Abstract This paper discusses wrongfulconviction in the criminal justice system in the United States. The paper analyzes how it is now evident that there are hundreds of individuals that have been incarcerated who are innocent and how in recent years many of these innocent individuals have been released after serving time on death row or having been incarcerated for decades for crimes that they did not commit.
From the Paper "Wrongful Conviction in the Criminal Justice System Introduction Wrongful convictions have been recorded in the United States since the early 1800s. While it has been historically believed that all individuals convicted of crime claim to be innocent although they are guilty, it is now evident that there are hundreds of individuals that have been incarcerated who are innocent. Furthermore, in recent years many of these innocent individuals have been released after serving time on death row, or having been incarcerated for decades for crimes that they did not commit. The public concern for this issue has only been realized in the past few decades since the advancements of DNA testing, and the ability of scientists to prove innocence in many cases. However, forensic science is not the only method that is used to convict in this country."
Abstract This paper discusses how a wrongfulconviction is a miscarriage of justice and occurs when a person is convicted and punished for a crime he did not commit. The paper also looks at how most criminal justice systems have some means to overturn or rectify a wrongfulconviction, but this is very difficult to achieve. Finally, the paper looks at the causes of some of these wrongfulconvictions and contends that when an innocent person is wrongfullyconvicted, it is definitely a serious miscarriage of justice.
Outline:
Introduction
The Causes of WrongfulConvictions Case Examples
Suggestions to Eliminate WrongfulConvictions Conclusion
From the Paper "The most common reason for a wrongful conviction is because of a mistaken I.D. Studies have been done over the years to determine the error percentage. But from 1932 when the first study done by Borchard through 1996 conducted by Huff, Rattner, and Sagarin, the percentages range anywhere from 45% to 60%. The biggest reason for witness misidentification is because most police departments show victims pictures simultaneously rather than one at a time. Studies show fewer errors are made when pictures are shown one at a time. In addition, sometimes victims want to identify the offender so badly that he or she may identify anyone who even remotely looks like the person or persons who wronged them."
Abstract The paper asserts that wrongfulconvictions adversely affect more then just the defendant; they also affect family and friends as well as the public's confidence in the criminal justice system. The paper looks at three past cases of wrongfulconvictions and identifies changes to the court system as well as the role of innocence commissions in preventing such failures.
Outline:
Abstract
Introduction
WrongfulConviction #1: Tony Ford for Murder
WrongfulConviction #2: Larry Peterson for Rape and Murder
WrongfulConviction #3: Ronald Cotton for Rape and Burglary
Conclusion
From the Paper "The modern American institution of the presumption of innocence as decided by the U.S. Supreme Court in Coffin v. United States, 156 U.S. 432; 15 S. Ct. 394 is often viewed as a logical implementation of Blackstone's Ratio, the simple premise that insists "better that ten guilty persons escape than that one innocent suffer" (Wikipedia). This concept is hardly unprecedented in history and can trace its roots back through English Common Law (of which William Blackstone was a jurist and historian) to the Old Testament (in the book of Deuteronomy) and even as far back as early Roman Law and its Spartan and Athenian contemporaries (Lewis). The driving principle behind this logic is that the one remuneration that can never be made to the wrongfully is that of time and the life that goes with it. Once lost, they cannot be recovered and the injury extends well beyond the convicted."
Abstract This paper stresses that the criminal justice system is a form of theater in its subjective flourishes, which can very much alter what happens to the accused. The author points out that an innocent person can be falsely convicted and spend years in a correctional institution based on his looks and behaviors. The paper relates that Stephen Truscott's wrongfulconviction demonstrates the absurdity of what can go wrong when an innocent man refuses to confess to a crime he did not commit. The author underscores that the issue of wrongful accusation and conviction points to possible errors by the police, the courts and the handling of evidence. The paper urges that this issue should be examined in the context of Canadian civil culture, which disdains the criminal, especially in cases where the accused is allegedly responsible for sexual offenses and homicides involving children.
