Wrongful Convictions Essay Examples

DNA analysts have been profiling DNA since 1985. Then in 1998, the Combined DNA Index System became fully operational (“FAQs” 2010). CODIS’s three levels are the national level, the state level, and the local level. As September 2015, there is 14,740,249 DNA profiles in CODIS (“CODIS”, n.d.). Since everybody has different DNA, except identical twins, DNA analysts have been able to assists with investigator to determine between who is guilty and who is innocent. With some of their findings, they are able to exonerate individuals, who have been wrongfully convicted. Even though television may make DNA analysts’ life look simple on the screen, it is not. There is need for interest and education. Lastly, the actual job that entails for the DNA

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).

DNA testing was first used in criminal prosecutions in 1985 and is now admissible in all states. (Hails, 184) Scientific and legal communities seem to universally accept the use of DNA as “good” evidence. Questions could arise regarding testing procedures. There are several testing methods that have been proven reliable and easily pass general acceptance and scientific validity tests. This is causes number of Daubert cases questioning DNA to decline. “In most cases, the tests that are used are well established and do not require a separate hearing” (Hails, 160)

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.

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).

In general, there are several factors that can cause wrongful conviction and later exoneration. One factor is a false confession. As authors Earl Smith and Angela J. Hattery stated in their journal that a false confession can be caused by individual

If a wrongful conviction occurs nowadays, our greatest chance to prove that it is a wrongful convictions is with DNA

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.

With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong

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

The Innocence Project was established in the wake of a landmark study by the United States Department of Justice and the United States Senate with help from the Benjamin N. Cardozo School of Law (Schneider, 2013). This study found that there were numerous reasons why people are wrongfully convicted including, but not limited to eye witness identification, perjured testimony, improper forensic science techniques, and government misconduct (Roberts & Weathered, 2009) The original Innocence Project was founded twenty two (22) years ago as a part of the Cardoza School of Law of Yeshiva University in New York City, New York (Davis, 2012). The Innocence Projects primary goal is to exonerate those whom have been convicted of a crime when there is DNA evidence available to be tested or re-tested (Mitchell, 2011). DNA testing has been possible in five (5) percent to ten (10) percent of cases since 1992 (Risinger, 2007). On the other side, other members of the Innocence Project help to exonerate those have been convicted of a crime where there is no DNA evidence to test. A goal of the Innocence Project is to conduct research on the reasons for wrongful convictions, how to fix the criminal justice system, as well as advocate for those who have been wrongfully convicted (Steiker & Steiker, 2005). The members of this organization strive to teach the world about the dangers of wrongful convictions. To date, this non-profit legal organization, has freed three hundred eighteen (318)

If we assume everyone who is accused of being guilty is in fact guilty, then a miscarriage of justice has already occurred. Society has not accorded the accused "due process" and has already determined their opinion without all the facts and evidence. Therefore, they would not have been given a fair trial. Anderson further states " the point is that innocence must be defined by justice, not justice by perceived innocence". In other words, if a person is guilty of a crime, then the law will prove that they are indeed guilty due to the evidence and facts surrounding the case. However, even a person "who has in fact and with intent committed a crime could be said to have suffered a miscarriage if convicted on evidence which is legally inadmissible or which is not proven beyond reasonable doubt". Whilst not inflicting the same degree ( if any ) of sympathy as an innocent person wrongfully convicted of a crime, the outcome is nevertheless a miscarriage as the person was not proved guilty by the facts of the case and a "conviction arising from deceit or illegalities is corrosive of the states claims to legitimacy on the basis of due process and respect for rights". Therefore, if a person is innocent, then the law will prove that they are innocent. Unfortunately, the "sufficiency of

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