The author seeks to place the responsibility of punishing innocent people in the correctional system, onto that of the state. The role of the correctional system in criminal justice is to punish and rehabilitate, but why happens when someone is placed in there through a wrongful conviction. Though various cases have different circumstances, the author states that the one constant factor in all wrongful conviction cases is the state. By expanding upon existing arguments relevant to state crime the author seeks to expand the readers understanding of wrongful convictions, purely from a criminological point of view. By doing so the article will add to the readers understanding of the tragic scenario of wrongful conviction.
The author wants the audience to understand, what a wrongful conviction is and why the responsibility should fall on the state. Though many would assume that wrongful convictions is the conviction of an innocent person for a crime in which they did not commit, however it is not as simple as that. In the article there is a passage that states “whilst a wrongful conviction can occur if guilt beyond reasonable doubt cannot be demonstrated,
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The states that “This paper is not intended to definitively place all wrongful convictions as a state crime or harm. However, it follows the calls of Leo (2005), Siegel (2005), and Norris and Bonventre (2013) in providing theoretical grounding for wrongful conviction.” The author states since 1989, there has been over 1,300 exonerations. He further breaks down the data by stating that of the 1,300 exonerations, 37% of those were based on DNA evidence. While 1,300 exonerated individuals is a small margin of error for the criminal justice system that doesn’t mean that problem is not significant. The criminal justice system still failed at least 1,300 of the very people that the system was meant to
Introduction The book that I selected is called “Getting Life” by Michael Morton, who is a man that was wrongfully convicted of killing his wife in Texas in 1986. This book takes us from a happy young couple to the day of the murder, through the investigation into his wife’s murder, Michael’s trial and conviction, 25 years in prison, appeals, release from prison, and reintegration into society. One unique fact about this case is that is the first case where the prosecutor in a wrongful conviction case was subsequently convicted of prosecutorial misconduct, stripped of their law license and sentenced to serve time in jail.
The Canadian case I selected in which a wrongful conviction occurred was of Robert Baltovich. In 1992 Baltovich was wrongfully convicted of the murder of his girlfriend Elizabeth Bain and he was sentenced to life in prison with no eligibility for parole for the next 17 years (Innocence Canada, 2016). This case took place in Scarborough, Ontario and Baltovich spent eight years behind bars for a crime he did not do. Baltovich got a retrial and he was finally released on April 22, 2008. Bain’s murder still remains a mystery, her car was found with a bloodstain on the back seat but her body was never discovered.
Manufacturing Guilt Wrongful Convictions in Canada, follows the theme of the first edition where the authors demonstrate what leads to wrongful conviction. We all know that innocent mistakes happen however, wrongful convictions are usually the result of deliberate actions of those working in the criminal justice system and not unintended errors. By using Canadian cases as miscarriages of justice, the authors argues that understanding wrongful convictions and how to prevent them is incomplete outside the broader societal context in which they occur, particularly regarding racial and social inequality. This book also analyzes how forensic science is used as a resource for prosecutors rather than seeking the truth. What is miscarriage of justice?
Prosecution & Sentencing Issues Wrongful Convictions Mateusz Konieczkowski CRM 420-01 Professor Rivolta 5 May 2015 Central Connecticut State University #1 There has been many times where the tough-on-crime approach has characterized our Criminal Justice System since the early 1980’s. One of these policies is the Sentencing guideline. Many times, when judges following the sentencing polices, they are too soft on the criminals. Some criminals get away with the crime that they have done. Even in the book illustrates how “a second problem was the recognition of racial disparities” (Mays & Ruddel, 2015).
An absurd amount of innocent people in the nation, have fallen victim to a disorganized legal system, and are suffering because of it. Dennis Brown, and James Harden, are two examples of this, and can relate because of it. They’ve been falsely convicted, without DNA evidence, but the truth of the case is finally revealed with their release. Dennis Brown, a black male from Louisiana, has been one of many people that have been wrongfully convicted without proper DNA evidence. First off, he’s been falsely convicted of rape and burglary.
In Randall’s article, she gives a few examples of individuals who have been wrongly convicted, in the first example she says “Kirk L. Odom was wrongfully imprisoned for more than 22 years for a 1981 rape and murder. He completed his prison term in 2003, but it was not until July 2012 that DNA evidence exonerated him of the crimes.” (Randall 1) Randall states the fact that Odom even finished his sentence before the FBI figured out he was innocent, but what good is that if 22 years of his life were taken from him. And a similar case happened, in 1978 Santae A. Tribble was convicted for murder and was not exonerated until 2012.