Table of Contents:
Introduction
Stephen Truscott's Failure to Demonstrate Remorse
Culture and Criminality
The WrongfulConviction of Guy Paul Morin
Implications
From the Paper "In October of 1984, Morin was falsely accused of the still unsolved sex murder of 9 year-old Christine Jessop, his next-door neighbor" in Queensville, Ontario. Morin was then aged 25. When Jessop was reported missing, the Durham Regional Police responded and questioned members of the Morin family. It was observed that Guy Paul Morin showed no reaction, looking ahead, as was noted by police as suspicious. This reaction however is seen as one of several typical if unexpected reactions to police questioning, part of what Gudjonsson analyzed as part of the psychology of interrogations, of all kinds, as may produce extreme evasion or non-acceptance that a crime has taken place, as well as unwanted false confessions."
Abstract This reviews the impact of wrongfulconvictions on the public. In today's world, not a single justice system is really handling criminal cases with one hundred percent accuracy.
Abstract The first part of this paper looks at the surprising number of convictions that have been overturned due to DNA evidence or the work of tenacious lawyers and relatives. It then examines the difficulties that keep the wrongfullyconvicted from finding employment, pursuing an education, and re-building their lives upon their release, and the obstacles they once faced in seeking redress from the state. The next part looks at the current difficulties former inmates contend with in their fight to secure compensation for their wrongfulconvictions. In the last part, the paper looks at the compensation programs in place to address the needs of the wrongfullyconvicted, paying particular attention to the provisions in the WrongfulConviction Bill.
From the Paper "A 2002 study by the Associated Press followed the lives of 110 former inmates after their convictions were overturned due to DNA tests. Majority of the men in this study reported that the vindication failed to bring them the fabled happy ending. Due to their lack of education and training, many find it difficult to secure regular jobs. Most of these men spent the ages of 28 through 38 in prison, a period of life that is often seen as the "critical wage-earning years" (Cohen and Hastings). Many analysts thus believe that their current job and financial difficulties could have continuing repercussions through the normal span of a person's wage earning years."
Tags: wage, job, dna, employment, wrongful, conviction, bill
Abstract This paper first presents and overview of the crime Ruben Carter was accused of and sentenced to life imprisonment for and then takes a look at the impact this case has had on the American judicial system once it was determined that Carter had been wrongfullyconvicted. The paper points out that, despite the increased awareness of the inadequacies of the American judicial that Carter's case generated and the improvements in the justice system brought about by DNA technology, many Americans continue to be wrongfullyconvicted to this day in the United States of America.
From the Paper "The case of Rubin "Hurricane" Carter has become a symbol, both negative and positive, for American's judicial system. Rubin carter's case has had a profound impact on accused and convicted criminals today. The advent of DNA technology has helped to reduce the number of wrongful convictions, and has also been instrumental in exonerating a number of convicted prisoners. While DNA technology has had an important impact on the criminal justice system, experts argue that the number of wrongful convictions is an increasing problem in the United States. One website lists 22 potential wrongful convictions on Texas' death row alone. Racism played an important role in Carter's original conviction, and today allegations of racism continue to plague the criminal justice system. The legal damage to the right of habeas corpus by the Antiterrorism and Effective Death Penalty Act of 1996 has reduced the ability of prisoners to demand the right to be brought before a judge to determine if they have been unlawfully imprisoned. Altogether, while Rubin Carter's case brought a great deal of public attention and sympathy to the issue of wrongful convictions, accused and convicted criminals today continue to fact the problem of wrongful conviction."
Abstract This paper details the numerous errors on the part of the Ontario police department, as well as the prosecutors who were determined to find Guy Paul Morin guilty of killing Christine Jessop. This paper explores the various reasons Morin was wrongfullyconvicted including the fact that the police did not seek out any other suspects, as they were sure Morin was guilty. On October 3, 1984, 9-year-old Christine Jessop was brutally beaten, stabbed, raped and murdered. Morin was charged with the murder of Christine Jessop. When the prosecution could not prove its case in 1986, Morin was acquitted of the murder. Immediately the verdict was appealed by the prosecution. The Supreme Court ruled that the judge misdirected the jury. Evidence played a key role in the conviction and exoneration of Guy Paul. This paper also details the main evidence that had been used against Guy Paul had in fact been contaminated since 1985.
