Written Assignment: The Wrongful Conviction of Juan Rivera
Aric Hermelin
March 31st, 2015
LSO102BA
Kimberly Costello
Part I On November 19th, 1993 Juan Rivera was convicted for the August 17th, 1992 rape and murder of then eleven year-old Holly Staker, who at the time was babysitting her two siblings (University of Michigan Law School). His wrongful conviction was the result of failures by not only the public, but also law enforcement personnel and the criminal justice system, as we will further examine. According to the University of Michigan’s Law School, Juan Rivera’s initial arrest came on October 26th after Lake County Police received a tip from an informant. Rivera was then questioned for four days and at the end of the fourth day Rivera falsely confessed to Staker’s rape and murder (University of Michigan Law School). Following his confession, the two interrogators went on to type a confession for Rivera to sign. After obtaining Rivera’s signature, however, the prosecutor found the narrative to be incohesive, and asked the interrogators to correct it and to obtain Rivera’s signature on the second written confession. Rivera’s signature was later obtained on October 30th (University of Michigan Law School). Of course, it is tough to comprehend why a reasonable and innocent individual such as Mr. Rivera would confess to a crime he did not commit (Gould). Upon further review, however, there were notable flaws as to how this case was treated. To
After DeLuna’s trial, prosecutors told the jury that police had looked for Carlos Hernandez but said he was not a real person, and had been a fabrication made up by DeLuna. However, four years after DeLuna was executed, a private investigator was hired to look for a trace of Hernandez. After just one day of investigating, it was found that Carlos Hernandez was indeed a real person, and not just a fabrication. Hernandez was an alcoholic and always carried around a certain type of knife; a buck knife. Throughout his life he was arrested thirty-nine times, thirteen times for carrying a knife and had been on parole for most of his life. Hernandez was also known for his violence against women. In 1979, he was arrested twice, on the suspicion that he stabbed Dahlia Sauceda and carved an “X” into her back. Hernandez was arrested 4 years before DeLuna and once again while DeLuna was on death row. To continue, only two months before DeLuna was put to death, Hernandez was sentenced to ten years in jail for attempting to kill a woman named Dina Ybanez, with a knife. Still, not one person thought to alert the state of Texas, of this
There are 4 Ps. Ps claim they were unlawfully detained by MOS and falsely arrested on drug charges. Ps allege that they live in a three family private house with apartments on 3 floors. Ps allege that the first floor apartment was of P Yolanda Lopez; second floor apartment was of P Yvonne (non-party), and basement apartment was of Evelyn Lopez and her 17 year old daughter, Karina Lopez. Ps Rafael Rivera and Erin Morales were staying on the first floor. P Rivera alleges that MOS entered the house and order him to get to his knee and P Rivera complied. P Rivera alleges that while he was on his knees MOS struck P Rivera in the face with the riot shield. P Evelyn Lopez alleges that defendant MOS Anthony Hughes grabbed her arm and struck her face against a wall and illegally searched her basement apartment. Defendant MOS John Natoli stated that the search warrant applied to all floors because each family has access other family’s
In the process, Alejandro Hernandez and Stephen Buckley were also implicated. On March 8, 1984, on the basis of his statements and other statements by several witnesses, Cruz, Hernandez and Buckley (whose boot print was said to have been found on the door of the Nicarico house) were arrested. All three were charged with the murder of Jeanine Nicarico, residential burglary, home invasion, aggravated kidnapping, aggravated indecent liberties, deviate sexual assault, and rape.
Whether Mr. Jack Hernandez’s statements made during the interrogation can be used against him in the new murder trial. Hernandez was initially wanted for questioning in the murder of his former roommate in Texas and after being sentenced for a separate crime in Missouri, he was improperly questioned, Mirandized and detained as a result of his excited utterance due to a language barrier. The question is whether the statements taken by Missouri officials and Canadian authorities will be allowed to be used in Hernandez’ Texas trial.
First, these men are not the only ones that have been wrongfully charged.Luis Diaz and Cornelius Dupree were being charged with a crime they did not commit, because police were hardly noticing evidence, they were wrongly charged, unjustifiably accused and unfairly sentence are their cases. This shows that there are many individuals that face the same problem of lack of evidence.
Day 4: Orlando Boquete; On the morning of June 25, 1982, two Latino men intruded a female victim's apartment in Stock Island, Florida. At the point when she woke up, one man was on top of her in her bed, with his hand over her mouth. He sexually attacked her, and left his semen on her clothes. The first criminal was said to be Latino wearing no shirt and did not have any hair. The second perpetrator did not enter the casualty's room at any time. Within minutes of the event, an officer ceased a few Cuban-American men in the parking lot of a local grocery store. Just Orlando Boquete had no hair and no shirt. The victim identified Boquete as the aggressor from 20 feet away as he was in a police vehicle. In the wake of the event, Boquete had an extensive, dark mustache at the time he was captured.