Famous American cereal killer, John Wayne Gacy, had murdered and raped 33 adolescents, many of whom were teenagers, the justice system made sure this man could never do this again. The public is turning a blind eye to the many contributions the justice system makes, we should look at not only how we can reform, but how it contributes to society The justice system creates many contributions to society, such as the safety it provides for children and their chances of exploitation, the many instances where they convict dangerous individuals therefore creating a safer environment for the present and future of society, and the fact it provides all citizens of the public and private sectors, to have the right to a fair, speedy, and public trial,
Author, Angela Y. Davis, in her book, analyses facts imprisonment in our society as she contrast the history, ideology and mythology of imprisonment between today’s time and the 1900’s, as capital retribution has not been abolished yet. Davis’s purpose of this chapter is to encourage readers to question their assumptions about prison. She adopts sympathetic, but stern tone in order to persuade advocates towards the prison abolishment movement. Davis shifts to her book, in the beginning of chapter 1, she characterizes the output of this immoral system of imprisonment, as she categorizes different stand points of this reform group trying to be made, holding off against imprisonment as she describes them as “Anti-prison”. She appeals to her
The Supreme Court recently began hearing oral arguments in a case, where two men were convicted of bribery by a jury. However, that conviction was overturned by an appeal because the jury had been improperly instructed as to what constitutes a guilty verdict. The attorney for the defense, Lisa Blatt said, “The government should bear the consequences when overlapping charges produce split verdicts of acquittals and invalid convictions.” This quote identifies with one of the fundamental principles of the American legal system, the presumption of innocence until proven guilty beyond reasonable doubt. While Blatt continues to argue that the vacated conviction is worthless.
Although the courts have sometimes recognized a value in consistency,they have nevertheless made it clear that consistency is not a paramount constitutional value in structure of the criminal justice system. The law tolerates inconsistent verdicts.22 The Supreme Court has held that if a single fact finder, whether jury or judge, returns a verdict that is internally inconsistent, the conviction may stand.23 For example, the jury may acquit a defendant of a narcotics offense, but it may convict the defendant of using the telephone to commit that offense. The conviction is inconsistent with the acquittal but will stand despite that inconsistency. Similarly, if either a single fact finder or separate fact finders acquit one defendant of a crime
Eyewitness misinterpretation is the highest contributing factor to wrongful convictions. The majority of the wrongful convictions have been corrected by DNA. Exoneration cases that have involved convictions are based on mistaken identification and/or mistaken or overlooked evidence. While there had been evidence in the book “The Picking Cotton,” of police misconduct/ biased based on race. While prosecutors and law enforcement officials are expected, to be honest, uphold the law, have the best intentions to protect society and act with integrity but the pressure to get the right perpetrator my lead police to act inappropriate, unfair or in an unlawful manner, government misconduct can include withholding or fabricating evidence, suggestive ways
To be committed of a crime the judge or jurors must have enough evidence that there is no other possible explanation, this is referred to as beyond a reasonable doubt. If this is held true, how can someone still be wrongfully convicted? According to Sphohn, Cassia (2014) in 2008 more than 1.6 million United States citizens was imprisoned (p. 5.35). If only .5% of those individuals were innocent that would mean that 8,000 people are wrongfully convicted. That also means there are 8,000 people who are guilty of those crimes free among society.
Convicting the Innocent: Where Criminal Prosecutions Go Wrong In Brandon L. Garrett 's book, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, he makes it very clear how wrongful convictions occur and how these people have spent many years in prison for crimes they never committed. Garrett presents 250 cases of innocent people who were convicted wrongfully because the prosecutors opposed testing the DNA of those convicted. Garrett provided simple statistics such as graphs, percentages, and charts to help the reader understand just how great of an impact this was.
Wrongful convictions are not usually thought of but there is a numerous amount of people that have been wrongly convicted throughout the years. Within the US there is about 2 million people behind bars meaning that 1% or 20,000 people are in for a crime they did not commit. But however, in 2015 only 149 people were cleared of a crime they didn’t not commit. Also, recent studies have said 1 out of 25 people on death row is likely innocent. One good website that has a list and the stories of people that were wrongly convicted is innocence project.
Wrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person.