From the Paper "Police had leads to other people, but did not follow up on them because they were just after Guy Paul, not anybody else. The first possible person is Paul Wilsonm he was seen cleaning the inside of his truck with a hose, which made his employer suspicious. Police just look at the truck and said "it looks fine" and that was the end of that. The second possible suspect was Tom Atkins. Atkins was charged with the sexual abuse of 5 year old and lived in the area. When he passed a polygraph test, police let him go, even though they had a search warrant and could have searched his house to be certain he did not have anything to do with the murder. The third suspect is Mike Taylor. He (Mike) had been working at the cemetery where Christine used to play, he also once threatened his sister with a gun. Mike once went after his father with a chainsaw, but he had an alibi for the night of the murder, his family. Later on, Mike's sister changed her story, but not with the police."
Abstract The paper explores why somebody would confess to a crime they did not commit and identifies several types of people who falsely confess. The paper discusses how the criminal justice system tends to set the confession of the defendant as the most important and irreversible proof of guilt, ignoring evidence to the contrary, other statements and other possible suspects. The paper maintains that it is crucial for the police to closely follow the criminal procedure even when faced with a confession from the most likely suspect.
From the Paper "The English jurist William Blackstone once declared that it would be "better for ten guilty persons to escape than for one innocent to suffer" . The principle is still applicable today as wrongful convictions do so much damage and ruin so many lives. They can no longer be considered simple "regrettable anomalies " of a system that works properly. There are many factors leading to such unfortunate developments in a case out of which the most important are: insufficient, corrupted or false evidence, untrue witness statements, including confessions, biased evaluations and other unfortunate happenings. Wrongful convictions due to false confessions are a great problem that the criminal justice system has been and is still facing."
Abstract A discussion of the difference between right and wrong and whether society knows how to discern between the two. The author discusses the case of Jon Venables and Robert Thompson who abducted and killed a two year old boy as well as various cases and scenarios to explain the debate.
From the Paper ?In February 1993, in Liverpool, England, two ten year old boys abducted two year old James Bulger and murdered him. In a case which shocked the whole country, Jon Venables and Robert Thompson were found guilty of murder, and were sentenced to imprisonment, at the age of ten. Since then, there has been numerous moral and ethical arguments put forward, contesting the justifiability of their sentence. The trial of Jon Venables and Robert Thompson was held before an adult jury. Witnesses were called, including Irene Slack, the headmistress of the school where the boys attended. In her evidence she said that from the age children enter school, they have a sense of right and wrong.?
Abstract This essay presents the summary of the magnum opus "Twice the Work of Free Labor- The Political Economy of Convict Labor in the New South" by Alex Lichtenstein. This paper shows how Lichtenstein provides an overview and his personal review of the late nineteenth and early twentieth century criminal justice system in order to single out the possible reasons behind the current massive figures representing African American prisoners. The last paragraph is based on personal opinion of the book.
From the Paper "The long-lasting heated debate took its origin from C. Vann Woodward, one of the foremost advocators of the discontinuity thesis. He presented his controversial views regarding the emergence of the New south and its history. He was of the view that as an aftermath of the Civil War and Reconstruction, a distinct group of tradesmen and business tycoons appeared resulting in the demise of the prestigious class of ancient farmers and agriculturists of the south. However, the real debate began in the 1970s when the "new abolitionsists" or "new continuarians" headed by the pioneer Jonathan Wiener vehemently opposed Woodward by refuting his claims. This group suggested that the society of New South had slightly deviated or changed from what it believed, practiced as rituals and ancient manners. Thus maintaining that southern society was built on chained and enslaved horticultural working class and uncovered the resistance of the people of south toward industrial growth. This class of observers took jailbird labor, sharecropping, and deficit subordination as apparent and potential symbols representing servitude. In addition to the above, they were of the notion that it was due to the act of enslaving blacks that the South remained economically and socially unstable. Where the two clashing groups of historians addressed two major aspects of south that is forced labor and capitalism, Lichtenstein rejects both point of views, he established his own thesis thereby throwing light on a highly neglected yet critical aspect of the underlying issue and settles the continuity debate forever. The convict lease system of the south as well as the chain gang system are considered as the "most appalling features" that the author considers as responsible components for replacing South "to the process of modernization itself" (p. xvi)."
Abstract This six-page undergraduate paper addresses the use of DNA to overturn prisoners who have wrongly been convicted. DNA testing has made exoneration possible for many innocent convicts. It allows the prevalence of a more just legal system. Unfortunately, this expensive testing is made freely available to convicts only in New York and Illinois. In the rest of the states, the prosecutors, the courts and the governors rule whether a prisoner would have DNA testing. Many prisoners resist this test possibly because they are guilty of crime.
