The Wrongful Convictions Of The Death Penalty

Being the victim of being accused and convicted for a crime, that you did not commit, can potentially ruin your chances or cause many issues to live the life that you want. By definition wrongful conviction is, “a conviction of a person accused of a crime which, in the result of subsequent investigation, proves erroneous,” (Duhaime). Within the topic of wrongful convictions, there are many subtopics that explain why they happen and why they occur so often. DNA evidence, lack of evidence, witness misidentification, and jury biases are all factors relating to the cases of wrongfully convicted persons. DNA evidence helps match the

Despite the efforts of the courts and law enforcement agencies to improve the handling of eyewitness testimony, misidentifications continue to be a major contributing factor to false convictions. The Innocence Project is a national litigation and public policy organization that has been dedicated to exonerating wrongfully convicted people through DNA testing. Since their inception in 1992, they have helped overturn 311 wrongful convictions in the United States, as of the date of this paper. Of those 311 cases, they have determined that misidentification has contributed to approximately 73% of those wrongful convictions ("The Innocence Project"). That is an extremely high percentage, and something needs to be done about this.

The second primary cause of wrongful conviction is due to unreliable or improper forensic science and forensic misconduct. The Innocence Project asserts that most forensic science (e.g., analysis of hair, bite marks, fire arms, and tool marks) has not been thoroughly and scientifically evaluated

The debate on whether or not the death penalty should be abolished has been ongoing for quite a long period of time. While there are those who believe that the death penalty does not serve its intended purpose, proponents of the same are convinced that the relevance of the same cannot be overstated and hence it should not be abolished. In this text, I examine the arguments for and against the death penalty.

Each year approximately about 10,000 innocent people in the United States get convicted of serious crimes that they did not commit. And at least four percent of them receive the death penalty being completely innocent. Scenarios like this happen all the time because there are more and more false persecutions each day which can be easily avoided. Many people are occupying prisons all over the world, for felonies they did not execute. More than 200 people have been exonerated through DNA testing nationwide. But why do these wrongful convictions keep happening?

Since 1989, 300 convictions have been overturned as a result of DNA evidence, and 17 people have been sent to death row after being wrongfully convicted. The main legal justification for people being exonerated is DNA evidence, which has been growing in use and technologically advancing in the past few years. Canada has had many cases of people being wrongfully

We hear in the news about police misconduct, use of excessive force, embezzlement, but one thing I found while researching what I should write this paper on is the Wrongful convictions of innocent men and women, that spend years in prison being innocent, and there is nothing that gets done till it’s too late. Some wrongful convictions are honest mistakes, but many times law enforcement and prosecutors lose sight of the obligation of ensuring truth and justice, and are focused on their conviction rates. As with any job, they are honest people and ones that just don’t care and are corrupt, this exists in the criminal justice system. One way to prove someone is innocent now is through DNA testing, but even at all levels of a criminal investigation there could be misconduct or mishandling of evidence, which then causes the evidence to become compromised.

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.

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

With the initiative of the innocence project, many of these convictions are being overturned, allowing families to be reunited. There are many reasons why these wrongful convictions happen. The most common among them is false eyewitness identification, which has played a role in more than 75 percent of wrongful convictions overturned by the Innocence Project initiative. Once presumed to be incontrovertible, the ever growing body of evidence now tells that eyewitness identifications are unreliable (please see image A2 for the trending of exonerations year by year). In approximately, 25 percent of DNA exoneration cases, innocent people were coerced into making false confessions. Of the 292 people freed by the Innocence Project, 28 actually pled

According to Scheck, Neufeld, and Dwyer (2003), the majority of convictions overturned by DNA evidence involved mistaken eyewitness testimony. The Innocence Project estimates that around 70% of the convictions due to eyewitness misidentification have been overturned by DNA evidence (2015). A main factor in this occurrence is that eyewitness memory is unreliable (Wright, 2007). Eyewitness identification in a line-up is an important tool in criminal investigations. The eyewitness evidence that results from these line-ups has an impact on the subsequent investigation and prosecution procedures (Wells, 1984). Furthermore, according to Wright, it is not just about witnesses making errors when identifying, misidentifying, or not identifying, a suspect

In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court.” (Law.com Legal Online Dictionary) While this could be an important piece of the investigation, it can never take the place of DNA, or forensic evidence. Unfortunately, that happens all too much, with our overburdened legal and criminal justice systems. “Eyewitness misidentification is widely recognized as the leading cause of wrongful conviction in the U.S., accounting for more wrongful convictions than all other cause combined.” (Boston College Journal of Law and Social Justice, Volume 35:1, p.2) While we have been aware of this problem for many years, innocent people are still being convicted daily. Too many people

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

Capital Punishment was adopted by America when the state of Virginia carried out the colonies’ first execution in 1608 (“History of the Death Penalty”). Since then, usage of the death penalty has been instituted by 36 states, making execution the ultimate form of punishment. Although in theory the death penalty seems like a viable method of punishment, in practice, it has serious flaws that damage the integrity of the state. Capital Punishment has been falsely idolized as a deterrent, applied unfairly for generations, used as a vehicle for revenge, and made people blind to the fact that life in prison without parole is an equally acceptable form of punishment. The death penalty is an

Bright, Stephen B.: "The death penalty as the answer to crime: costly, counterproductive and corrupting"; 35 Santa Clara Law Review 1211 (1995)