Persuasive Essay : Convicting The Innocent

The American Criminal Justice System are sets of agencies and process made by the government to control crime and to penalize those who commit it. The justice system is different based one’s jurisdiction, meaning city, state, federal or tribal government or military installation. The Criminal System is divided into two main parts, the state and the federal. The state portion handles crimes within its state boundaries. The federal portion handles crime committed on Federal property or in two or more states (“Criminal Justice” 1). The American Criminal Justice System needs reform because of its emphasizes on incarceration punishment rather than Rehabilitation. Our justice system especially enforces punishment on blacks and Latinos resulting of overpopulation of prisons like Rikers Island for petty crimes. Also, another reform needed the juvenile cases. For example, juveniles who commit petty crimes shouldn’t be sent to adult prison and shouldn’t be near more dangerous and serious inmates.

Capital punishment is one of the most controversial topics in today’s world. Many people believe that it is morally wrong to have capital punishment as a sentence to a crime. People also do believe that it is morally permissible for a severe crime. Capital punishment is also known as the death penalty. It can be given as a sentence when somebody is convicted of an extremely violent crime. The biggest issue that can be seen with this is that somebody could be innocent and sentenced with the death penalty because of the nature of the crime that they have been accused of even if they didn’t commit it. I believe that there is a moral line between using the death penalty and using other forms of punishment.

Unfortunately, wrongful convictions of innocent people sometimes happen in the criminal justice system. According to a new report from the University of Michigan Law School 's National Registry of Exonerations, 2015 set a record for the number of wrongly convicted Americans who received justice; 149 people who were either declared innocent or cleared of their convictions or guilty pleas. Many of them had already served long prison terms for crimes they did not commit (Mencimer, 2016.)

During recent studies from several researchers it has been concluded that there is a fault within our criminal justice system. Researchers discovered there is a high wrongful conviction rate within the United States judicial system. After, extensive research, it was found that wrongful convictions are caused by eyewitness error, false confessions, flawed forensic science, an informant, bad lawyering, and government misconduct. Without a doubt, this issue has shocked society, due to the fact we rely on the system for pure justice. Within my findings, it is apparent that victims of wrongful convictions suffer numerous affects when

One hundred and sixty-six exonerations took place in 2016, according to the National Registry of Exonerations, setting a new record (“Exonerations 2016” 3). Indeed, misconvictions are now seen as part of the normal judicial process(“Exonerations 2016” 17). However, why are there so many mistakes in convicting individuals? One of the largest causes may be biases within the courts. Implicit bias in the American judicial system may seriously impact the underprivileged in receiving impartial verdicts in the legal system and access to quality lawyers.

The remainder of the article is mainly about the causes of the wrongful conviction that leads to exoneration. The six reasons the article puts forth are: the fallibility eyewitness testimony, the misuse of forensic evidence, lack of access to DNA analysis, false confessions, snitches, and the racial history of the United States. The article states that for most cases it is just about finding someone to put in jail, finding the right African American is not the goal just finding one that will work is all that needs to happen. In fact 6% of the prison population could actually be factually innocent.

It has been reported that millions of crimes is committed in the United States of America which violates and harms the individual rights, properties, and freedoms that are not only guaranteed to American citizens of this country. It has been highlighted that justice is dealt with according to the crimes committed based on the findings and principles of our country, which derived from the Constitution of the United States. While it has been argued justice may not always be fair due to certain rights given to those who may be charged with crime sometimes an error is made. A simple mistake, a missing or broken link in the chain that represents the investigation and trial processes causes an innocent bystander to become caught up in an investigation. More importantly, in many cases can result in a wrongful conviction. This error can rise from many forms like a mistaken eyewitness identification, a false confession, misconduct of the governing authorities, improper forensic investigation, or including staff that neglect to make efforts or unskilled litigation by the defense attorneys. Those whom are affected endure years in prison, deal with lost wages, isolation from friends and family, scrutiny from potential employers, and isolation from their community.

In the American criminal justice system wrongful convictions are not common; a study funded by the National Institute of Justice found that nationally 265 wrongful major crimes convictions occurred from 2004 to 2010, the yearly total of exonerations has remained relatively steady ranging from 35 to 54 per year (Irazola, Williamson, Stricker, & Niedzwiecki. 2013, p 20). Compared to the hundreds of thousands of major crimes convictions that take place every year this is a small number; however wrongful convictions do take place, and when they do the original victim of a crime does not receive adequate support. The victim is often racked by guilt over having contributed to the incarceration of an innocent person. One crime victim participated in the NIJ study, but whose identity was withheld, said “I was a mess. I was absolutely hysterical [and]

The rising number of overturned cases and exonerations, be that as it may, and developing mindfulness that people succumb to such tyranny acts that happy each day in American courts, raises significant questions about the exactness and decency of the criminal equity framework. This comprehension is upheld by significant research. This surge in mindfulness and maturing research has inspired a developing number of honesty ventures, which work to excuse wrongly indicted detainees, to likewise propose equity approach changes intended to diminish the quantity of wrongful feelings or to lighten their belongings. Wrongful conviction has turned into an unmistakable issue, the extent of the issue, its causes, and change recommendations.

