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Racial discrimination in the justice system
Racial bias in sentencing
Racial Discrimination in the Criminal Justice System
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Wrongful conviction and imprisonment is a big issue in the United States. A man by the name of Jerry Miller who “spent 25 years in prison for rape was exonerated… a judge threw out his convictions because DNA evidence showed he could not have committed the attack”. However Mr. Miller’s case is not an abnormal one, he has become the 200th person exonerated of all charges with thanks to post conviction DNA testing. The “Innocence Project”, “a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustices” , came to Jerry Millers representation and helped him to obtain the court order he needed to test the DNA to prove his own innocence. “Just since 2000, there have been 135 DNA-based exonerations….. 14 people sentenced to death, a combined total of 2,475 nights in jail”, all for crimes these 200 people did not commit, these men have post conviction DNA testing to thank for their freedom, but still there are 2.3 million people imprisoned in the United States, most in prison for crimes that do not involve forensic evidence. Leading people to believe that thousands of innocent people are being held behind bars as prisoners for crimes they did not commit but they do not have enough substantial evidence to show proof. Out of the 200 cases that the people were acquitted 77% were convicted solely on mistaken eyewitnesses.
Mr. Miller accounted for a portion of that 77%. Miller was a suspect in this case because days before the crime, Officer Kenneth Fligelman had stopped him and said that he was suspected of “looking” into parked cars. Mr. Millers theoretical raping happened on the roof of a parking ...
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The issue of innocent people being put behind bars has got to be dealt with. In order for prosecutors to plea bargain said innocent people into taking a guilty plea, they should have to show undisputable evidence, nothing that is circumstantial or only has the word of someone else behind it. It use to look as though nothing was going to change, that people were going to continue to be wrongfully accused and imprisoned, but after Jerry Miller became the 200th person to be extradited using post conviction DNA testing peoples eyes have opened a little bit more. Prosecutors probably will not change their views on trials until about 600 or 700 people have been released because they have been wrongfully accused. There are innocent people losing their lives, being locked up, and rotting away all the potential that they could have had. We must solve this injustice.
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.
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
This is surprising because the legal system in the United States is “innocent before guilty”. If an innocent man is found guilty then I believe the court should provide their resources to that individual. For example, the United States main form of government is democracy but when the court system makes a fatal error they are not responsible for their own mistakes. Additionally, in the film After Innocence, they focus on questions that ask about human rights and society moral
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.
Although the criminal justice system punishes those who have committed crimes against society, there are still flaws in the system that send innocent people to prison. Actual Innocence by Barry Scheck, Peter Neufeld, and Jim Dwyer, focuses on those problems connected to the incarceration of innocent people, as well as those who have been convicted and were ultimately exonerated. Confessions and racism are two major issues that are described in Actual Innocence that explain how these problems occur in our criminal justice system today and how innocent people are convicted of crimes.
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.
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
Justice cannot be served until the debate on capital punishment is resolved and all states have come to agree that the death penalty is the best way to stop crime completely.
Ego is that which constitutes the essential identity of a human being. It is defined as the “I” or self of any person; a person that is able to think, feel, will, but perhaps most importantly- reason. The Palace of Corrective Detention has no guards and the locks are old. The convicted, or lack, thereof, do not ever try to escape. From the beginning, the government of Anthem perpetuates its ideology to its citizens. Because of this fact, the citizens never learn of what the Council forbids them to know. In essence, these criminals in the Palace of Corrective Detention are never able to conceive the notion or concept of escape. The people in the totalitarian world of Anthem have no ego- they cannot begin to fathom escape, for the true prison they are trapped in is their own mind. The prisoners are a manifestation of the fact that in the collectivist society, one cannot accomplish anything without the permission of another. The prisoners have been brought up by the system that controls them in the broadest sense. Hence, the prisoners are trapped within themselves. The Palace of Corrective Detention, to a certain extent, represents the mind of the prisoners. The binds that hold down the prisoners at the Palace of Corrective Detention are not physical restraints, but psychological ones.
“A Death in Texas” by Steve Earle is the true-life story of a friendship that occurred over ten
If most cases went to trial, the likelihood of the accused posting bail or the judge releasing the accused on their own recognizance is seldom therefore, jails would be crowded with individuals awaiting court dates. According to an article "Why Innocent People Plead Guilty" by Jed S. Rakoff "In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial." This is infringing people 's right based on the sixth
The ethical theory of utilitarianism and the perspective on relativism, of prison labor along with the relativism on criminal behavior of individuals incarcerated are two issues that need to be addressed. Does the utilitarianism of prisoner’s right laws actually protect them? Or are the unethical actions of the international and states right laws exploiting the prison labor? Unethical procedures that impact incarcerated individuals and correctional staff, the relativism of respect as people and not just prisoner’s; the safety of all inmates and correctional staff, are all issues worth continuous reflection.
The origin of the word prison comes from the Latin word to seize. It is fair to say that the traditionally use of prison correspond well with the origin of the word; as traditionally prison was a place for holding people whilst they were awaiting trail. Now, centuries on and prisons today is used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception however, of the death penalty and corporal punishment that still takes place in some countries. Being that Prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then be examining whether prison works, by drawing on relevant sociological factors. Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail?
In 1987, United States used DNA evidence to prosecute and convict a serial rapist. It all started in Florida when a woman was awoken by noise. She woke up and a man was standing over her holding a knife towards her, threatening to kill her if she didn’t comply. While she was being raped she started fighting back, she was cut on her neck, legs, feet, and face. Once she was raped the rapist stole her purse and left her home. The victim reported the crime to police shortly after. During an examination a rape kit was performed and evidence of semen was f...