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The importance of eyewitness testimony in the criminal justice system
Exploratory essay on the factors of wrongful convictions
Wrongful convictions in the us
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Injustices of the Justice System
Today’s justice system is broken and flawed, with a history of falsely convicting innocent people due to a variety of things, including eyewitness misidentification, invalid or improper forensic testing, and even racial bias on the jury. Many wrongful convictions happen as a result of a combination of these things, and other causes can contribute in each individual case (“causes”). Countless people throughout history have been punished for crimes they did not commit, and with recent advancements in DNA testing bringing about hundreds of exonerations of the wrongfully convicted, one has to wonder how many innocents have languished in prisons throughout history. With all the flaws and potential for error in our courtrooms today, justice can not be brought about by our current system; in order to repair it, we need governmental reform to promote true equity and prevent future miscarriages of justice.
The two largest contributors to wrongful convictions are eyewitness misidentification and improper forensic testing; the human brain is not like a tape recorder, which means we cannot record information with undoubted accuracy nor can we easily repeat such information like a tape that has been rewound and many of the so-called sciences involved in forensic tests are unfounded and untested. The justice system relies heavily on eyewitness testimony, especially in the absence of other evidence, but several studies and cases have shown that this practice is frequently unreliable, with 77% of DNA exoneration cases involving eyewitness misidentification (“Eyewitness Misidentification”), and many juries are presented forensic evidence as scientific fact, when in reality nobody knows how accurate these tests ...
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...o go unpunished.
Works Cited
"The Causes of Wrongful Conviction." The Innocence Project. The Innocence Project, n.d. Web. 23 Apr. 2014.
"Criminal Justice Reform Commissions." The Innocence Project. The Innocence Project, n.d. Web. 23 Apr. 2014.
"Eyewitness Misidentification." The Innocence Project. The Innocence Project, n.d. Web. 22 Apr. 2014.
"The Innocence Project - Know the Cases: Browse Profiles:Clarence Harrison." The Innocence Project - Know the Cases: Browse Profiles:Clarence Harrison. The Innocence Project, n.d. Web. 23 Apr. 2014.
Lee, Harper. To Kill a Mockingbird. New York: Warner, 1982. Print.
"Mid-Atlantic Innocence Project » Bernard Webster." MidAtlantic Innocence Project RSS. N.p., n.d. Web. 23 Apr. 2014.
"Unreliable or Improper Forensic Science." The Innocence Project. The Innocence Project, n.d. Web. 23 Apr. 2014.
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
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.
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
Convicting the Innocent: A Critique of the Theories of Wrongful Convictions. Criminal Law Forum, 20(2/3), 173-192. Crime in the United States. (n.d.) Retrieved from http://www.fbi.gov/ Friedman, S. (2014, March 10).
Wakefield, Dan. “Justice in Sumner: Land of the Free.” The Nation 1 Oct. 1955: 284-285.
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
There are major problems with our criminal justice system. In the last one hundred years, there have been more than 75 documented cases of wrongful conviction of criminal homicide. According to a 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. For this very reason, the State of Illinois imposed a moratorium on the state?s death penalty in 2000 when it was discovered that 13 inmates on its Death Row were wrongly convicted. Anthony Porter, one of the 13, spent 15 years on Death Row and was within two days of being executed, before a group of Northwestern journalism students uncovered evidence that was used to prove his innocence.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
The main purpose of this article is to look at the possible link between race and exoneration, and how race and wrongful convictions lead to the exonerations. There were three reasons that the authors chose this topic to research. The first reason was the research previously done in the field show racial biased in the criminal justice system. This paper looks at how that effects wrongful conviction and the subsequent exoneration. The second reason is because if there is an innocent person in prison that means that the real culprit is still out there, and more than likely committing more crimes. The third reason is racial composition of the dyad, victim and the perpetrator. This article is the first to mention the dyad and the authors focus on that in their discussion of wrongful conviction. This article is a very insightful look at the problem of the racial bias in the system that leads to wrongful conviction and how that leads to exoneration. It effectively explains the causes of wrongful convictions and how race affects those causes, especially how the dyad is incorporated in it.
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
The criminal justice system in America is comprised of not just one but of a set of organizations and procedures that have been created by governments in order to mitigate crime and impose penalties for those people who choose to break the law. The United States has many individual criminal justice systems and each jurisdiction i.e. city, county, state, federal or tribal government or military has the ability to dictate how the system works as well as have different laws. With that being said, people in the United States rarely have contact with the criminal justice system and subsequently get much of their ideals and knowledge of what the criminal justice system is and how it works from the media, especially through entertainment television viewing. (Albany) Even though I have been to countless court hearings as a police officer, attending a jury trial as a student was different as I was able to step back and look at it through the eyes of a learner and not an agent of the government.
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.