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Injustice in the judicial system
Wrongful convictions
Wrongful convictions
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There are many prisoners sitting in prison today for a crime not committed by them. Sometimes, the law rushes into convictions before getting complete facts. Maybe a small town needed revenge which could lead to a wrong conviction. It could be from “ignorance of the law”. Most are not aware of their rights and what could be said that might falsely incriminate a person. There are also the forced confessions by police who threaten or use scare tactics to get a false confession. Most wrongfully convicted are sitting in prison for witness misidentification. Police not taking the time to get actual proof of guilt have ruined innocent lives. Is it fair for a person to serve time for a crime they did not commit? Why is a person still serving time when the evidence is there proving their innocence? Today, DNA testing has become more evident to solving cases in proving guilt or innocence. I am focusing on a case of three boys convicted of murders with no substantial evidence to prove guilt and how DNA evidence could help them receive an acquittal they have anticipated for eighteen years. According to the Innocence Project website, there have been 272 post conviction DNA exonerations in the United States (“Innocence”). Since the late 1980’s, DNA testing has exonerated more than 250 wrongly convicted people, who spent an average of 13 years in prison for crimes they didn’t commit (Rosen, New York Times, 2011). There are a total of 205 exonerations that have been won in 34 states since 2000, and 35 percent of those confessions were done by a person that was eighteen years old or younger (“Innocence”). An example of a confession gone wrong from a person under eighteen years old is the case known as the “West Memphis Three”. The case involve... ... middle of paper ... ...hildren. Works Cited Steel, Fiona. “The West Memphis Three”. 1 July 2011. http://www.trutv.com/library/crime/notorious_murders/famous/memphis/index_1.html. InnocenceProject.org, “The Fact Sheet”. Benjamin N. Cardozo School of Law at Yeshiva University. 13 July 2011. http://www.innocenceproject.org/Content/Facts_on_PostConviction_DNA_Exonerations.php. Rosen, Jeffrey. “The Wrongful Conviction as Way of Life”. 26 May 2011. The New York Times. 12 July 2011. http://www.nytimes.com/2011/05/29/books/review/book-review-convicting-the-innocent-where-criminal-prosecutions-go-wrong-by-brandon-l-garrett.html. Parker, Suzi. “West Memphis Three: Three men convicted, DNA evidence reopens case”. 26 November 2010. The Christian Science Monitor. 12 July 2011. http://www.csmonitor.com/USA/Justice/2010/1116/West-Memphis-Three-Three-men-convicted-DNA-evidence-reopens-case.
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
As we learned this week, DNA databases are used by various governmental agencies for several different purposes. We all have seen new magazine shows such as, 20/20 or Dateline, that show the collection of DNA samples from suspects in a case that is compared to those collected at the scene of the crime. But what happens when the sample is an incomplete match, compromised, or contaminated? The answer is the wrongful conviction of innocent citizens. The case that I have decided to highlight, is the wrongful conviction of Herman Atkins. In 1986, Atkins was convicted of two counts of forcible rape, two counts of oral copulation, and robbery in the state of California. It was alleged that Herman entered a shoe store, and raped, beat, and robbed a
In today's society no crime is a perfect crime, with the use of DNA testing and modern advancements in health and forensics even the smallest piece of someone's genome can be cultured and used to identify even the most devious of criminals. The use of DNA testing was able to help change the life of Gene Bibbins for the better and further proved how DNA testing is able to be used to help clarify who the culprit actually is. Gene Bibbins life was forever changed the night that he was unjustifiably arrested for aggravated rape which resulted in his being sentenced to life in prison, only for his case to eventually be reevaluated sixteen years after his conviction, leading to his exoneration.
In his article, “The Nightmare of the West Memphis Three”, Rich explores how the people of Memphis drew horrific conclusions about people based on the lifestyle they chose to practice. The article highlights the trials and tribulations faced by the accused three young teenagers. Rich does this by citing the popular documentary series “Paradise Lost” which is an in depth analysis into the lives of the accused, the victims’ families and members of the community. This paper outlines how the belief system of that time superseded the inconclusive evidence, which ultimately led to an unfair trial. By “othering” and “marginalizing” those three teens, the society and police created a scenario that aligned with their belief system at the time. Lastly, this paper highlights the influence of the media and celebrity in changing the course for these boys.
If that does not occur to the reader as an issue than factoring in the main problem of the topic where innocent people die because of false accusation will. In addition, this book review will include a brief review of the qualifications of the authors, overview of the subject and the quality of the book, and as well as my own personal thoughts on the book. In the novel Actual Innocence: When Justice Goes Wrong and How to Make It Right authors Barry Scheck, Peter Neufeld, and Jim Dwyer expose the flaws of the criminal justice system through case histories where innocent men were put behind bars and even on death row because of the miscarriages of justice. Initially, the text promotes and galvanizes progressive change in the legal
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
"The West Memphis Three Trial: Who was the real killer or killers?." The West Memphis Three
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.
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
After reading, DNA testing is has the biggest reason why people have been exonerated. An estimate of about 336 people have been exonerated by DNA testing and 20 of them who have served time on death row. “ To date 336 people in the United States have been exonerated by DNA testing, including 20 who served time on death row.” (“Exonerating the Innocent.”) This quote proves that I am credible, because it shows that I researched it, and found out facts about the innocent project.
The Death Penalty Should Be Enacted In Illinois Due to the recent releases of newly exonerated Death Row inmates, individuals and organizations are calling for a moratorium- a cooling off period for state executions. The cases of just a few inmates makes it apparent that this would be a necessary step to save innocent lives. After 17 years in prison, Illinois Death Row inmate Anthony Porter was released from jail after a judge threw out his murder conviction following the introduction of new evidence. This reversal of fortune came just two days before Porter was to be executed. As reported in USA Today, Porter's release was the result of investigative research as conducted by a Northwestern University professor and students. The evidence gathered suggested that Porter had been wrongly convicted. Were these new revelations and the subsequent release of Porter a lucky break or a freak occurrence? Not likely, reports DeWayne Wickham, also of USA Today. He points out that since the reinstatement of the death penalty in the United States in 1976, of those sentenced to death, 490 people have been executed while 76 have been freed from Death Row. This calculates into one innocent person being released from Death Row for every six individuals that were executed. This figure correlates with the 1996 U.S. Department of Justice report that indicates that over a 7-year period, beginning in 1989, when DNA evidence in various cases was tested, 26% of primary suspects were exonerated. This has led some to conclude that a similar percentage of inmates presently serving time behind bars may have been wrongly convicted prior to the advent o...
The system has gone as deep as to making it so that even if a person has not committed a crime, but is being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years for a crime they didn’t do?” (Quigley 2). The criminal justice system has scared the majority of the population into believing that even though they did not commit a crime, they are convicted of it.
"The Innocence Projectan." The Innocence Project - About Us: FAQs:How Many People Have Been Exonerated through DNA Testing? Benjamin N. Cardozo School of Law at Yeshiva University, n.d. Web. 25 Mar. 2014.
Singer, Julie A. "The Impact Of Dna And Other Technology On The Criminal Justice System: Improvements And Complications."Albany Law Journal Of Science & Technology 17.(2007): 87. LexisNexis Academic: Law Reviews. Web. 10 Mar. 2014.