Furthermore, there can be several factors at play when a wrongful conviction occurs and each case is unique. Three of the more common and detrimental factors that will be explored in this essay are eyewitness error, the use of jailhouse informants and professional and institutional misconduct. Firstly, eyewitness testimony can be a major contributor to a conviction and is an important factor in wrongful conviction (Campbell & Denov, 2016, p. 227). Witness recall and, frankly, the human emory are not as reliable as previously thought. In fact there has been much research showing the problems with eyewitness testimony such as suggestive police interviewing, unconscious transference, and malleability of confidence (Campbell & Denov, 2016, p.227).
The researcher has used various primary sources and secondary sources to collect data for this Research paper by using different books, judgments, and various published articles. 5. Conclusion: So, both Physical and digital evidence have same evidentiary value and this evidence will be admissible in the court only when it shown that the evidence properly handled and must show that there were no way of the evidence to be tampered and the continuity must be shown to shown the link between the crime and victim. The Researcher has come to conclusion, that it cannot be considered as a conclusive proof but only as collaborative evidence. There must be supporting evidence to the evidence to prove the accused
Federal Rule of Evidence Rule 401(a) shows also that it would be immaterial as Mr. Michelson was arraigned with the crime of bribery and not provoking altercations or having ill will is not relevant to the bribery that Mr. Michelson had been charged. Under cross-examination on page 2, line 22 that under Federal Rule of Evidence Rule 404(b) “That evidence
This is why the evidence used to convict said people was not legitimate. The evidence used to incriminate these individuals included, public confession and ownership of the “devil’s mark”. Ocksreider states, “...The magistrates openly encouraged public confessions. To elicit such confessions, the prosecuted were often subjected to stand for lengthy periods without sleep or food while being questioned” (Pg. 14).
The investigating officer can start searching for evidences in any manner he feels suit the crime scene. Importance Of Searching These are some of the basic methods used globally by the forensic experts and the investigating officers to search for evidences at crime scenes. The search for evidences is of extreme importance when it comes to solving a case because they provide as major support to the case. Physical evidence also plays an essential role in several judicial processes, such as:- • Helping to determine the elements of
Thus, because relationships cannot be proved true, an attempt is made to prove them false. This is called falsification. For example, instead of proving that a defendant is truly guilty of a crime, a prosecutor attempts to prove with a certain confidence level that the defendant is not innocent of the crime. For example, if there is a 95% confidence level that a defendant is not innocent, then jurors may find the defendant guilty. In other words, if hypotheses are not proved false, then they are accepted as true at a certain confidence level.
List of Cons of Eyewitness Testimony 1. It Heavily Rests on the Credibility of the Witness The jury tends to believe and uphold the sworn statement of a "credible" eyewitness. But who determines and validates one's credibility? This makes the jury's decision susceptible to subjectivity. 2.
The five factors associated with wrongful convictions are as follows, adversarial process, eyewitness identification, forensic evidence misconduct/ error, interrogation and confessions, and informants/ jailhouse snitches. The adversarial process relies on the skills and resources of the defense and prosecution. Eyewitness identification includes evidence from a witness who has seen the event and can pick out a perpetrator. Forensic evidence misconduct/ error involves forensic evidence that has been collected poorly or handled wrong down the line and tampered. Interrogation and confessions have exonerated about 20% of the wrongful convictions cases, but with this can lead to false confessions.
prosecution, which led them to believe that there were many issues within the system that led to the wrongful conviction that needed to be fixed so another minority was not charged with a murder that was not committed by them. The Inquiry found that the investigation was not done suitably for the standards that the police, and the Crown have. The case’s evidence was insufficient due to lack of investigation at the crime scene, of the witnesses, and of the charges pursued. There was also an insufficient amount of sensitivity of this case due to the fact that it was the prosecution of a visible minority and the lack of training done on the respect to sensitivity on visible minorities. As well as the absence of sufficient review led to the wrongful conviction because they didn’t review the first eyewitness reports and relied only on the second report, which were influenced by an incompetent and unprofessional