Wrongful convictions heavily presided in Canada before adequate measures were taken to help prevent them. Many victims of wrongful convictions were subjected to the flaws in the Criminal Justice System, in which has undergone drastic reforms to repair some of the many imperfections. In Canada, the state provides compensation for individuals deemed factually innocent of the crimes they were charged for only through ex gracia, which simply means, “payment by the state, … made voluntarily, as a favour out of kindness or grace, and without recognition of any legal obligation” (Entitlement of Compensation- The Legal Framework). However, in order to be considered eligible for financial compensation, certain guidelines must be met under the Federal/ Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned Persons, which was established in 1988. (Entitlement of Compensation- The Legal Framework). The guidelines as specified in the Federal/ Provincial Compensation for Wrongfully Convicted and Imprisoned Persons require that, an accused individual be convicted and imprisoned, and the conviction and imprisonment must be declared a miscarriage of justice as a result of new factual evidence presented (Entitlement of Compensation-The Legal Framework). Also, the individual must have been convicted and imprisoned under the Criminal Code of Canada, and the individual must be acquitted in the Court of Appeal, following a referral made by the Ministry of Justice.
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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.
Unfortunately, wrongful convictions of innocent people sometimes happen in the criminal justice system. According to a new report from the University of Michigan Law School 's National Registry of Exonerations, 2015 set a record for the number of wrongly convicted Americans who received justice; 149 people who were either declared innocent or cleared of their convictions or guilty pleas. Many of them had already served long prison terms for crimes they did not commit (Mencimer, 2016.)
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
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.
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse
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.
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.
The criminal justice system is composed of four categories: law enforcement, legal counsel, courts, and corrections. I am going to focus on one of these subjects and the problems or issues that are within the corrections part of criminal justice usually refers to the events that occur after being sentenced in a court of law. During the past few decades many problems have arisen in this area, solutions have been discussed and put into use over the years as well. However, there are still problems that are being dealt with in today’s corrections.
I will also utilize Professor Natapoff who has served as a clerk for the Honorable David S. Tatel from the U.S. Court of Appeals and for Paul Friedman, U.S. District, Washington D.C. She is widely thought of as an expert on snitching in the criminal justice system. She recently served as an assistant public defender in Baltimore, Maryland. Professor Natapoff received an Open Society Institute Community Fellowship.
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
This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.
Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections. Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non-system, and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice
Have you ever been grounded or punished by your parent’s for something you honestly didn’t do? Maybe your sibling or friend stole something or hurt someone and the blame and the “horrible” consequences were put on you. No phone, no TV, no friends over, confined to your room. Straight tortures and a feeling of betrayal and dishonesty from everyone around you. Now, imagine being an adult wrongfully accused of a major crime such as an armed robbery or murder, which they didn’t commit, except it isn’t being grounded or their parents they 're worried about, its sitting behind bars, no longer a free citizen, fighting for their freedom with most likely one of the following things happened such as an eyewitness identified the wrong individual, false confessions, Perjury, maybe even forensic science error. Imagine as a child how you felt being grounded in the comfort of our own home. Just picture how an individual would feel wrongfully convicted in a cold, 10x10 box with a cold cot to sleep on! The injustice of being convicted and imprisoned for a crime one did not commit is intuitively apparent. I would take being grounded over a jail cell any day.