Cops need to consider a few things before they conduct a lineup. The police should discuss the lineup with the prosecutor, for legal sense, before conducting a lineup. A lineup should be directly after an arrest. This will help eliminate innocent people. A lineup makes sure the witness has a good and clear memory, and ensures that the criminal doesn’t get released before he/she gets identified. “A person in custody may be compelled to participate in a lineup without violating Fourth or Fifth Amendment right” Ferdico, Fradella, & Totten, 2013). When a person is in jail their liberty is not being infringed upon under the Fourth Amendment, just because they are in a lineup, so that a witness can look at them to see if they were the ones who
8 hours. It is the recommended numbers of hours one should sleep. However, between those 8 hours, something disturbing is happening. Every 8 hours, a police officer kills an American citizen. Only 1% of these police are indicted in killing compared to 90% of American that are hauled off to jail immediately (Cop Crisis). Whether it 's a police officer or an American citizen that commits the crime, there will always be an organization that supports the offender. The International Union of Police Associations is an organization that lobbies for the police department and its affairs. On the other end of the spectrum is the Communities for Police Reform. This organization fights to protects the rights of the average American citizen. Both organizations share the common ground to protect the rights of their members and can work together to reach a point of a compromise.
“Eyewitness Identification: A Policy Review.” The Justice Project, Iowa State University. Web. 22 April 2014.
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
During the identification and prosecution of a suspect, eyewitnesses are the most important. Eyewitness testimony needs to be reliable as it can have serious implications to the perceived guilt or innocence of a defendant. Unfortunately, the reliability of eyewitness testimony is questionable because there is a high number of eyewitness misidentification. Rattner (1988) studied 205 cases and concluded that eyewitness misidentification was the factor most often associated with wrongful conviction (52%). Eyewitness testimony can be affected by many factors. A substantial literature demonstrates own group biases in eyewitness testimony. For example, the own-race bias, in which people are better at recognizing faces of their own race versus another
One discriminating practice used by police officers is racial profiling. This is the police practice of stopping, questioning, and searching potential criminal suspects in vehicles or on the street based solely on their racial appearance (Human Rights Watch, 2000). This type of profiling has contributed to racially disproportionate drug arrests, as well as, arrests for other crimes. It makes sense that the more individuals police stop, question and search, the more people they will find with reason for arrest. So, if the majority of these types of stop and frisk searches are done on a certain race then it makes sense that tha...
So, in a time of social, political and economic change it makes sense that how we enforce the law and systems of punishment would begin to shift into the public eye. Gunther claims that we have a criminal processing system, rather than a criminal justice system; But what makes a criminal justice system an impartial justice oriented system rather than the harsh, biased and unfair processing mechanism that Gunther saw? For this, we look to Packer’s four assumptions of a justice system.
During one of our class sessions we discussed the different areas within the criminal justice system. The topic of courts and sentencing specifically of juveniles was mentioned. As we get to know the inside students we learn some of their backstory of how they ended up at Joseph Harp Correctional Facility, many of them had their first contact with the criminal justice system as a juvenile. Several of the inside students expressed animosity toward the courts when it came to sentencing of juveniles. They thought that some of the ways juveniles are sentenced is too harsh.
I don’t know what people thought of when they saw JH’s family before their involvement with the criminal justice (CJ) system. However, I am sure they did not suspect the horrors that went on behind closed doors. JH, now about fifteen years old, was being sexually abused by his older brother and father. They both even recorded the acts. Eventually law enforcement got involved, police arrested the father and brother, the DA pressed charges, lawyers got involved, the courts sentenced them, they were incarcerated, at some point they’ll most likely have a parole hearing, and eventually might be released from prison. That is what most people think of when they think of criminal justice. Criminal justice is often erroneously limited to a crime, the
Police shootings occur all over the world but are a huge problem within the United States. We continue to hear more and more about them. These shootings are making headlines. Front page news it seems almost weekly. All the shootings go one of two ways. Either a Police Officer has been shot or a Police Officer has shot a citizen, but either way the final result is death. Whether an Officer has been shot or an Officer has shot someone these cases seem to be related to one thing, fear. People in today’s society feel as though they can’t trust Police Officers as they are there to hurt and kill them. And Police Officers feel as though they are in danger of doing their everyday duties because people see them as the “bad guys” and want to hurt or kill them. Yes, police brutality and racism still exist, but not all cops are bad. Yes there are still bad citizens in this world that want to kill and harm others, but not all citizens are bad. People seem to react to these shootings by rioting quickly after a police officer has shot and killed someone without
The Stop and Frisk program, set by Terry vs. Ohio, is presently being implemented by the New York Police Department. It grants police officers the ability to stop a person, ask them questions and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fall under assault and are irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identifying himself as a police officer, and making reasonable inquiries.
Wright, D. B. (2007). The impact of eyewitness identifications from simultaneous and sequential lineups. Memory, 15(7), 746-754. doi:10.1080/09658210701508401
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
In general, official statistics of crime recorded by the police and surveys of the public such as victim surveys and self-report studies are the three main measures of the extent of crime in Britain. The oldest method is to rely on official data collected by criminal justice agencies, such as data on arrests or convictions. The other two rely on social surveys. In one case, individuals are asked if they have been victims of crime; in the other, they are asked to self-report their own criminal activity. (Terence P. Thornberry and Marvin D. Krohn) Although these are a main secondary source of quantitative data, each of them may contain some drawbacks. Thus, this essay will introduce these three methods and demonstrates their disadvantages, such as the police crime statistics exclude the unreported and unrecorded crime;