...Wrongful convictions can be described as a miscarriage of justice or an unfair decision in a court of law or as a conviction of a person accused of a crime which, in the result of a subsequent investigation, proves erroneous. Police misconduct refers to ill-appropriated conduct and illegal action taken by police regarding their official duties or any action performed by a law enforcement officer that is unethical, against established employment guidelines, unconstitutional, or criminal in nature. Official misconduct is more commonly caused by law enforcement officials and prosecutors in a number of ways. The knowledge we have about wrongful convictions and official misconduct comes mainly from studies of cases ending in exonerations. According...
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...Implications: There are many factors that lead to miscarriages of criminal justice. Few wrongful convictions are caused by eyewitness identification, forensic science errors, and false confessions. Mistaken eyewitness identification is the number one cause of wrongful convictions. Eyewitness “was a factor in 72% of post-conviction DNA exoneration cases in the U.S.” (Innocence Project, 2007). Studies show that the human mind does not record or obtain information like a video recorder; it does not keep the information as a short-term memory, but keeps the information in long-term memory. For this reason, witnesses cannot fully recall facial details, especially when they are under stress by the events of the crime. Also, memory is very flexible...
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...In this paper, I will be focusing on the act of racial profiling, which has become quite common in the contemporary society. Racial profiling refers to the practice of using race as the main ground for suspecting individuals of having committed an offense. I will be sharing this article with the history professor in Sunderland University. Racial Profiling Component of Article The article that I will review and is related to this topic on racial profiling is named “Race and Justice: Wrongful Convictions of African American Men” is written by Feagin Joe. Precisely, this article mainly talks about how the African Americans tend to be wrongly convicted due to racial prejudice and discrimination (Feagin, 2013). In order to gather adequate...
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...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...Wrongfully Convictions Introduction: Each year, many people that are innocent are dished out short or long term prison term for crimes that they did not commit. These innocent people have been “wrongfully convicted”. Sometimes these wrongfully convicted charges are unbeknownst to the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how...
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...Ethical Issues Paper 2 There are certain rights that criminal defendants involved in the criminal justice system have. These rights are in place to ensure that criminals are not receiving a punishment that is not conducive to the crime. Sometimes though the justice system fails and innocent people are required to spend time incarcerated for crimes they did not commit, and for extended periods. There are many reasons for wrongful convictions including mistaken eyewitness testimony and suggestive lineups; false confessions; perjury by perpetrators, witnesses, jailhouse snitches, and forensic examiners; “junk science;” sloppy laboratory procedures; “tunnel vision” by police and prosecutors and failures to obtain exculpatory evidence; prosecutor...
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...The public relies on the justice 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...
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...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 tends to make a judgment about which individual in the lineup looks most like the perpetrator relative to the other members of the lineup. This is particularly problematic when a lineup only contains innocent people. Research has shown that the effective use of fillers when composing a lineup can help combat the tendency for the relative...
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...murder trial where life imprisonment is the maximum sentence and the costs related to the capital punishment trial process must be examined. Over the years, studies have assigned a monetary value of putting a criminal to death. However, these studies are more focused on total, not marginal, costs. The costs linked to life imprisonment trials are rarely provided. Therefore, there is no set standard to compare the economic costs of capital cases. In 1976, the United States Supreme Court reinstated the death penalty (Erb 2011). Since that time, research regarding the effects of capital punishment has been increasing as the amount of executions has slowly increased. In studies performed by criminal justice experts, state supreme courts, and state correctional authorities, decency, justice, benefits, and costs of the death penalty have all been examined. However, none of these studies have examined each of these aspects collectively. This paper seeks to examine all of these aspects as well as the economic and formal aspects of capital punishment. Possible Benefits of the Death Penalty Crime deterrence Supporters of capital punishment largely believe that the most substantial benefit is deterrence. It is believed that the potential consequence of receiving a death sentence will deter criminals. If the expected consequence (extensive incarceration or death) is large enough, potential criminals will refrain from committing crimes. If true, the economic benefit of the deterrence premise...
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...Johnny J. Stewart Jr. Strayer University SCI 110 Professor Nina Walker July 21, 2014 ABSTRACT There are many different reasons why the reliability of eyewitness testimony in the United States judicial system today is all but flawed. There is only one way a witness can identify a suspect who has committed a crime, and it is called face to face recognition. Just getting a glimpse, bad weather, and bad lighting can hinder what a person can truly see. There have been several accounts of individuals that have been convicted, imprisoned, and put to death off of flawed testimonies by an eyewitness. In this I will attempt to show you my discussions of several statistics, convictions, exonerations, and key cases that will test the views of anyone when eyewitness testimonies are concerned. Within the past 30 years crimes were committed, and the people who witness these crimes made the cases have different outcomes. It used to be when a crime was committed, and someone came forward saying, “They have witnessed a crime”. History shows us when it comes to a traumatic experience dealing with crimes; the victims are different and as such react in many different ways. Most individuals panic, some are very calm, while others have no reaction whatsoever. The question has been raised about how reliable an eyewitness testimony truly is. Those who follow crime and courts trials know the stories are familiar and unnerving. Here is one case Cornelius Dupree spent 30 years Texas prison due...
