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Wrongful convictions
Wrongful convictions
How wrongful convictions have affected the criminal justice system
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Wrongful convictions occur when innocent defendants are found guilty in criminal trials, or when defendants feel compelled to plead guilty to crimes they did not commit in order to avoid the death penalty or extremely long prison sentences. The term wrongful conviction can also refer to cases in which a jury erroneously finds a person with a good defense guilty (e.g., self-defense), or where an appellate court reverses a conviction (regardless of the defendant’s factual guilt) obtained in violation of the defendant’s constitutional rights. This research paper deals with the first type of wrongful convictions, or wrong person convictions. Note also that the verdict of acquittal in American law is “not guilty” rather than “innocent,” meaning …show more content…
This has always been recognized by the U.S. legal system. The rising number of exonerations, however, and growing awareness that such injustices occur every day in American courts, raises profound doubts about the accuracy and fairness of the criminal justice system. This understanding is supported by considerable recent research. This surge in awareness and budding research has motivated a growing number of innocence projects, which work to exonerate wrongly convicted prisoners, to also propose justice policy reforms designed to reduce the number of wrongful convictions or to alleviate their effects. This research paper explains why wrongful conviction has become a prominent issue, the scope of the problem, its causes, and reform …show more content…
If they are frequent and are linked to systemic problems, then they pose a challenge to the fairness and accuracy of the justice system that calls for a public response. The issue is controversial. Some prosecutors and judges believe the number of wrongful convictions to be vanishingly small and have offered an estimate of approximately 260 a year or an error rate of 0.027% (or 0.00027). This figure is a mistaken interpretation of a study conducted by Professor Samuel Gross and colleagues that counted 340 known exonerations between 1989 and 2003 (Gross, Jacoby, Matheson, Montgomery, & Patil, 2005). Critics fail to note that an exoneration is not the same as a wrongful conviction (although the terms are loosely used as equivalents). Gross et al. (2005) defined an exoneration as an official act declaring a previously convicted defendant not guilty, by means of (a) a governor’s pardon on the basis of evidence of innocence; (b) a court dismissing criminal charges on the basis of new evidence of innocence (e.g., DNA); (c) a defendant being acquitted on retrial after an appeal, on evidence of factual innocence; or (d) a state’s posthumous acknowledgment that a defendant who had died in prison was innocent. The study, however, demonstrated that the 340 exonerations it catalogued were the tip of an iceberg, with the number of wrongful convictions probably reaching into the
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.
These days, colleges are seemingly endless money pits. Did you know that in 1970 at a public university, tuition on average was only $2,710? Today, we could only dream of it being so low. Once you start looking at the actual average prices of attending a college or a university, you start to think it’s a joke with how expensive it is. It’s definitely no joke. The annual cost for undergraduate tuition, room and board is estimated to be $12,804 at public institutions and $32,184 at private institutions for the 2010 academic year, according to the U.S. Department of Education’s National Center for Education Statistics. That means that even a modest education—a bachelor’s degree from a public university or college—will cost at least $50,000. You can find cheaper colleges for example if you attended a community college, but many of those you cannot get more than a two year degree with. There are also colleges with pr...
“The number of wrongly convicted persons cannot be known with certainty, because no federal or state agency keeps track of exonerations, let alone wrongful convictions (Criminal Justice, p.1).” Wrongful convictions occur when an innocent person is found guilty. Our justice system tries to reveal the truth but not always in the best way. Wrongful convictions will most likely to happen because of how our justice system deals with cases. Our Justice System gets innocent people to confess to the wrongdoings that they have not committed. They also use jailhouse informants to fabricate a story that can convict the accused. Tunnel vision is also a big part of why people are getting wrongfully convicted. The injustice of being convicted for a crime
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.
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
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus. Galations 3:28
Many are expecting college to be expensive. They worry about how much they can afford and having to make payment arrangements. Some go as far as to think only rich people can afford to go to college. There is a thought that you have to have good credit to get a loan that takes forever to pay back. Many are not aware of the programs that are o...
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
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.
One of the main factors in wrongful convictions, tunnel vision, has been recognized by psychologist as a human tendency to quickly convict a suspect so that society feels safe. Although tunnel vision is seen as a natural instinct it can convict innocent individuals and weaken the criminal justice system . Jerome Frank, a judge in the United States Circuit Court of Appeals explored the causes of wrongful convictions and noted that in 36 cases tunnel vision was a significant factor in the conviction of innocent individuals. As demonstrated, tunnel vision is a prevalent factor and may affect cases resulting in judges and juries convicting wrong suspects. However, the human tendency towards tunnel vision is a distinctive feature of an individuals psychological characteristics. Psychologist view tunnel vision as the product of cognitive biases. These natural biases explain why tunnel vision is common even amongst respected legal enforcers and honest justice systems. Although tunnel vision is a common natural tendency, it can be altered and lead to the conviction of innocent individuals.In situations when a high profile case is
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).