What´s Conviction?

The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.

There are many causes that can contribute to a wrongful conviction. Witness misidentification is the most common cause; we know that the human mind is not like a tape recorder, and can make mistakes. Forensic analysts presenting evidence that has little or no scientific basis, false confessions by suspects during the interrogation process, government officials taking steps to ensure that a suspect is convicted despite poor evidence, testimony by people with incentives to testify, and poorly prepared lawyers are just some of the other causes that can result in a wrongful conviction. The death penalty case of Cameron Todd Willingham, of Corsicana, Texas, is one that experts now agree that the evidence proves he was wrongfully convicted. But unfortunately, he was already put to death by lethal injection.

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

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).

Everyday, people are arrested for crimes they have committed. However, the justice system, in some cases, has failed to convict and arrest the right person. Innocent people have been sent to jail based upon the deliberate misidentification of suspects. Throughout U.S history, there have been several famous wrongful convictions such as the Scottsboro Boys and Ed Johnson (Grimsley). Their convictions were based on race due to the racial strife from the Jim Crow era. Base on David Love’s article, many convictions after the Jim Crow era were still being caused by misleading identification from eyewitness claims of the suspects being African Americans. Due to the advancement of forensic and DNA technology, lack of evidence from previous convictions

In the article “Race, wrongful conviction and exoneration” by Earl smith and Angela J. Hattery, these sociologist discuss the issues of racial discrimination and the amount of wrongful convictions within the American justice system. They also discuss the issues on the lack of exonerations based on race in our prison systems. As stated in the article “Approximately 75% [of citizens] in jail are members of minority groups and on average have spent 13 years in prison for crimes they did not commit.” (Smith) This heart breaking statistic shows the true facts that there is an increasing issue in the amount of people in jail for crimes they did not commit due to their race. The main focus of the article is to raise awareness about the issues within our countries justice system and to understand the reasons for these inequalities on a deeper level.

For the most part, wrongful convictions remain a topic full of questions and disagreements. Research clearly and concisely indicates that laws may

This past legislative session saw a major win for the wrongly convicted with H.B. 48. H.B. 48 creates a commission to review convictions after exoneration and aims to prevent wrongful conviction. This bill is a supported across the political spectrum on the part of author Ruth Jones McClendon (D) and Sen. Rodney Ellis (D) along with joint authors Rep. Jeff Leach (R), Rep. David Simpson (R), Rep. Abel Herrero (D), Rep. Joe Moody (D) and The Texas Public Policy Foundation’s Center for Effective Justice.

Wrongful convictions occur when innocent defendants are found guilty in a criminal trial; When people are wrongfully convicted, they spend part of their life in prison while the criminal is free of punishment. The world has two million citizens incarcerated, about 20,000 people punished for crimes they did not commit (Ferner). Two thousand people are punished for crimes they did not commit, that is not a small number, so why do wrongful convictions occur? Wrongful convictions can occur for various reasons; the common causes are eyewitness misidentification, unvalidated or improper forensics science, false confessions, government misconduct, unprofessional lawyering, and informants or snitches.

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.

Do you know someone who is serving time for s crime they did not commit? Have you wondered how a system has failed the very people it was designed to serve and protect? The American judicial system has a prolonged record of wrongful conviction dating back centuries ago. Wrongful convictions is when a person, who in actuality is innocent yet have been sentenced by a jury or other official courtroom. This misguided thinking by the system brought about individuals being executed by deadly injection. African Americans are more likely to be wrongfully convicted than Caucasians in murder, sexual assault and drug related cases. Dating back from 1989 to mid-October of 2016 of the 1,900 wrongful convictions documented, 47% involved in the exoneration

Wrongful convictions is a good research question for me to investigate because a spotlight needs to be shined on this subject. Wrongful convictions have

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).

A wrongful conviction is a terrible injustice that is magnified when an actual innocent person spends years, sometimes even decades in prison and/or death row. This has been recognized by the U.S Legal system for quite some time now and the rising number of exonerations are growing.