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.
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
It all started on the evening of December 7, 1982. A young waitress in her twenties, named Debbie Carter, had taken off of her shift early at a local Ada bar. She proceeded to enjoy a few drinks with several old high school friends before heading home shortly after midnight. Debbie was last seen having a confrontation with a man who was a regular at the bars as she got into her vehicle. The waitress’s friends had asked her to come join a group of them going to back to one of the friend’s houses to continue the hanging out; Debbie declined, but about 2:30a.m., her friend, Gina received two calls back to back from Debbie. Through all the n...
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... fair to say that Williamson’s conviction and death sentence resulted from a combination of mental illness, junk science, political pressure, unscrupulous police work, and incompetent counsel.” (Coyne)
Works Cited
Coyne, Randle. "Dead Wrong in Oklahoma." Tulsa Law Review 42 (n.d.): 211-16. Coyne, Randall T. Tulsa Law, 2006. Web. 23 Nov. 2013.
Harris, George C. "Testimony for Sale: The Law and Ethics of Snitches and Experts." Pepperdine Law Review (2000-2001): 28. Online. http://heinonline.org/HOL/LandingPage?handle=hein.journals/pepplr28&div=8&id=&page= Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
Paul C. Giannell
Kassin, Saul M. Why confessions trump innocence.
American Psychologist, Vol 67(6), Sep 2012, 431-445. doi: 10.1037/a0028212
http://psycnet.apa.org/journals/amp/67/6/431/
In this essay, the author
Opines that the relationship between law enforcement and prosecutors, which goes hand-in-hand, can't be overlooked. evidence of a crime that detectives and police discover is equally important.
Examines the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof). the primary function of the criminal justice system is to uphold established laws.
Narrates how a young waitress in her twenties, named debbie carter, had taken off of her shift early at an ada bar. she enjoyed drinks with several old high school friends before heading home shortly after midnight.
Analyzes how the murder of debbie carter flipped this small, rural, bible-belt, town on its head. people were outraged, overwhelmed, and stunned that such a thing could happen in this town.
Narrates how dozens of people who had seen debbie the night of her murder went to the station and gave blood and hair samples. the investigation seemed promising, but months later leads began drying out and detectives found themselves back at square one.
Explains that ada was notorious for finding snitches behind bars that could provide crucial evidence to the district attorney in return for reduced charges or lighter sentencing.
Narrates how terri holland was a jail-house snitch in ada who needed to strike 'a plea deal' before trial for her third felony conviction. the local criminal justice system felt the pressure and holland needed help.
Explains that the prosecutor in the williamson case knew the validity of his witness, but despite her criminal record, he used her on the stand anyway.
Explains that the innocence project has taken up over 60 cases and dozens of these cases have been overturned. out of 111 death row pardons, 45.9% are accounted for by cases that snitches testified in.
Explains that in the 80's scientific evidence was impractical in many instances. in the williamson case, the osbi examiner had very little reliability in any evidence he could study, compare, and use as testimony.
Explains how the appellate court agreed with the osbi's decision that the "hair evidence placed [petitioner] at the decedent’s apartment." this is misleading because the expert who shared analysis during the trial did not state a positive identification from the hairs.
Explains how detectives became convinced that williamson and fritz were behind the murder. they convinced examiners to exhume the body to re-examine the victims palm print.
Explains that dennis fritz and ron williamson were tried in separate trials, and were both found guilty of the murder of debbie carter.
States that coyne, randle, and harris, george c. "testimony for sale: the law and ethics of snitches and experts." pepperdine law review, 2000-2001.
This was a case riddled with corruption and misconduct, from the police to the prosecutor to the judge. Although their tactics seem unethical and immoral, “the use of trickery, and even deceit, by police in...
In this essay, the author
Explains that perfect evidence is an episode of this american life focusing on the theme of dna evidence. the program starts with the story of four innocent teenagers who served fifteen years in prison for murder and concludes by recounting how legal police procedures manipulated a fourteen-year-old into falsely confessing to the murder of his sister.
Describes how police arrested larry ollins, omar saunders and cousins marcellius and calvin bradford in connection with the rape and murder of lori roscetti.
Explains how the police, under enormous public pressure to solve the case, used tactics that included intimidation, coercion, false promises, and physical abuse.
Analyzes how the case was riddled with corruption and misconduct, from the police to the prosecutor and the judge. the use of trickery by police interrogators is not prohibited and does not render a confession inadmissible.
Describes how police arrested michael crowe, 14, in 1998 in connection with the murder of his sister. they were convinced that he was the killer, and after eleven hours of interrogation, so was.
Opines that criminal justice reform and social awareness needs to occur in order to prevent the "terrible injustice of convicting innocent persons based on false confessions."
Opines that the abuse of power by police, investigators, prosecutors, or judges is a serious social injustice that requires sanctions.
Opines that innocent people going to prison is a social injustice with innumerable consequences, the most obvious paid by the person who is wrongfully imprisoned, but there are other societal costs.
