...Canada has had its share of victims of miscarriages of justice in the past fifty years. In the Oxford dictionary, miscarriage of justice is defined as, “a failure of a court or judicial system to attain the ends of justice, especially one which results in the conviction of an innocent person.” (Oxford Dictionary). Currently in Canada, there is no legal obligation to compensate the victims of wrongful conviction. (“Entitlement to Compensation”). This is something that needs to change. Canada should compensate the victims of wrongful conviction with money based on however many years they spent waiting for trial, as well as the time they spent in jail. These victims need to be compensated because these convictions can ruin their reputation and...
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...02/23/2024 Wrongful convictions affect everyone involved. According to the National Institute of Justice, being wrongfully convicted means that “the person convicted is factually innocent of the charges” (Wrongful Convictions, n.d.). They have been around since the beginning of the criminal justice system, and the numbers continue to grow. Eyewitness misidentification, false confessions, and flawed forensic evidence are the leading causes of wrongful convictions, which result in detrimental consequences for those involved. The purpose of this report is to analyze the main causes of wrongful convictions and to propose potential solutions. DISCUSSION OF FINDINGS Problem Defined Wrongful Convictions are when the person convicted of a crime is...
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...system to provide safety and to ensure that criminals are put in their place so justice can be served. However, there have been many cases where the justice system has failed to put the correct person in jail. Wrongful convictions occur when an innocent person is arrested and charged with a criminal act. “Two thirds of all wrongful convictions are related either to rape or assault” (Ramsey, 2007). The case of Guy Paul Morin is an ideal example of wrongful convictions. This paper will first address the case of Guy Paul Morin, showing where the justice system went wrong. Later, lead on to the ways this problem can be solved and remedies that should be available to people who have become a victim of wrongful convictions. The case of Guy Paul Morin occurred between the 1980’s and the 1990’s. “Morin was accused with the rape and murder of his eight year old neighbour, Christine Jessop, and was convicted in 1992 in Ontario ” (Kaufman, 2001). “He was charged due to the evidence of hair and fibre found on the body of the victim” (Denov & Campbell, 2005). This indicated that there was direct contact between the victim, Jessop, and Morin. This is where the whole situation takes a turn. The forensic scientists that were put to investigate made some mistakes that had a huge impact on the case. “They failed to report that the fibre and hair found on Jessop was contaminated” (Macfarlane, 2006). This now creates the possibility that there was no physical contact between Jessop and Morin...
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...handled by humans, it is bound to make mistakes and such errors lead to circumstances in which an innocent is found guilty; this is called a miscarriage of justice. Miscarriage of justice means the failure of a judicial system or court in the administration of justice, especially when an innocent is convicted in a crime (Dictionary.com, 2007). Miscarriage of justice is also known as wrongful conviction. If someone is wrongfully convicted, that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well, public confidence in the system declines when wrongful convictions are identified. There are several elements that cause a miscarriage of justice, such as non-disclosure of evidence by police or prosecution, confirmation bias on the part of investigators, fabrication of evidence, poor identification, and unreliable confessions due to police pressure or psychological instability. They are all considered unjust as they violate the principle of justice. The three major causes for wrongful conviction are false confession, eyewitness error, and official misconduct. When a defendant has confessed to committing a crime, the vast majority of police, prosecutors, and jurors see it as rock-solid evidence of guilt. Many of these involved children or suspects with mental illnesses or mental retardation. Even more cases involve adults with no history of mental illness or retardation who...
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...Snitches get Stitches Name Green River College Eng127: Writing in the Social Sciences Ariadne Rooney October 29, 2015 Snitches get Stitches Direct evidence is type of evidence that gives the jury a direct connection between the suspect and the crime scene, such as an eye witness. Eye witnesses do help convict guilty suspects but there are many instances where testimonies are altered to have a bias in order to receive an incentive or for some reason the testimony is recanted. This kind of incentivized lie is often referred to as a jailhouse informant, or a snitch. The jailhouse informant is used mostly in drug and murder cases and has been one of the largest contributions to a wrongful conviction and most judicial systems do not place proper policy to prevent this manipulation. This essay will highlight the history of the use and abuse of jailhouse informants, laws that prevent the misuse of snitches, and the many sides around the controversial issue. Historical Background As long as eye-witness testimonies have been regarded as a reliable source, they have been potentially unreliable. Rob Warden for The Northwestern University School of Law Center of Wrongful Convictions (2004) states that the history of the snitch dates back to our most rudimentary sense of law, predating the Pilgrims arriving to the New World. Although, the first documented case in the United States isn’t until 1819. This case involved two brothers, Jesse and Stephen Boorn, who were suspects...
