The first and greatest cause of false convictions is eyewitness identification according to the innocence project website almost 75% of cases later overturned were due to wrongful eyewitness identification. One of the main issues as we learned in class is that our minds do not keep a perfect recording of events in our memory they are often impacted by additional information given after the fact. Information about a suspect given afterwards such as suggesting their hair color, height, weight, or other attributes about them could influence our memories. Another issue found is using things like “show ups” for victims and witnesses; this is discussed on the innocence project page and was in class. Show ups tend to lead to wrongful identification because there is only one person instead of several potential suspects like a lineup. The Innocence project website discusses two variables that affect wrongful eyewitness identification Estimator and System variables. Estimator variables are things the justice system cannot influence such as the lighting, distance used when the victim or witness saw the suspect, the amount of stress or anxiety the victim is under, and research shows that it is hard for witnesses to identify someone of a different race than they are. The 2nd group of variables discussed are the system variables, these are things that the system can impact such as the type of lineup like line up or show up, how they administer lineups such as how similar the suspects
The first reason is that people trust confession is because of self-serving behavior and taking people at their face value (Kassin, 2005). The second reason is that detecting deception is a learned skill not a normal one that most people have. The third and final reason that people trust confession is that will being interrogated people can be coached what to say that aligns with the crime or they may overhear parts about the crime. Because of the amount of false confessions and the trust people put in believing them there needs to be some reform made in interrogation procedures. Three areas in particular need to be looked at and the first is the length of time for the interrogation. Many factors play a role in a person
Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).
Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).
Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the
For a society that is greatly influenced by Crime Scene Investigation, Criminal Minds and Bones, a confession of the offender is seen as an ultimate checkmate of the case because it implies the guilt of the confessor. Thus, a confession, especially the ones with detailed account and perfect representation of emotions (Leo, 2008), outweighs the evidences of innocence and stirs the case against the accused (Kassin & Wrightsman, 1985). People believe that they are open-minded about the possibility of false confession but in reality, the public, law enforcers and justice officials have biases that often infer guilt to the suspect instead of investigating for the truth, which leads to wrongful conviction. According to Leo and Drizin (2004), false confession is the primary cause of law miscarriage (Leo and Drizzin, 2004). False confessors lived many years in jail before being exonerated while others remain imprisoned (Leo and Drizzin, 2004).
With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong
For example, on June 25, the California Innocence Project announced that DNA testing recently exonerated a San Diego resident who was wrongfully convicted of rape. The victim in the case misidentified him as her perpetrator. Studies show that this type of mistake is common in criminal cases. When witnesses are shown a photo lineup of possible suspects, they tend to choose the one who most closely resembles the person they saw. When they look at a live police lineup, they tend to choose the person they identified in the photo lineup. During the trial, they see the
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based
In the year of 1996 the 250th person to be freed by DNA testing since the year of 1992. Those 250 “ex-convicts” served a total of 3160 years between them all. Which still leaves the conspicuous question… How many innocent people are still incarcerated? In today’s society, there are many false convictions to all sex, gender. The Innocence Project was designed to assist wrongly convicted individuals. This paper attempts to identify how many cases with organization adopts per year and determine the accuracy rate of cases tried within the criminal justice system.
Eyewitnesses are critical to the criminal justice system, but there have been issues involving eyewitness testimonies, which occasionally cause them to be seen as unreliable. According to innocenceproject.org, 72% of DNA exoneration cases in the United States have resulted from eyewitness misidentification. This is concerning because in a study by Benton, Ross, Bradshaw, Thomas, and Bradshaw (2005), they examined jurors, judges and law enforcement’s knowledge about eyewitness issues. They found that those involved in the legal system are still very unaware of eyewitness memory research, and the reasons behind why eyewitnesses may or may not be considered reliable. There needs to be a way to increase reliability so that eyewitnesses are able to accurately recognize perpetrators and other important information to put the guilty people away, and to keep the innocent people free.
Richard A. Leo, the author of “False Confessions: Causes, Consequences, and Implications” states, “Investigators first misclassify an innocent person as guilty; they next subject him to a guilt presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and explicit promises and threats as well.” From this, we can see that in some instances, investigators have already made up their mind that someone is guilty, so they do anything to get their
So far more than three hundred people have been exonerated through this process, eighteen of which were on death row (The Innocence Project, n.d.-b). Their main goals are to identify those who have been wrongly incarcerated and to encourage reform to the criminal justice system to minimize these occurrences. The project receives more than three thousand requests for help every year. Of the cases they take on, the DNA tests prove effective in at least identifying who was responsible for the crime, whether it was the defendant or not. Only about 15% of tests come back inconclusive, while 43% prove innocence and 42% prove guilt (The Innocence Project, n.d.-a). In nearly half of exoneration cases, authorities are able to identify the person who actually committed the crime through the DNA
The Innocence Project was established in the wake of a landmark study by the United States Department of Justice and the United States Senate with help from the Benjamin N. Cardozo School of Law (Schneider, 2013). This study found that there were numerous reasons why people are wrongfully convicted including, but not limited to eye witness identification, perjured testimony, improper forensic science techniques, and government misconduct (Roberts & Weathered, 2009) The original Innocence Project was founded twenty two (22) years ago as a part of the Cardoza School of Law of Yeshiva University in New York City, New York (Davis, 2012). The Innocence Projects primary goal is to exonerate those whom have been convicted of a crime when there is DNA evidence available to be tested or re-tested (Mitchell, 2011). DNA testing has been possible in five (5) percent to ten (10) percent of cases since 1992 (Risinger, 2007). On the other side, other members of the Innocence Project help to exonerate those have been convicted of a crime where there is no DNA evidence to test. A goal of the Innocence Project is to conduct research on the reasons for wrongful convictions, how to fix the criminal justice system, as well as advocate for those who have been wrongfully convicted (Steiker & Steiker, 2005). The members of this organization strive to teach the world about the dangers of wrongful convictions. To date, this non-profit legal organization, has freed three hundred eighteen (318)
There are often mistakes made that falsely determine an individual’s sentence. Sloppy police work and loss of documents are examples of careless errors. There is also some room for error with determining the results of a DNA sample that do not fall under the human error category. Many times there may not be ample DNA samples at a crime scene. Only a fraction of crimes reveal DNA. Drive-by shootings and bombings often do not provide DNA for investigation purposes. “There is a public perception that DNA is the cure-all for these kinds of mistakes. DNA is not the whole answer.” (Dieter, Richard) Eye witnesses cannot solely and accurately determine a person’s fate 100 percent of the time. There are numerous amounts of cases in which those found guilty were indeed later found innocent. Many times, these individuals have already served time in jail. Many argue that the time inmates spend in