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...Reliability of Eyewitness Testimony Eyewitness testimonies have played a major role in many wrongful court convictions. There is a great difficulty faced by many eyewitnesses when identifying perpetrators of crimes. Additionally, existing procedural safeguards are insufficient to put off erroneous convictions caused by eyewitness errors. It is therefore important to have a scientific method that can enhance reliability on eyewitness testimony when making a judgement in a court of law. Based on thirty years of broad scientific study on eyewitness testimony, this article delineates a tripartite solution to eyewitness error. This is necessitated by the fact that criminal justice system mainly relies on eyewitness evidence to convict suspects. Often, eyewitness evidence happens to be the only evidence available and if appropriately handled it can be very reliable. The proposed solution maintains accessibility of eyewitness substantiation, while at the same time providing safeguards to uphold its accuracy and reliability. Court of laws and criminal justice system can rely on eyewitness Testimony. This is the hypothesis that will be tested through research on the internet, books and other relevant sources. The expected outcome of this research paper, it will be easy to tell whether or not jurors can rely on eyewitness testimony. In this tripartite solution, the first component is allowing experts testimonies when the sole or primary evidence against the...
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...Short paper #4 1.) I believe there is only a certain degree of accuracy in eyewitness testimony. According to the Innocence project & eyewitness identification, the single greatest cause of wrongful convictions nationwide is eyewitness misidentification. There were over 70% of convictions overturned through DNA testing. There are so many ways to give unintentional suggestion to false identification, for example, verbal and non-verbal cues, relative judgments, feedback and lineup composition. According to research conducted by Wells, people who were given with positive feedback would have two times higher confidence to pick a suspect when none of the actual suspects were actually in the line-up photo (Wells 2006). 2.) Memory is constructive...
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...October 2001, Enron was accused of overstating their earnings in the last few years in excess of $1 billion dollars (Doost, 2001). At the same time, Arthur Andersen, one of the most reputable auditing firms, was responsible for auditing Enron’s financial statements. The Security Exchange Commission (SEC) ordered Arthur Andersen to provide all relevant Enron documentation and auditing files. Going against Arthur Andersen’s impeccable reputation of honesty, David B. Duncan, the Arthur Andersen partner in charge of the Enron account, had his staff destroy thousands of pages of documents and records related to this case of fraud (Oppel & Eichenwald, 2002). Ultimately, the Supreme Court of the United States overturned Arthur Andersen’s conviction of "knowingly...corruptly persuading another person to withhold or alter documents in an official proceeding" (Wojdacz, 2009). However, Arthur Andersen had imploded and was not able to recover. Founder and His Principles Arthur Andersen was founded December 11, 1913. Arthur Andersen had a reputation of exemplary honesty. Arthur Andersen himself came from an immigrant Norwegian family. He worked for Price Waterhouse. At 23, Andersen became the youngest certified public accountant (CPA) in the state of Illinois by educating himself at night (Marotta & Selman, 2009). At this time, CPAs were trying to establish accounting as a profession. Marotta and Selman (2009) stated Integral to the mythology of Arthur Andersen is the encounter...
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...be from a television show, it is enhanced by mass media and television programs. A trial attorney should go in the courtroom with skills to go against unrealistic expectations. (Dysart, 2012) No other forensic science technique has received as much attention as DNA analysis. To date, DNA has exonerated more than two-hundred people in the United States. These exonerations are a reminder that our system is flawed, and they have shed light on serious problems with the criminal justice system, including forensic science. While many assume that forensic science is a near-perfect tool for discovering the truth in criminal cases, a recent study found that false or misleading forensic expert testimony is a leading contributing factor in wrongful convictions.(Justice...
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...Innocence Project Research Paper Since 1992 The Innocence Project has exonerated 289 people in the United States. To be exonerated of a crime means that a person is acquitted for their crime and released back into society. These wrongful convictions are due to unvalidated or improper forensic science, eyewitness misidentification, and false confessions. In this paper I am going to tell the story of Clarence Elkins and why wrongfully convicting a person is a problem in the United States. It all started on June 6th, 1998 in Summit County, Ohio. Clarence Elkins’ niece was sleeping over at her grandmother’s house, only to be woken in the middle of the night to hearing her grandmother screaming. So his niece ran into the kitchen to see her grandmother being beaten by a man. She ran back into her bedroom to be followed by this man. The niece was sexually assaulted by him. Her next memory was waking up to see her grandmother dead in the kitchen. She then proceeded to run to her neighbor’s house to call the cops. While the cops were on the way the niece proceeded to tell her neighbors that the man she saw last night looked like her uncle Clarence Elkins. Elkins was immediately brought in for questioning and he was the police’s number one suspect. Biological evidence, including hairs, was found at the crime scene and from the victim’s body. Mitochondrial DNA testing was done on pubic hairs from the victim’s bodies. This testing excluded Elkins as a possible contributor...
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