Wrongful convictions Every year, hundreds of people get convicted wrongly as a result of criminal proceedings that are rooted in miscarriage of justice. The defendants are convicted for crimes not committed where errors are not proven until their death or having served a lot of jail time. Wrongful convictions are fueled by false witnesses, incompetence of defense lawyers and inadequate evidence among others. However, with the emergence of forensic DNA in collection of evidence, the rate of wrongful convictions has decreased in the past few years. This paper focuses on the fallibilities that lead to miscarriage of justice and what role technology has played in correcting and mitigating the previously erroneous judicial system. Introduction Many people continue to languish in jails all over the word while others have since faced capital punishment as a result of wrongful convictions. It is from this premise that innovation through DNA analysis has come to provide the much needed relief in correcting these errors. While there are many factors related to wrongful convictions, miscarriage of justice stands as the main culprit with many of these cases being faced with lack of conclusive or efficient investigations. There are several factors that come out as the main factors in contributing to miscarriage of justice such as false confessions, eyewitness misidentification, outdated evidence collection methods, snitches, incompetent lawyers and government misconduct among others.
With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong
This research report researched hundreds of cases where post-conviction DNA was used in cases of exoneration. This researched preformed different tests on available physical evidence. This research report is full of data and case studies to be compared to.
The Innocence Project was established in the wake of a landmark study by the United States Department of Justice and the United States Senate with help from the Benjamin N. Cardozo School of Law (Schneider, 2013). This study found that there were numerous reasons why people are wrongfully convicted including, but not limited to eye witness identification, perjured testimony, improper forensic science techniques, and government misconduct (Roberts & Weathered, 2009) The original Innocence Project was founded twenty two (22) years ago as a part of the Cardoza School of Law of Yeshiva University in New York City, New York (Davis, 2012). The Innocence Projects primary goal is to exonerate those whom have been convicted of a crime when there is DNA evidence available to be tested or re-tested (Mitchell, 2011). DNA testing has been possible in five (5) percent to ten (10) percent of cases since 1992 (Risinger, 2007). On the other side, other members of the Innocence Project help to exonerate those have been convicted of a crime where there is no DNA evidence to test. A goal of the Innocence Project is to conduct research on the reasons for wrongful convictions, how to fix the criminal justice system, as well as advocate for those who have been wrongfully convicted (Steiker & Steiker, 2005). The members of this organization strive to teach the world about the dangers of wrongful convictions. To date, this non-profit legal organization, has freed three hundred eighteen (318)
In the year of 1996 the 250th person to be freed by DNA testing since the year of 1992. Those 250 “ex-convicts” served a total of 3160 years between them all. Which still leaves the conspicuous question… How many innocent people are still incarcerated? In today’s society, there are many false convictions to all sex, gender. The Innocence Project was designed to assist wrongly convicted individuals. This paper attempts to identify how many cases with organization adopts per year and determine the accuracy rate of cases tried within the criminal justice system.
Since 1989, 300 convictions have been overturned as a result of DNA evidence, and 17 people have been sent to death row after being wrongfully convicted. The main legal justification for people being exonerated is DNA evidence, which has been growing in use and technologically advancing in the past few years. Canada has had many cases of people being wrongfully
DNA testing is a critical and accurate tool in linking accused and even convicted criminals for crimes, and should be widely used to assess guilt or innocence before jail sentences are imposed. It was started up by scientists Francis C. Crick and James D, Watson in 1953 as they had described the uses, structures and purpose of the DNA “deoxyribonucleic acid” genetic fingerprint that contains organism information about an individual (testing
It has been reported that millions of crimes is committed in the United States of America which violates and harms the individual rights, properties, and freedoms that are not only guaranteed to American citizens of this country. It has been highlighted that justice is dealt with according to the crimes committed based on the findings and principles of our country, which derived from the Constitution of the United States. While it has been argued justice may not always be fair due to certain rights given to those who may be charged with crime sometimes an error is made. A simple mistake, a missing or broken link in the chain that represents the investigation and trial processes causes an innocent bystander to become caught up in an investigation. More importantly, in many cases can result in a wrongful conviction. This error can rise from many forms like a mistaken eyewitness identification, a false confession, misconduct of the governing authorities, improper forensic investigation, or including staff that neglect to make efforts or unskilled litigation by the defense attorneys. Those whom are affected endure years in prison, deal with lost wages, isolation from friends and family, scrutiny from potential employers, and isolation from their community.
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based
Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).
In addition to undeserved charges, DNA testing has exonerated hundreds of people for crimes in which they were convicted over the past few years. When DNA testing became readily available to the criminal justice system, crucial flaws began to surface. It was realized that people were serving hard-time for felony crimes they didn’t commit.
This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community.
False confessions have been a leading factor in destroying the lives of many innocent people. Since the advances of technology, victims of false confessions have been exonerated from the charges previously placed on them while others are still fighting for innocence or died a criminal. One technological advance that has exonerated many individuals is DNA testing. According to Randy James, DNA testing was discovered in 1985 and was first used in court to convict Tommie Lee Andrews (Time, 2009). Today many Americans are convicted because of false confessions that have not yet been overturned with new evidence (Kassin, 2014). Although DNA testing has led to freedom for many innocent Americans, there are still many innocent people who are locked
There are often mistakes made that falsely determine an individual’s sentence. Sloppy police work and loss of documents are examples of careless errors. There is also some room for error with determining the results of a DNA sample that do not fall under the human error category. Many times there may not be ample DNA samples at a crime scene. Only a fraction of crimes reveal DNA. Drive-by shootings and bombings often do not provide DNA for investigation purposes. “There is a public perception that DNA is the cure-all for these kinds of mistakes. DNA is not the whole answer.” (Dieter, Richard) Eye witnesses cannot solely and accurately determine a person’s fate 100 percent of the time. There are numerous amounts of cases in which those found guilty were indeed later found innocent. Many times, these individuals have already served time in jail. Many argue that the time inmates spend in
Have you ever been grounded or punished by your parent’s for something you honestly didn’t do? Maybe your sibling or friend stole something or hurt someone and the blame and the “horrible” consequences were put on you. No phone, no TV, no friends over, confined to your room. Straight tortures and a feeling of betrayal and dishonesty from everyone around you. Now, imagine being an adult wrongfully accused of a major crime such as an armed robbery or murder, which they didn’t commit, except it isn’t being grounded or their parents they 're worried about, its sitting behind bars, no longer a free citizen, fighting for their freedom with most likely one of the following things happened such as an eyewitness identified the wrong individual, false confessions, Perjury, maybe even forensic science error. Imagine as a child how you felt being grounded in the comfort of our own home. Just picture how an individual would feel wrongfully convicted in a cold, 10x10 box with a cold cot to sleep on! The injustice of being convicted and imprisoned for a crime one did not commit is intuitively apparent. I would take being grounded over a jail cell any day.
Unfortunately, wrongful convictions of innocent people sometimes happen in the criminal justice system. According to a new report from the University of Michigan Law School 's National Registry of Exonerations, 2015 set a record for the number of wrongly convicted Americans who received justice; 149 people who were either declared innocent or cleared of their convictions or guilty pleas. Many of them had already served long prison terms for crimes they did not commit (Mencimer, 2016.)