I feel with Juan case, the process taken to prove he was guilty can be debatable. I feel due to juan being a minor there should have been a evaluation of his background. Juan joined a gang early at the young age of 13, which mean there was something going wrong at home. Second Juan was sentenced to 90 years in prison at the age of 16. I feel if the correct process was taken, then this young man who was only 16 at the time of his case would have been giving a better chance to really rehabilitate himself. Giving a child 90 years to life leaves them with no hope to even want to get better. Also if the right process is taken, I don't think you take a young child away from his son for the rest of his life. If you do this it will have a effect on
Prosecutor argues, that Bill Straight confession was spontaneous utterance and his confession to the crime should stand. Also you
On June 10, 1991 on her way to school in South Lake Tahoe, California, eleven-year-old Jaycee Lee Dugard was snatched. (Biography.com). Jaycee, recollections heading to school wearing her favorite pink ensemble and a ring that her mother had given her that was designed like a butterfly. A car pulled up alongside her at what time she felt a shock go through her body. She recalls dropping to the ground and being lifted into the back of the car and covered with a blanket. She was detained by a woman in the back seat who would be known as Nancy Garrido, and the driver Phillip Garrido. As they drove away, the lone witness would be Jaycee’s step-father, Carl Probyn. Carl, had been observing Jaycee walk to her bus-stop at what time he saw her be snatched up. He tried chasing the car down on a bicycle but was incapable to get a plate number, but was able to get a good description of the car and communicated that there was a man and a woman in the car. Regrettably, the car was not found nor were the suspects. (Bio.comEditors.)
This was not a case of racism, but rather an office who feared for his life and reacted too quickly to a situation that could have been handled differently. Unfortunately for a minority community, this is not how they felt because too many incidents like Castile’s had happened with no punishment or change to prevent future tragedies. Jeronimo Yanez was found not guilty on one-count of second-degree manslaughter and two counts of intentional discharge of firearm that endangers safety. Additionally, he was released from his job and determined to never be allowed back into the law enforcement to serve as an officer of the law. Although to some losing his career seemed like enough, minority groups and Castile’s family were outraged because Yanez
This article details the release of a man who was imprisoned for twenty-five years in Illinois after being convicted based primarily on a coerced confession. Shawl Whirl was convicted for the murder of a cab driver after his fingerprints were found in the back seat. Officers used violence and verbal abuse to get the confession out of Whirl. Whirl plead guilty based on the advice of his attorneys who used the plea as a strategy to avoid the death penalty; instead, Whirl was sentenced to sixty years in prison. However, Whirl’s conviction was thrown out in August of 2015, and all charges were dropped in October of 2015 (Bellware, 2015).
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 a case. A confession, especially the ones with detailed account and perfect representation of emotions (Leo, 2008), implies the guilt of the confessor, outweighs the evidences of innocence and stirs the case against the accused (Kassin & Wrightsman, 1985). However, not all confessions are true. The public, law enforcers and justice officials believe that they are open-minded about the possibility of false confession but in reality, everyone have biases that infers guilt to the suspect which often leads to wrongful conviction. According to Drizin and Leo (2004), false confession is the primary cause of law miscarriage (Drizin & Leo, 2004). False confessors lived many years in jail before being discharge while others remain imprisoned (Drizin & Leo, 2004).
In this assignment which is based on a scenario, Kris who was arrested and found guilty for illegally buying a stolen merchandise and possession of a municipal amount of marijuana. Kris was given was given intensive supervised probation by the courts. Sergeant Orlando Boyce of the Deephall Correctional facility was detailed to monitored Kris probation.
Almost everyone who has seen a cop television show or movie has heard the saying “You have the right to remain silent”. In America, people are raised to believe that the justice system never fails, and that no matter what happens justice will always prevail, though for some people this safety net has failed them. Since the late 1980s six studies have documented 250 interrogation-induced false confessions. Police-induced false confessions are the result of multistep process and sequence of influence, persuasion, and compliance. Imagine that a solider of the U.S. military is brought in for questioning, kept locked up for sixteen hours in an interrogation room, constantly threatened with the death penalty if they did not confess to the crime, and the whole time left without representation. In 1997 this was the case for four individuals from Norfolk, Virginia held without representation and forced to give false confessions.