The U.S. Department of Justice is responsible for enforcing federal laws and administrating justice systems in the United States. However, the U.S. Department of Justice has a criminal justice system that is not fair for everyone in the country, specifically for those who are mentally ill, or poor. Over the past couple of years in the United States, there have been many innocent people wrongfully convicted and put on death row due to the corruption of the government. The main factor that has been identify as the cause of wrongful convictions is eyewitness misidentification. The Bedau and Radelet’s study demostrates that there are around 350 wrongful convictions in capital cases. Many abolitionists have arisen against capital punishments, since the exponential increase of exonerations based on DNA or non-DNA evidence. Their goal is to improve the current methods performed by our criminal justice system. The U.S. Department of Justice has acknowledged that its current criminal justice system is not being very effective in punishing the guilty. Since there have been many cases of wrongful convictions, many people are starting to question what has been the improvements that the U.S. Department of Justice has make in order to prevent false imprisonment and death penalty of innocent people. The Department of Justice has tried to decrease the number of inmates who were wrongly put on death row by improving prosecutorial accountability, by researching past criminal cases, and by

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 United States is the world leader in both positive and negative arenas. As a nation, we are leading the world in the number of incarcerated individuals. While the ethnic composition of each state will vary, documentation shows that “African Americans are incarcerated in state prisons at a rate that is 5.1 % the imprisonment of whites.” (Nellis, 1) Consequently, most sentences are issued at the state level and not the federal level. In our attempt to be tough on crime and rid our nation of her drug problem and criminal action, we have created a new more pressing issue, an unethical system of law and society.

Imagine you are a teen walking down the street with a friend. Now imagine being surrounded by police and getting searched for something that is not there. Since the item in question can not be placed the accuser changes their story; After multiple versions of what allegedly happened the police arrest you and your friend. Due to having a history of theft, a judge charges you with second degree robbery, even though there is no evidence to prove any wrong doing. Thinking the justice system will come through, and knowing your innocence, a trial is requested. Bail is set and cannot be paid due to economic hardship. Another consequence of not having money for bail, is there is also no money for a private attorney. A public defender, who has to many cases to keep straight, is assigned to help defend in court, yet he is trying to lessen his load and recommends several times that a plea deal is the best option that should be taken, even in the case of innocence. Picture holding out hope that if the case could just go to trial all would come to light. Four years pass by, mostly spent in solitary confinement, where the harsh circumstances begin to take a toll, mentally and physically. Imagine conditions so horrible, death seems better than enduring another day. Now picture the day for “justice” is finally here. No sooner does court get started it ends. The case gets thrown out due to the person who started all of this not being present. All the suffering that has been endured,

“Americans have always had ambivalent feelings about crime and punishment” (71). Many say our American System of Justice is broken, for they believe the system is looking to just punish those who have done wrong and is not looking to rehabilitate them, especially for juveniles. Then there are some who say, the American System of Justice does not need to change for it already punishes criminals with due process, and rehabilitates them. The American System of Justice should change the way they punish criminals, because those who are incarcerated for nonviolent crimes are taking up space in our prison system, juveniles are being put in solitary confinement and coming out more damaged than they were, and lastly some offenders are serving to long for the crime they committed.

According to the Universal Declaration of Human Rights article 11, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense” (Claiming Human Rights). This right to the presumption of innocence is a basic human right, which everyone is entitled to because a human right is a right one has because one is human. However, in some cases people do not presume ‘innocent until proven guilty’ perspective, rather their thinking is the opposite, ‘guilty until proven innocent’. This is illustrated in the case of Denice Haraway, who one day disappeared from her job at a convenience store in Ada, Oklahoma. The police took off on a relentless mission to capture the person(s) responsible for this heinous act and, they did everything in their power to bring someone or anyone to justice, which they did when they arrested Tommy Ward and Karl Fontenot. Even though they repeatedly said they were innocent, but everyone including the police believed them to be responsible because they ‘confessed’ to committing the crime, a confession based on a dream. This paper will illustrate the reasons that are relevant to the innocence of these two men. The one factor that is persisted throughout this case is the incompetent efforts of the law enforcement such as inadequate efforts on the crimes scenes leading to lost of evidence, not following proper protocol in