Explains how the introduction of dna evidence has exonerated so many wrongly convicted people that the illinois governor put a moratorium on the death penalty and commuted the sentences of everyone on death row.
Describes american citizens who endured the bewilderment of the justice system falsely accusing them of crimes. many faced life imprisonment and seventeen were serving death row sentences.
Opines that even after exoneration, people's lives are in ruins. recognition of dna evidence finally liberated the men in this telecast, but they will never again be truly free.
Analyzes how anthony robinson, an innocent man released after spending ten years in prison for rape, describes the anxiety he still feels.
Narrates how ron williamson, a death row inmate whose sentence was overturned based on dna evidence, describes his life after prison.
Explains that even after proving their innocence, convicted felons still face stigma, depression, and post-traumatic stress. those imprisoned at a young age have lost the opportunity to develop normal skills.
Opines that wrongful convictions are an issue deserving of a social movement to bring about reform.
Cites bikel, o. (2003), burden of innocence. trial. pbs.
Explains that inniss, j. p. (2011). wrongfully convicted, 35 years later. everyday sociology blog.
Opines that a conviction should not be based on one single piece of evidence.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
In this essay, the author
Opines that well written procedures, rules, and regulation provide the cornerstone for effective implementing policies within the criminal justice system.
Explains that theories have been explored and implemented as polices in addressing deviant behaviors produced by humans. models such as crime control through the conflict perceptive suggest the human nature is persuaded by social opportunities.
Explains that law enforcement practitioners are mandated to follow protocols during the course of their daily operations. their practices of evidence gathering are subject to the constitutional values of search & seizures and the fourth amendment.
Explains that two key individuals become part of the criminal justice accountability "equation" during the judicial proceeding.
Explains that corrections are a vital component within the criminal justices system with the primary focus of accountability after sentencing.
Explains that although laws differ from state to state, each state is required to adhere, comply, and implement federal polices within the criminal justice practices.
Analyzes how the exclusionary rule is a derivative of policy violations and historical case redefining directly related to violation of search and seizures.
Explains that policies design is based upon the responsive actions of criminal behaviors within society while utilizing proven theories, with a specific objective/goal, and with motivations in obtaining desired results.
Opines that criminal justice theories are implemented as the basics of policy formulation in many jurisdictions. policies and laws regulate more than criminal behaviors.
Cites oliver, n. e., peak, k. j. and schmalleger, f.
In order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence. This topic is interesting because there are ample amounts of cases where defendants have gotten off because of the lack of forensic evidence. If we believe forensic evidence is so important and it affects our decisions, then maybe we need to be educated on the reality of forensic evidence. If we can be educated, then we may have a more successful justice system. If we have a more successful justice system than the public could gain more confidence that justice will be served. In order to do this, we must find what type of evidence is most effective, this can be done by examining different types of evidence.
In this essay, the author
Opines that in order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence.
Explains that eye witness testimony is less reliable than forensic evidence, and that the study aims to determine if it is the deciding factor of guilt in criminal cases.
Explains that circumstantial evidence is important because it is used in criminal proceedings. it is compared to eye witness testimony and forensic evidence.
Proposes that forensic evidence is more likely to get a conviction than circumstantial or eye witness testimonies.
Explains that there is not much research on the types of evidence affecting a person's willingness to convict, but there has been research related to forensic evidence.
Explains that evidence strength is important with high-strength evidence because it results in a greater belief compared to low strength evidence. expert testimony's experience can play an important role in jurors' decisions.
Explains that the csi effect is the idea that criminal shows and movies give viewers an inaccurate representation of forensic evidence and how it is used.
Explains that forensic evidence is needed in order to get a conviction. another study found that when comparing homicide investigations, the outcomes could have been different because of the lack of evidence.
Explains that the present study hypothesizes that when given the same criminal case with varying types of evidence, participants will be more likely and more confident in their conviction when forensic evidence is presented instead of circumstantial evidence and eyewitness testimony.
In the year 2014, law enforcement in the U.S. estimated 1,165,383 violent crimes reported (“D2014VC”). Imagine all the people needed just to get to the bottom of these cases! There is an abundant amount of Americans solving mysteries every day to keep others safe. There are crimes being committed all around the U.S. at every second of the day. In John Grisham’s The Pelican Brief, he displays a firm relation between investigators and lawyers through the Criminal Justice System of acquiring suspects and evidence, indicated in the book with an exploration of the scandals of Supreme Court Justices Rosenberg and Jensen (Grisham).
In this essay, the author
Describes the criminal justice system as a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws.
Explains how the criminal justice system can classify evidence in two ways: verbal and physical. digital evidence can lead to the prosecution, the wrong route, or nowhere.
Explains that physical evidence is a tangible object for the jury to see; some cases cannot be solved without this evidence. forensic scientists place their evidence into categories including these.
Analyzes how john grisham connects lawyers and the criminal justice system to find their culprit for the deaths of jensen and rosenberg.
Analyzes how john grisham's the pelican brief shows a firm relationship between investigators and lawyers through the criminal justice system.
