (Anonymous). Here his is being considered a criminal of a woman of another race to the trail and being a testimony of the victim that had said that he was he one that had assaulted her. However, when Anderson was in prisoned, his lawyer has been trying to see if they would do a DNA test to prove if it was him or
On May 4, 2017 at approximately 9:34PM I, Deputy George along with Sergeant Kincaid were in the process of conducting an investigation regarding a possible disturbance in front of the address of 398 County Road 4249, Como, Texas 75432.
Walker, Bela August. "The Color of Crime: The Case against Race-Based Suspect Descriptions." Columbia Law Review, vol. 103, no. 3, Apr. 2003, p. 662. EBSCOhost,
After Jennifer Thompson-Cannino was raped in 1984, she identified a man in a police lineup and in court as her attacker. The detective conducting the lineup told Jennifer that she had done great, confirming that she had chosen the suspect. Eleven years later, DNA evidence proved that the suspect, Ronald Cotton, had been wrongfully convicted of the rape. A man named Bobby Poole, who Thompson testified she had never seen before, was the man who actually raped her. Ronald and Jennifer's book, picking cotton, portrays common factors that contribute to erroneous convictions. Although it addresses a variety of important issues, the most crucial is how subtle factors like eyewitness misidentification, confirmation bias and nature of a defendant can
In reports on the daily news showed that, “ In 1989 there were 3,254 reported rapes in New York City one made us question our whole system of justice.” The many rapes that took place, but out of over 3,000 only 1 made individuals question the justice system. Why is it that when judges wrongfully convicts someone it’s in the nature to apologize when no proper investigation was done. These young men are innocent it took so much years just to prove that these men went away because of a system that failed them. Why should a black man be afraid to walk next to a white female in a park without her thinking he’s not going to harm her. The cases only arise mental issues that will later causes individuals to fear their own lives because they’re not
The third key piece of evidence in the crown’s case was Gary Anderson’s testimony. Anderson’s testimony proved that the murder of JoAnn was not only at the hand of Colin Thatcher but that it was premeditated. Gary Anderson testified he had met Thatcher in the fall of 1980 and Thatcher had asked him if he was interested in killing JoAnn Wilson for a fee of $50,000. Anderson stated he knew another person named Charlie Wilde who might be interested. Wilde suggested a third person, Cody Crutcher, who would be willing to take on the job. Anderson stated that Thatcher gave him $15,000 to pass on to Crutcher, and that Anderson paid some $14,500 to Crutcher, together with a picture of JoAnn Wilson and a set of her car keys. Nothing came of this and
During the era of segregation, blacks couldn’t even look at a white woman without it being deemed sexual and they were ultimately beaten or killed for it. That mindset is still present today in the form of misidentification in sexual assault cases. A black prisoner serving time for sexual assault is three and a half more likely to be innocent than a white convict (Gross, Possley, & Stephen,2017, March 7). The reason for this mishap is mistaken identification by a white victim in violent crimes involving African Americans. In present day, assault on a Caucasian woman by an African American male is very small throughout the United States ranking in at only 11%. Misidentifications are products of racial bias, which is the belief that one race
Criminal justice has garnered massive national attention in the past few years in America. Multiple police shootings, the Black Lives Matter movement, and other hot-button issues have occupied the media on a daily basis. This attention has led many Americans to question the integrity and efficacy of the government institution that was designed to uphold the law and seek justice for its people. However, this system is severely damaged and its definition of justice has been perverted and contorted beyond recognition, resulting in unfair and discriminatory treatment of the people it has been sworn to protect.
The justice system present in the United States is one of fairness, equality, and human rights. In a court of law, all men are created equal and have certain unalienable rights that nothing or no one can take away. What is to happen when these rights are denied, abused, or ignored? It is a frightening outcome when unruly factors destroy the basis of this system. As a victim of injustice once said, “People have prejudices, people have fears, people have hates. These things cloud our ability to reason.” Injustice has a tendency to overshadow reason. How can one feel safe in this country, when no one is totally safe from the sometimes unjust scrutiny of the law? If justice rests on one being innocent until proven guilty, what is to happen
Although much has changed in the United States over the past 60 years, this country’s legal system has failed at providing justice for all people.
There is a very evident problem with racism in the United States Criminal Justice System. Society chooses to ignore this problem because many do not think they are a part of it. What they do not understand is they are a part of society, therefore a part of the problem. Even if a particular person is not doing anything to cause this problem directly, they are not helping the situation either. Society has to become aware of this issue and stop pretending as though it is something that will go away on its own. Others need to become aware of this issue so they can not only make others aware, but so they can find out the exact source of the problem and how to fix it before it is too late. The United States is supposed to be a free country where people feel safe, yet there are issues still happening today that people like Martin Luther King Jr., Rosa Parks, and others fought and risked their lives to change. Society likes to look back on history and say that things are different and the country has come so far and that everyone is equal. However, today’s news and statistics show that is not the case at all. If we do not take action now, we will be right back where we started. Many races are not treated fairly by citizens of this county and even the United States Criminal Justice System, especially African Americans. Nationwide, African Americans are stopped, searched, arrested, and incarcerated at rates much higher than people of other races.
Gary Lawson’s The Rise and Rise of the Administrative State, alludes to “the Constitution, properly interpreted … is actually flexible enough to accommodate the modern administrative state” (p. 6). The crux is interpretation.
After a very quick Google of eye witness testimonies, I instantly came across something that intrigued me. The tittle was eye witness misidentification. It was an article about an African American who was wrongfully convicted by an eye witness. The story originated on July 18 1982, when a man named Marvin Anderson was brought into his supervisor’s office to be asked a few questions. The questions were on a rape case that just occurred and they wanted to know if he had heard anything about the topic. What Marvin didn’t know, was that the only evidence that the police had was that the perpetrator was a black man with a white girl friend and they were there to also get a picture of him. Only conflict here was that Marvin was the only color photo
In the summer of 1994 an Illinois woman’s buzzer rang at her apartment complex in Waukegan. She went downstairs to check after nobody went upstairs to her apartment. As soon as she reached the door downstairs, two men forced her into a dark colored sedan, kidnapped her, and raped her. Distraught after her attack, the victim wandered until she ultimately found a Seven Eleven close by and the police were called. When the police arrived, the victim said she was attacked by two Hispanic men that looked to be in their mid-twenties and a bit taller than her height of five feet and seven inches. The car that she was forced into was described as dark colored, older, having four doors and tinted windows. The victim’s boyfriend saw Angel Gonzalez’s car in the apartment complex parking lot and it matched the characteristics that the woman used to describe the assailant’s car. Police later stopped Gonzalez’s car and the victim acknowledged that the car was the one she described. She was then asked if Gonzalez was one of her attackers, and she was certain that he was, despite her being in the backseat of the police car while he was in front of it. Not only was he not close enough for her to get a clear view, but he also had facial hair and a birthmark, both characteristics that she did not use to describe her attackers. This led to Gonzalez being in police custody for interrogation where they did not allow him to sleep. When he was interrogated, he
Even though the actual rapist confessed to the crime the judge did not believe him and Anderson was sent to jail. He was finally exonerated in 2002 using DNA evidence. Explanation: Anderson was wrongfully imprisoned for a crime he never committed with an unjust trial and many different factors against him. 2.