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Injustice in the US justice system
Wrongful convictions research
Wrongful convictions research
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Citizens are told to always cooperate with police officers, and people most often do, partly due to the belief that officers have a duty to serve and protect. Unfortunately, often there is a darker side of this coin. What if by extraordinary coincidence, yourself or someone close to you, became the possible suspect in the investigation of a crime? Do you know enough about your rights to make correct decisions, when your freedom and quality of life hang in the balance? Sadly, most people do not. If you think this could never apply to you, you are wrong. The first year of criminal exoneration by D.N.A. evidence was 1989. The University of Michigan performed a study on exoneration and wrongful convictions in 2004. “…the leading causes of wrongful convictions for murder were false confessions and perjury by co- defendants, informants, police officers or forensic scientists”. (Liptak) In 25% of DNA exoneration (a total of 255 to date), innocent defendants delivered outright confessions or plead guilty. (Innocence Project, www.innocenceproject.org) Do you think innocent people would never admit to committing a violent crime like murder? Statistics show that recently it is happening more often than you might think. An article about the causes of false confessions, appearing in the Chicago Tribune only days ago cites two recent occurrences in the Chicago area. Kevin Fox, and Jerry Hobbs III, both confessed to raping and murdering their own daughters after high-pressure interrogation. In both cases DNA evidence proved otherwise. (Mills) The best description of the Fifth Amendment I found is from Ohio v. Reiner in 2001. “One of the Fifth Amendment’s basic functions is to protect innocent men who otherwise might be ensnared by ambiguous cir...
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...officer. Knowing the facts of the investigating process, and the monumental importance of my rights, it would be foolish to rescind my constitutionally given right of silence. Don’t fool yourself with the belief that it could never happen to someone innocent like you. I would wager that every one of the exonerated felt the same way, before losing over a decade of their lives on average (Liptak). There is a horrifying question that comes to mind, and continues to mercilessly nag at my brain. How many victims remain unknown?
Works Cited
Liptak, Adam. "Study Suspects Thousands of False Convictions." 19 April 2004. The New York Times on the web. The New York Times. 25 July 2010 .
Mills, Black. Chicago Tribune 11 July 2010.
Miranda v. Arizona. No. 384. U.S. 436. 13 June 1966.
Ohio v. Reiner. No. 532. U.S. 17, 20.
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
Whitley, Kyles was tried for murder, convicted and sentenced to death. However, upon review of his case, it was discovered that the prosecution had failed to give evidence about a witness, a man named “Beanie”, and several other pieces of material evidence. Since these were not given to the defense and the evidence was significant, he was given a new trial (United states v., 1976). What separates this case from the others is the fact that the evidence suppressed was witness testimony and the witness’ background and prior statements. The testimony of “Beanie” in this case was important, as it had “significant inconsistencies and affirmatively self-incriminating assertions (Kyles v. whitley, 1995)”. Because this information and prior testimony relevant to the case weren’t released, the conviction was overturned. This is relevant to the dilemma because one of the areas that had importance to the defense was that the witness wasn’t consistent in their testimony and that led to issues with their effectiveness as a witness. Referring back to the dilemma and the officer’s conduct, the officer wasn’t consistent in their testimony, namely that they denied wrongdoing and later confessed. This shows that the officer is an inconsistent witness and that if this is discovered, and the prosecution must disclose that information, he can be impeached as a witness. This will mean that he is not as effective in the criminal justice
Authors Barry Scheck and Peter Neufeld founded the innocence project at a law school in New York City, which has assisted in the exoneration of an astonishing number of innocent individuals. As legal aid lawyers, they blithely engaged in conflicts that implicated
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 informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
Even those who should have a clear sense of the an interrogation, fail to see the coercion brought upon the suspect that might lead to a false confession, and once a confession has been made, false or true, detectives or police terminates their investigation that could have found potential evidence to exonerate them. Once a confession is obtained, police tend to ‘‘close’’ cases as solved and refuse to investigate other sources of evidence (Leo and Liu) which is why such a high number of innocent people still remain behind bars. Across samples, police-induced false confessions were evident in between 15 and 25% in cases, making it one of the likely leading causes of wrongful conviction (Leo and Liu), but still juries disregard this evidence! Unfortunately, more cases like Rivers are out there. According to the Washington Post, the National Registry ha logged 1,733 exonerating cases of false confession. In one case, a man by the name of Ricky Jackson spent four decades for a crime he did not commit, only to be exonerated by DNA evidence after 40 years. To emphasize, few states, if any at all, courts provides information to the jury regarding how to assess voluntariness, nor do
The act of interrogation has been around for thousands of years. From the Punic Wars to the war in Iraq, interrogating criminals, prisoners or military officers in order to receive advantageous information has been regularly used. These interrogation techniques can range from physical pain to emotional distress. Hitting an individual with a whip while they hang from a ceiling or excessively questioning them may seem like an ideal way to get them to reveal something, but in reality it is ineffective and . This is because even the most enduring individual can be made to admit anything under excruciating circumstances. In the Fifth Amendment of the Bill of Rights there is a provision (“no person shall be compelled in any criminal case to be a witness against himself” ) which reflects a time-honored common principle that no person is bound to betray him or herself or can be forced to give incriminating evidence. This ideology of self-incrimination has been challenged heavily over the past s...
Thomas J. Reed, Trial by Propensity: Admission of Other Criminal Acts Evidenced in Federal Criminal Trials, 50 U. Cin. L. Rev. 713, 716 (1981).
To show an unbiased and educated examination of the five cases involving questionable interrogations, I will give information on the crime that occurred, the problems with the interrogations and other evidence, who is at fault for problems within the case, how the defendant was cleared (if he was), and the compensation and future changes that were a direct response to these cases provided that they occurred or are in the process of occurring. The five cases that I will examine involve the accused: George Allen, Hunter Johnson, Peter Reilly, Michael Crowe, and Reggie Clemons. Each case is significantly different yet showcases many acts of injustice within the justice system.
Tallichet, S, and C. Hensley. (2004). Exploring the Link between Rec. Criminal Justice Review, 29 (2), pp. 304-316.
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
Rosen, Lawrence. “The Creation of the Uniform Crime Report: The Role of Social Science.” JSTOR. N.p., n.d. Web. 15 Sept. 2011.
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
In Maxine Hong Kingston’s autobiographical piece “Silence”, she describes her inability to speak English when she was in grade school. Kindergarten was the birthplace of her silence because she was a Chinese girl attending an American school. She was very embarrassed of her inability, and when moments came up where she had to speak, “self-disgust” filled her day because of that squeaky voice she possessed (422). Kingston notes that she never talked to anyone at school for her first year of silence, except for one or two other Chinese kids in her class. Maxine’s sister, who was even worse than she was, stayed almost completely silent for three years. Both went to the same school and were in the same second grade class because Maxine had flunked kindergarten.
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Of all the virtues that most men and women disregard, it is silence. People go about in their everyday lives not even noticing the beauty of one's "inner silence." Try an experiment: Close your eyes. Tune out the sounds from everything that's surrounding you, and focus on what is going on inside you. Take a deep breath and just listen. How many inner voices did you hear? Most people do not even realize the amount of noise that is carried around in the human body. As you can see, even in the remarkably noisy age we live in, the real noise is on the inside. But even these noises can dissappear if one wishes. All one needs to do is study one of many religions, such as Buddhism, Christianity, and Judaism. Each of these religions have many techniques for meditation, and their reasons for wanting to find "pure silence" are generally the same.