Jones 8 Shantil Jones Georgia State University Wrongful Convictions April 17, 2016 Since the very beginning of time our Founding Fathers and those that basically built the foundation of this country left a lot of responsibility in the hands of our government and the bases of religion. From Darryl Hunt to Arthur Allan Thomas to Richard Jewell every year there are wrongful convictions that make their way across the courts around the United States. Every year citizens are brought into the courtrooms with cases to present to the judge and jury and although our country places so much responsibility in the hands of the jury and judges across the country, there are times when they simply make mistakes. With so …show more content…
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. Going off prior knowledge before taking my Wrongful Convictions Class, I simply would have believed that our justice system most of the time is correct in their convictions and that when they are not they go to the utmost procedure to correct their wrong. Most of the time in cases such as the Cruz case when one is wrongfully convicted they are lasted rewarded a monetary award as a settlement for the mistake made upon the government, but one must ask themselves is that enough? Can money truly value up to time spent away from family, friends, and loved ones? What if there is a wrongful conviction in a case where one has seen the death penalty and cannot be paid monetary reward because they have fallen victim to hands of wrong justification and the government? Before the 1985 trial, the lead detective in the case, John Sam, resigned in protest, because he believed the three men were innocent. This alone seems to
A DNA test showed that a strand of McCormick’s hair was found in Nichols’ car the night of the murder. In addition, there was speculation that McCormick had been angry with Nichols because of her orders to Hap to cease the crimes and drug using with McCormick. All this evidence pointed straight to McCormick. He was convicted later after a parole officer got McCormick to admit to the crime. Nearly two years after the murder, July 1, 1987, McCormick was convicted and sentenced to death row for the murder of Donna Jean Nichols.
Wrongful convictions are common in the court-system. In fact, wrongful convictions are not the rare events that you see or hear on televisions shows, but are very common. They stem from some sort of systematic defect that lead to wrongful convictions such as, eyewitness misidentification testimony, unvalidated or improper forensic science, false confessions and incriminating statements, DNA lab errors, false confessions, and informants (2014). Bringing awareness to all these systematic defects, which result in wrongful, is important because it will better adjust the system to avoid making the same mistakes with future cases. However, false confession is not a systematic defect. It does not occur because files were misplaced or a lab technician put one too many drops. False confessions occur because of some of psychological attempt to protect oneself and their family. Thus, the courts responsibility should be to reduce these false confessions.
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
In the beginning of the 1930’s wrongful convictions tended to attract quite a bit of attention in the United States, but it mostly focuses on the individual cases. Some have extensively with the more visibility cases such as the Scottsboro boys, the Lindbergh baby kidnapping and murder and more recent cases like the the Randall Dale Adams case in Texas who faced wrongful conviction, imprisonment, and near execution. Some cases have the attention of the public, including the Sam Sheppard case, which had become a television show called “The Fugitive”. The controversy with John Demjanjuk, who was accused of being “Ivan the Terrible,” and the wrongful conviction of Michael and Lindy Chamberlain for the death of their daughter, which attracted
A large contributor to the bias in the trial was the public’s bias. Before the trial began it was
were accused were assumed guilty from the beginning. These people named in both times were put
When questioning witnesses of a crime, detectives may choose a specific technique; one technique is the Reid Technique. The Reid Technique is a multi-step questioning method that pressures the witnesses or the accused to admit to the crime. It is used in North America. According to Professor Brent Snook, a psychologist at the Memorial University in Newfoundland, the Reid Technique is “Starsky and Hutch”, where two hot head detectives “beat up” their suspects to encourage them confess (http://news.nationalpost.com/2011/11/25/youre-guilty-now-confess-false-admissions-put-polices-favourite-interrogation-tactic-under-scrutiny/). This paper will examine the steps of the Reid Technique, as well as reveal substantial evidence that this technique should be banned. This technique has led to false confessions. Not only does this mean that someone has been punished that isn’t guilty, but it also means the real criminal has not been found and punished. The arguments against the use of this technique are the following:
Wrongful Canada(Wrongful Convictions) A wrongful conviction is when somebody is accused and convicted of a crime in which they didn’t commit. There have been many cases of people being wrongfully convicted and having to spend years in jail before they finally be released, and sometimes not. There have been cases where people have been wrongfully convicted, spent their whole life in jail and eventually receive the death penalty and get killed for a crime that they didn’t commit.
“Wrongful convictions happen every week in every state in this country. And they happen for all the same reasons. Sloppy police work. Eyewitness identification is the most- is the worst type almost. Because it is wrong about half the time. Think about that.” (Grisham). Wrongful convictions can happen to anyone, at anytime. Grisham implies wrongful convictions happen for the same reasons, careless police work as well as eyewitness identification. An eyewitness identification is a crucial aspect in detective work because it essentially locates the person at the crime scene. This is the worst cause of wrongful convictions because it is wrong half the time.
During the investigation, “Lyle and Erik told the officers that they were somewhere else at the time of the killings and they thought of possible people that would do such a thing. Lyle told the officers he thought the people who killed their parents might be someone who was in the Mafia” Menendez v. Terhune (2005). “Thee investigators and police officers picked up on Lyles suggestion and began to investigate that lead. To add to the “lead,” Lyle immediately hired body-guards to “protect” him twenty four hours a day. He told his body guards that he thought it was gang related and he also told his girlfriend the same fake story” Menendez v. Terhune (2005).
Yes. While an individual being prosecuted for the death of a Plaintiff’s loved one is helpful in a wrongful death and/or survival case, it is not a requirement.
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).
In American society, justice is blind. Justice is commonly defined as a rightful or lawful act. Or in other terms to bring to justice, to come before a court for trial or to receive punishment for one’s misdeeds. Some believe it is fairly administered and equal. But lack within the criminal justice system make us question equality. There are two individual aspects of how justice can be served; the perspective of the victim and the perspective of the criminal "per say". I will be focusing on instances in which wrongfully people were punished for crimes they didn 't commit and families or victims thought justice was served. The first case in which justice was wrongfully served is the case of Louis Taylor. Louis Taylor did forty-one years to life for something he didn 't do. Secondly, Steven Avery served eighteen years for being wrongfully convicted for rape. Although in Avery 's case he was exonerated through DNA testing.
One must understand that civil cases can also be considered criminal cases. A civil case is generally between two individuals but if tried and sent to court with a jury it could be deemed a criminal case against society. In chapter seven we learn of a group of teenage nursing aids that were charged with abuse of elders living in the home.