What causes contributed to the miscarriages of justice? The main causes that contributed to the miscarriages of justice were perjury or false accusations from jailhouse informants, and prosecutorial misconduct. Jailhouse Informants/False Accusation: Jailhouse informants are inmates who provide incriminating information or testimony during criminal proceeding against another inmate. The prevalence of jailhouse informants is quite high because competition among informants is tough, information gathering techniques are quickly being modified, many inmates want to manipulate cell sharing or transfers in exchange for their testimony, many inmates have made careers out becoming informants, loss of sentencing discretion, which allows informants to bargain for sentences, and lastly mandatory minimum sentencing guidelines have created a market for jailhouse informants. Studies of warrants have found that 80-92% of warrants rely on informants and in terms of exonerations cases 46% of 111 post-Furman death row exoneration involved informants. There are varying views on jailhouse informants; conventionalists argue that trusting their testimonies may be a necessary evil, while realists claim that jailhouse informants should not be utilized at all. One particular example that shows the devastating effects of validating unreliable testimonies of jailhouses informants is of Marion Pruett, a Colorado inmate, who informed prison authorities that another inmate killed his cellmate. In exchange for his testimony he was released and began murdering and robbing banks after his release, late it was discovered Pruett had killed his cellmate. From the past it has become clear that jailhouse informants are an unreliable source of information. They shou... ... middle of paper ... ...however it may best help society if features from both systems are combined to better provide justice. The end goal should be to continue to develop and enhance our criminal justice system to ensure that none of the innocent are wrongfully convicted. Works Cited Cole S. (2014). Informants. [PowerPoint Slides]. Cole S. (2014). Prosecutorial Misconduct. [PowerPoint Slides]. Cole S. (2014). Prosecutorial Repurcussions. [PowerPoint Slides]. Killias, M, (2013). Errors Occur Everywhere--But Not at the Same Frequency: The Role of Procedural Systems in Wrongful Convictions," in C. Ronald Huff & Martin Killias (eds), Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems Possley, Maurice. "Exoneration Case Detail." Exoneration Case Detail. The National Registry of Exonerations, Web. 27 May 2014.
The aspect of wrongful conviction is established within law to protect the innocent from being abused by the law. Nevertheless, the real issue of concern is the fact of whether wrongful conviction actually helps those who cannot help themselves. With that said, another important underlying factor is whether the criminal justice system has restrictions set up to help those from being innocently convicted and those who have been convicted and later was found to be innocent. By looking at the case of Guy Paul Morin, one will see how the police, courts, and criminal justice system failed in aiding the innocent and bringing justice in society, as well as showing that the system has failed in helping its people, and what must be done to aid those who have been wrongfully convicted.
In summation, is can be identified in this paper that eye witnesses do not play a constructive role within the criminal justice system. This can be seen through a thorough discussion of the many issues portrayed through this paper. To conclude Schmechel et al. (2006) reiterates that statements this paper has presented and discussed;
In the adversarial justice system, when the offender admits to the criminal act, there is no further controversy and the case promptly proceeds to sentencing. Physical evidence and victim or witness statements may often be overlooked and not considered. The confession is considered unequivocal evidence of guilt and a conviction is ensured. Indeed, the interrogation process’ sole purpose is to obtain a confession. Zimbardo (1967) estimated that “of those criminal cases that are solved, more than 80% are solved by a confession.” (Conti, 1999) Without the confession, convictions may be reduced significantly. So why does a person falsely confess to a crime if the likelihood of a conviction is eminent? A false confession to any crime is self-destructive and counterintuitive.
The portrayal of the justice system in this movie is unmistakably accurate; however, the downfall of the system comes when a victim wrongly identifies Mr. Balestrero as the robber. This human error sends the detectives down a slippery slope, where they forcibly find evidence against Mr. Balestrero and ultimately detain him on shallow grounds. Thankfully, the real culprit was found before Mr. Balestrero’s trial came to an end, but nevertheless, the impact a situation like this has on a person, is devastating, and most notably seen with Mrs. Balestrero. The fault, however, is not that of the justice system itself, a Time magazine article depicting the events of that case states, “He does not blame the police (“ they couldn’t help it”)” (Brean 107), but that of human error, Mr. Balestrero states, “ If they have a conscience, they’ll realize they where wrong”(Brean 107) which is an unavoidable aspect of the justice
were not previously seen, such as hostile or mistrustful attitude towards the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of threat, and estrangement.” Although psychological issues develop in anyone incarcerated, those discussed are particular from the perspective of a victim wrongfully accused. From the moment an innocent individual enters the criminal justice system, they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov, 2004). However, this is just the beginning.
Feeley, M., & Simon, J. (1992). The new penology: Notes on the emerging strategy of corrections and its implications. Criminology, 30 (4), 449-474.
...arly as aspects of both models have prevailed since the advent of established law and shall continue to as political issues persistently evolve. Leaving the criminal justice system, especially with respect to individual rights and public order, to adapt together as needed with it.
Most of these defendants couldn’t afford private attorneys and depended upon public defenders. For instance, Joe Moore had two prior convictions and was facing a maximum of a 90 year sentence for selling three grams of cocaine. However, Moore begged his public defender to call Eliga Kelly to stand in his defense. Moore claimed that Kelly witnessed him shoe Coleman off of his property. For whatever reasons, his public defender never bothered to call Kelly to the stand or even question him privately. After all, Eliga Kelly was considered a star witness for the prosecution, but, as a result of that negligence, Moore was sentenced to 90 years. Unlike most criminal informants, Eliga Kelly refused to lie under oath and in a subsequent trial for a different defendant, the prosecutor called Kelly to the stand. Kelly contradicted Coleman’s testimony by naming several defendants, including Joe Moore, who refused to sell drugs to
It is said that prison should be used for more serious crimes such as rape, assault, homicide and robbery (David, 2006). Because the U.S. Prison is used heavily for punishment and prevention of crime, correctional systems in the U.S. tend to be overcrowded (David, 2006). Even though prisons in the U.S. Are used for privies on of crime it doesn 't work. In a 2002 federal study, 67% of inmates that
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
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 be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
The data gathered in the Teplin, Abram & McClelland (1994) research was conducted in the Cook county jail in Chicago during a six year period, using interview techniques during the intake process of 728 inmates. They then tracked the participants over the six years by monitoring their rap sheets. What sets this research apart from the others is that they utilized the population of a jail versus a prison. Typically, once in prison, the time spent there is long whereas in jail, the incarceration time is usually much shorter as the inmates are in jail for lesser crimes or are awaiting trial. In any case, there is a larger turnaround and more opportunity to obtain diverse long term data.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
This paper is intended to examine ethical issues in Criminological research and criminal justice. This paper will analyze the multitude of ethical concerns, as well as discuss the confidentiality requirements as it pertains to criminological research.
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.