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...Witness Misidentification Freddricka Harris CCJ 4360-001 Monekka Munroe Misidentification can be defined as making a falsely or inaccurate identification. Witness can be defined as one who can give a firsthand account of something seen, heard, or experienced. (American Heritage Dictionary) When you put these two words together, you get witness misidentification which has been referred to as the single greatest cause of wrongful convictions nationwide, with nearly 75% of the convictions overturned through DNA testing. There have been 260 exonerations across the country based on forensic DNA testing with 3 out of 4 involving cases of eyewitness misidentification. (Innocence Project 1999) In 1907 or 1908, Hugo Munsterberg published “On the Witness Stand”; he questioned the reliability of eyewitness identification. As recent as 30 or 40 years ago, the Supreme Court acknowledged that eyewitness identification is problematic and can lead to wrongful convictions. The Supreme Court instructed lower courts to determine the validity of eyewitness testimony based on irrelevant factors, like the certainty of the witness, the certainty you express in court during the trial has nothing to do with how certain you feel two days after the event when you pick a photograph out of a set or pick the suspect out of a lineup. It has been said that you become more certain over time. (The Confidential Resource September 15, 2010) An eyewitness viewing a simultaneous lineup...
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...Running Head: AFTER CONVICTION: EXONERATED AFTER CONVICTION: EXONERATED Curtis C. Dix Jr. Prof. George Ackerman CRJ-330 February 19, 2012 Abstract There are many things that have been and will be discussed regarding our justice system and the justice system of other countries. Differently there are varying types of courts all throughout these other countries as well. Similarly, all countries have criminal sanctions, sentencing practices, types’ of punishment, imprisonment, and death penalties. The question I present is what about all those whom have been wrongfully convicted, sentenced and then later on exonerated based upon DNA or whatever evidence available? What about the various countries whom have taken the act in an attempt to exonerate those individuals especially here within the United States? I believe that the wrongly accused deserve to not only be exonerated from their sentence but also compensated for all the time lost due to being wrongfully convicted in the first place. Anyone that has been exonerated should be well provided for due to the simple fact that those whom have been incarcerated may have the tendency to be unprepared meeting the challenges of the world today in some shape or form. Since most topics in criminal justice systems and contrast/comparisons have been spoken of numerous of times and the idea of exonerating individuals is current plus still a fairly new field of study and concern, I will share some accounts, data, and my standpoint on...
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...Thesis Statement: Yes, body cameras should be worn by police officers because they provide accurate accounts of what happens at crime scenes, help civilians trust police officers, and give Americans an idea of what it is like to be behind the gun to more appreciate officers. I. Introduction II. Body cameras provide accurate account III. Body cameras help civilians trust officers IV. Body cameras gives an idea of what it is like behind the gun V. Refutation VI. Conclusion Body Cameras Providing Accountability The shooting of Trayvon Martin has elevated a necessity around the country for police officers to be equipped with body cameras. Yes, it is necessary for police officers to wear these cameras for accountability for oneself and a potential victim. Body cameras can rule out possible suspicions of wrongful deaths or mistreatments, such as racism. Police officers should want to protect themselves and their jobs with this device that records what is actually happening and being said at the crime scene. Yes, body cameras should be worn by police officers because they provide accurate accounts of what happens at crime scenes, helps civilians trust police officers, and gives Americans an idea of what it is like to be behind the gun to more appreciate officers. Body cameras provide an accurate account of what happens at crime scenes. The use of body cameras is a great way to get first hand evidence. The cameras are able to keep track of the evidence and...
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...Since 1973 over 130 people have been released from death row due to wrongful convictions, and that is only the tip of the iceberg. If you take into account; the multiple decades that many innocent people have sat behind bars awaiting their execution and add in the billions of dollars spent above what non-death penalty cases cost, the benefits of abolishing the death penalty outweighs the risk. Most of those, who oppose abolishing the death penalty, also feel there should be much higher standards for those who are eligible for capital punishment, however, there is no way to increase the maximum penalty for someone after they are convicted of a Capital crime. The most plausible way to prevent wrongful death penalty convictions is to abolish the death penalty completely. If we eliminate capital punishment, then we also eliminate the possibility of potentially taking an innocent life, it will also save millions of dollars every year in almost every state that still uses capital punishment, as well as save the many victims of the death penalty. It doesn't only effect those who are accused of the crime but also their; parents, children, spouses, friends ect. The cost of the death penalty is a major reason it should be abolished. The cost begins with the original trial. Jury selection alone can take over a month and there is extensive questioning about views on the death penalty to look for any bias that may become a factor in how they vote after the trial. They will...
