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Criminal justice system wrongful convictions
Criminal justice system wrongful convictions
Criminal justice system wrongful convictions
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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. 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 ... ... middle of paper ... ...pinion” (Roberts, Grossman, 2012, 262). This system is successful at helping convicted persons, however, there are very few applicants. This is due to many factors including; the strenuous application process, the pride of the accused that does not want to seek “mercy”, and a lack of awareness regarding the program among inmates (Roberts, Grossman, 2012, 262). Works Cited Roberts, J. V., & Grossman, M. G. (2012). Why Say Sorry When I Didn't Do It? Remorse and the Dilemma of the Wrongfully Convicted. Criminal Justice in Canada: A Reader Fourth Edition. Toronto, Ontario, Canada: Nelson Education Ltd http://www.cbc.ca/news/canada/calgary/david-milgaard-charged-with-assault-with-weapon-1.986672 http://www.canada.com/saskatoonstarphoenix/story.html?id=042745c7-ce49-419d-a8db-b66482cfc31c http://aidwyc.createtoconvert.com/about/
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
The article Marginalization and Wrongful Convictions, discusses issues with Canadian criminal justice system that has led to wrongful convictions. This problem seems to be more complex than just human errors. (Anderson, 2009: 7) Wrongful convictions closely contribute to the practice of the Adversarial Legal Processes, bureaucratic and professional wrongdoings, “tunnel vision,” and social inequality. ( )Wrongful convictions harm innocent people, traumatize them and undermine their healthy relationships with their loved ones.
There were 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 Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
Wrongful convictions are a growing trend amongst the Criminal Justice system. Justice can never be served completely to the extent of the victim but starting off with a proper conviction is a start. Eyewitness misidentification is one of the main causes for wrongful convictions. We should focus more on identifying victims through reforms and procedures that could help narrow down the perpetrator. Without these solutions there are bound to be consequences. These consequences are posttraumatic stress and the inability to cope to normal society. We need to follow these steps in order to lower the rate of wrongful conviction. I truly believe wrongful conviction can be prevented.
No justice system can produce results that are one hundred percent conclusive. Mistakes can and will be made (Message from the Prosecuting Attorney). Despite ...
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Radelet, Michael L., Hugo A. Bedau, and Constance E. Putnam. "In Spite of Innocence: Erroneous Convictions in Capital Cases." Google Books. UPNE, 26 May 1994. Web. 02 Dec. 2011. .
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.
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
There are countless examples of injustice served by the justice system. However two predominate examples from 1987 and 1988 clearly show the unacceptable discrimination by the system. In november 1987 there was finally a trial for the murder of Helen Betty Osborne from 1971 in The Pas Manitoba. The trail had clearly determined that four separate men were in attendance of the murder of the your first nations female, only one of the men were eventually
The topic I chose involved criminal justice. I narrowed my search by deciding to focus on cases where people are wrongly accused of a crime, how that happens and how it impacts people that go through it. The reason I picked this for the passion project is because I have always liked reading about criminology and different criminal law cases. I also am interested in doing something involving that in college and for a career. To narrow my search, I am looking at the general idea of wrongful accusation, and also reading about specific cases where this actually happened. An interesting piece of information that I learned was that there are many different causes of wrongful conviction. For example, government officials take steps to ensure that
The facts of this case are extremely distressing, raised in broken households and residential schools both defendants endured difficult childhoods. Drugs, violence and sexual abuse were all common aspects of their lives, this cycle of abuse becomes a constant dynamic as they age. The issue here is regarding sentencing. Sentencing in such cases is problematic since the criminal code requires sentences to be proportionate to both the gravity of the offence and the degree of responsibility of the offender. In such cases it is nearly impossible to estimate the responsibility of the offender. The Supreme Court of Canada held that the lower criminal courts must hand down sentences that recognize the unique histories of marginalized Aboriginal offenders