Abstract This paper explains that 8% of wrongfulconvictions are due to forced confessions prompted by the police. The author states that twelve-year-old Stephanie Crowe was found stabbed to death on her bedroom floor in 1998; however, the Crowe family's nightmare had only just started because her 14-year-old brother Michael was coerced by Escondido, California police detectives, who were so desperate for a confession to close this horrific crime that they overlooked crucial evidence, into confessing to the murder. The paper relates that the charges of murder were dropped before trial in February, 1999 after last-minute DNA testing found spots of Stephanie's blood on a sweatshirt worn by a transient man seen in the neighborhood the night of the killing.
Table of Contents
Introduction
The Crime
The Investigation
The Transient
Mass of Evidence
Under Suspicion
The Interrogation of Michael Crowe and Joshua Treadway
What Was Wrong With The Interrogation?
Aftermath of the Confessions
Preparing for Trial
Forensic Flip-flop
Preview of Evidence
The Richard Tuite theory
The Evidence in the Container
The Hearing
Prosecution's Confidence Enhanced
Defense's Rebuttal
The Crucial Hearing
Groundbreaking Evidence
A Conviction at Last
From the Paper "The detectives interrogating Michael Crowe crossed a clearly and explicitly defined line when they told Michael only by admitting he killed his sister they could help him and by telling him his parents no longer wanted him. According to a Crime Library Article, the police "used lies, false promises, isolation from parents and attorneys, even threats of adult prison and predatory older inmates" as techniques to elicit a confession. The treatment of Michael by detectives was clearly not according to protocol. The interrogation of Michael Crowe was against protocol and clearly was an enormous mistake made by detectives."
Abstract This paper discusses the cases of Jeff Deskovic, who served nearly 7 years of prison time and Curtis Edward McCarty, who was in jail for 21 years and on death row, after being wrongfullyconvicted for murder. The author explains in detail how in both cases evidence was built up against them in an unethical manner, and in Deskovic's case, his constitutional rights as a juvenile were violated. The author describes how The Innocence Project took Deskovic's case and, by retesting the semen found in the victim with newer technology, succeeded in finding a match in the New York State DNA databank of convicted felons. McCarty appealed his case several times and was sentenced to death three times before The Innocence Project became involved and won him a new trial with fresh DNA evidence that resulted in his release.
From the Paper "The treatment of Deskovic while in police custody raises several procedural ethical issues as well as being a clear display of ethical injustice to the constitutional rights guaranteed to juveniles. For example, landmark Supreme Court rulings such as Kent v. United States, In re Gault, and In re Winship guaranteed specific rights to juveniles who are taken into police custody, and several of these guaranteed rights were not effectively dispensed to Deskovic. Vito & Simonsen (2004) explain that the Kent, ruling entitled juveniles to (1) A hearing, (2) To be represented by counsel at such a hearing, (3) To be given access to records considered by the juvenile court, [and] (4) A statement of the reasons in support of the waiver order (p. 165). Gault, held that a juvenile has the right to counsel and that "the child and/or parents may be represented by counsel [and that] if they cannot afford... counsel, the child and parents are... entitled to be represented by counsel at public expense" (p. 167)."
Abstract The paper analyzes research reports and other studies on the application of the death penalty in America in terms of race. The paper examines what the data shows about racial discrimination in arrests, prosecution, conviction and the application of the death penalty in cases across the country.
Outline:
Methodology
The Police Role (Arrests)
The Judges' Role (Conviction)
The Prosecutorial Role
The Jury Role
African Americans and the Death Penalty
Hispanics and the Death Penalty
The Influence of the Victim's Race in Death Penalty Cases
The Influence of Race on WrongfulConviction in Death Penalty Cases
From the Paper "Dezhbakhsh and Shepherd (2003) consider the nature of the police force in terms of racial makeup and its effect on murder rates, arrests, convictions, and the deterrent effect. They find that total police employment in terms of gender and race has no consistent relationship with murder rates. They also consider the idea that more police would mean higher arrest rates and lower crime, but the evidence does not support this position. A higher police presence does have an effect on other types of crime, but murder rates are not much affected, which might relate to the view that most such crimes are crimes of passion and heat-of-the-moment events for which deterrence is less effective."