Our criminal justice system does not pay enough attention to prosecutorial misconduct. In this paper I will identify what I believe are three of the man problems of prosecutorial misconduct and propose ways to fix them. I believe the failure to “do justice”, withholding exculpatory evidence, and the lack of repercussions for wrongdoings are the three main issues our c...
In this essay, the author
Analyzes how delma banks was strapped to a gurney to await his execution in 2003. the supreme court threw out his death sentence in 2004, but prosecutorial misconduct is not uncommon.
Argues that prosecutors should have the moral and professional responsibility to refrain from prosecuting a charge that is not supported by probable cause.
Explains that withholding exculpatory evidence can prevent the adversarial process from working. in the case of adams v. texas, the witness who testified against the defendant was ultimately the killer.
Opines that prosecutorial misconduct is a serious issue in our criminal justice system that is often overlooked or swept under the rug.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
In this essay, the author
Explains that labeling played an important role in the initial arrest of david milgaard. police officers often use character discrimination in identifying suspects.
Analyzes how the police and prosecutors failed to question or investigate facts that were incongruent with their own theories.
Analyzes how the police conducted their investigation in a manner that strayed from the professional procedure they should have been following.
Explains that police had information from the pathologist harry emson who performed the autopsy on miller's body, absolving milgaard from any involvement.
Analyzes how milgaard was convicted of gail miller's murder and sentenced to life in prison.
Explains that milgaard was sent to an adult corrections facility at the age of seventeen. he was repeatedly beaten and raped, occurrences that adhere to the usual prison traditions.
Analyzes the three main issues behind the wrongful conviction of david milgaard, each playing their own role in the ruling. pre-existing views and perceptions of deviance placed him among the socially marginalized, making him an easy target for police and public allegations.
Analyzes how the fallibility of the justice system led to the miscarriage of justice in the case of david milgaard.
Explains how the media exaggerated the story of gail miller's murder into a moral panic.
Within the criminal justice system there are many stages that involves arrest, pretrial, trial, and appeals. In each of these stages there is a process in each of stages before a person is actually convicted of a crime. In each stage there are a set of constitutional rights that defendant have, that each party involved in the criminal justice must uphold, in order to ensure that the defendant is treated fairly. Without the proper use of the criminal justice system it is hard to implementing justice, amt there is no way justice could be served. The criminal justice helps with the changing values of the system. In this paper I will be discussing the stages of arrest, pretrial, trial, and appeals and the steps that need to be taken in order
In this essay, the author
Explains the stages of the criminal justice system that involve arrest, pretrial, trial, and appeals.
Explains that an arrest involves legal authority taking a person into custody. the offender's miranda rights are read to ensure that they don't self-incriminate themselves.
Explains that if a person is arrested, the prosecutor has 48 hours to decide whether to file charges or not. the grand jury reviews the charges and the offender is arraigned.
Explains that the preliminary hearing takes place after the arraignment, and the judge determines whether or not a defendant should be charged. the suspect can hire private counsel or an appointed lawyer from the state.
Explains that trial is when a jury is selected to determine the interest of the juror in the case. opening statements are expectations of what they expect to happen based on the evidence provided.
Explains how the jury decides whether the defendant is guilty or not, based on the evidence presented by both sides.
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
In this essay, the author
Argues that racial profiling is the one loophole of racism america overlooks.
Explains that when faced with a threat, human instinct is to kill first rather than to be killed. oscar grant, 23, and robert tolan jr. are examples of unjust demises by police officers.
Argues that race is a legitimate factor in making policing decisions and that police officers cannot forcibly stop or detain people without reasonable suspicion of criminal conduct.
Argues that racial profiling in the police force is a form of racism that is not being confronted and allows unjust convictions and deaths.
Explains that jones-brown, delores, and rudovsky, david, "breaking the pattern of racial profiling."
Dating back to 1923, Judge Learned Hand said that the American judicial system “has always been haunted by the ghost of the innocent man convicted” (Jones, 2010). Wrongful convictions weren’t really the center of attention until a professor from Yale University published a book called Convicting the Innocent in 1932. This book shined light on 65 cases, pointed out legal reasons and presented ideas to bring upon reform.
In this essay, the author
Explains that judge learned hand said that the american judicial system "has always been haunt by the ghost of the innocent man convicted." wrongful convictions weren't the center of attention until yale university published a book called convicting the innocent.
Explains that the rate of wrongful convictions is believed to be as high as 5 percent in rape – murder cases.
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 .
In this essay, the author
Opines that citizens are told to cooperate with police officers, but there is a darker side of this coin.
Explains that the miranda warning is legally necessary in all 50 states, with only minor variations in the actual wording.
Cites liptak, adam. "study suspects thousands of false convictions." the new york times.
Explains that the miranda warning is based on a 1966 criminal case trial in which ernesto miranda was charged with robbery, kidnapping, and rape.
Opines that it would be foolish to rescind their constitutionally given right of silence, knowing the facts of the investigating process and the monumental importance of their rights.