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...False Rape Accusations, Societal Impacts, and Legal Solutions Rape, time and time again, have been reported throughout documented human history. From the rape of Lucretius, to the ‘rape’ of Sabine women+ it is not difficult to understand why stringent regulations have been made in regard to prevent the crime. In certain countries, it is even punishable by death. *As a crime against a person, rape brings about horrifying long-term effects to the victim, usually followed by lingering sentiments of guilt and shame. To discuss the notion of falsification might be callous in face of such an atrocious crime, yet to deny the existence of it would be a logical fallacy. Compassion and justice are companions, not choices (1); therefore, we are compelled to analyze and gather information. By doing so, we are not being callous ourselves; instead, we are trying to devise constructive strategies to bring about impartiality and justice. Of the many debates surrounding the crime of rape, many more arise regarding false accusations. In regard to the rape scandals surrounding business leaders in recent years, most notably Dominique Strauss Kahn, this paper aims to address the issue of false rape accusations. More often than not, false rape allegations are portrayed by media outlets as unfounded rape, which is usually not the case. Unfounded rapes represent the circumstances which undermine efforts to arrest or to convict the perpetrator. False rape allegations, however, solely refer to...
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...Jennifer Thompson should have been the perfect eyewitness, unfortunately, there were a couple of faulty system variables at play which leads to falsely identifying Ronald Cotton as her rapist and subsequently leading to his wrongful conviction. While the way a witness views a crime cannot be controlled, there are measures that can be taken to improve system variables. System variables are variables in which the legal system has control over (Costanzo & Krauss, 2015, p. 144). For example, the way the investigative interview is conducted can be improved and suggestive and/or leading comments can be reduced. Another element to take into consideration when an eyewitness is identifying the culprit is witness confidence. Furthermore, the way lineups...
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...the different kind of judgment that people receive based on their race, gender and class, the criminal justice system spends more money on criminals instead of improving technology for the police apprehending them, the criminal justice system lacks of sentencing disparity, reliance on eyewitness and modern technology can lead to conviction of innocent citizen, and finally the rehabilitation model which is set up to educate criminals and eventually let them free because of the belief that they are changed people and have been rehabilitated. According to the definition from the text “Criminology”, the term criminal justice system refers to “the components of government charged with enforcing law, adjudicating criminals, and correcting criminal conduct” (Siegel, 2009, p. 558). According to Siegel, the criminal justice system is essentially “an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright” (Siegel, 2009, p.558). Therefore, the essence of criminal justice system is “maintaining social control, protecting the public, preventing crime, preserving order, enforcing the law, identifying transgressors, bringing the guilty to justice, treating criminal behavior, and administering justice in a fair and even-handed manner” (Siegel, 2009, p. 556)....
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...(Genome Project). Many of today’s advances in DNA and biotechnology allow scientists and medical doctors to potentially cure genetic disorders through gene therapy by inserting, deleting or manipulating genes (Tillery, page 686). Another use of DNA technology is the creation of mutation by transferring DNA from one organism to another through techniques like cloning and introducing new DNA sequence into an organism to alter their genetic makeup (Tillery, page 683). Other uses of DNA technology is genetic fingerprinting which makes possible to show the nucleotide sequence differences between individuals since no two people have the same nucleotide sequences. (Tillery, page 688) DNA in forensic science I would like to focus on the impact that DNA technology had on the field of forensic science and how the...
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...identification. The DNA technology is behind what it takes in solving criminal cases, and the meaning between guilty and not guilty or life or death. There are various ways that the criminal justice system uses DNA technology. DNA has been used to analyze and prove innocence or guilty of suspects of crimes with great accuracy. DNA is part of everyday life. IT is the heredity material in humans abs almost all other organisms. In 1994, the DNA Identification Act established a national DNA database, run by the FBI, called CODIS (Combined DNA Identification System), which links all states. While the creation of DNA databases often can be defended case by case, the development of this technology serves an end in itself apart from any particular application. It provides an inescapable means of identification, categorization, and profiling, and it does so with a type of information that is revelatory in a way few things are. While being part of an investigation, DNA has help solve crimes. The DNA evidence is gathered at the crime scene such as blood, sweat, semen, etc. There is a couple of ways that DNA left behind can be tested to help solve crimes. Either if the suspect has been caught and or had his or her DNA tested, or if he or she left behind any biological...
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...International University ABSTRACT The “weapon focus effect” (WFE), states that a witness of a crime remembers fewer details about the perpetrator’s appearance when the perpetrator has a gun. To date, there are no studies of older adults and the WFE. The present study measures the WFE in older adults (60-70) compared to young adults (20-40) and children (8-12). The study consisted of 180 participants, randomly selected to watch one of three videos. The three videos were the same, with the exception of an object being manipulated. Conclusions were based on how much detail participants were able to recall about the target. Older adults remembered fewer details about the target’s appearance than children and young adults. The results suggest that older adults would take longer focusing on an object that is out of context, therefore, not focusing on the perpetrator, resulting in fewer details remembered. Eyewitness and the Weapon Focus Effect in children compared to the elderly Many people have been convicted of crimes that they did not commit. Eyewitness testimony is one of the major causes for these wrong convictions. At least 75% of wrongful convictions are the result of inaccurate eyewitness identification (Innocent Project, 2009). Before the public became aware of the large amount of wrongful convictions, psychology researchers were already aware of the problem of memory and eyewitness testimony (Douglas, & Steblay, 2006)....
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