Wrongful Convictions : Innocent Until Proven Guilty? Essay

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

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.)

How would you feel if the police arrested kids all over our country to jail for just crossing the street the wrong way or pushing another kid on the playground? That is what is happening to many underage juvenile all over the United States; they are being sent to adult prisons for crimes that do not deserve such severe punishments. Why they were tried as adults is an enigma and we will explain why this is a terrible injustice. In 1899 children in between the ages of 7-14 were believed they were incapable of committing criminal intent. The court system back then believed that if enough evidence could be gathered to convince a jury, the underage person would be convicted and sent to an adult prison. Currently in our state, persons as

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

I am sided with the right to allow DNA Analysis for a crime a suspect is convicted for committing but is pledging not guilty in the trial. About 0.5% convictions of crime are the innocent serving jail time in prison or death row and are not even the actual suspect of the crime scene putting other people at fault of those who have not done any harm. This even violates an individual’s right of freedom as they are being wrongfully accused and imprisoned. These people who are being accused should have the right to be proven they are not the suspect by true accurate DNA analysis over false eyewitness or misidentification as even it can be used as an importance of pulling vital clues regarding the perpetrator of a crime in which a victim’s condition is unrecognizable to family or friends.

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 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.

In many countries across the world people are wrongfully convicted by a system whose sole purpose is to protects its citizens. Wrongful convictions are a grave miscarriage of justice. A report Published by Nation Registry of Exonerations stated that 149 people were cleared in 2015 for crimes that they did not commit in the United States (Ferner, 2016), this number is staggering. Also, in Japan 162 wrongful convicted between 1910 and 2010 (Johnson, 2015). With that said, a lot of people is being detained for crimes they did not commit in every region of the world, meanwhile the real culprits are left to roam freely. Common reasons for wrongful conviction in the United states and Japan are harsh and long interrogations, witness identification, errors or misconduct of the law enforcement and jailhouse informants also known as snitches, but mostly lack of DNA evidences. Even though, these countries have constitutional rights for its citizens, the reasons for wrongful convictions are similar.

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

“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 finally found justice. There were 149 people last year who were either declared innocent or otherwise cleared of the consequences of their convictions or guilty pleas.” -Stephanie Mencimer. Many people in the United States are wrongfully convicted, like Sam Sheppard, they are sometimes able to get a more fair trial to fight for their innocence. In the the very controversial, Sam Sheppard court case, Sam was convicted for supposedly murdering his wife and sat in jail for almost a decade. Later, when there was a more fair, more investigated trial, Sam was proven innocent

A wrongful conviction can affect a person in many ways because it could put them in jail or ruin their lives, an example is Mr. Thomas Kennedy. It was just another day at his house and the cops showed up and arrested him. When he went on trial he realized his eleven-year-old daughter was in the stand accusing him of rape. He knew that has a lie, but no one believed him, because of a doctor’s report saying that there was damage done to her genitals. She continued on and said that he raped her in the bathroom and demonstrated how ‘he did it’ with stuffed animals. After the trial, he was sentenced to fifteen years in prison. Not until eleven years later then did his daughter come out and confess that she lied about the him raping her. She said

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).

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)

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.

The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will