Wrongful Convictions
Author: Balko, Radley After carefully reading the article “Wrongful Convictions” by Radley Balko (Reason. Jul2011, Vol. 43 Issue 3, p20-33 14p.) I have learned how our technology has advanced greatly in the last 2 decades as far as DNA testing and Forensic Science is concerned. Though still suggests all possible mistakes and errors made in a wrongful conviction case. This article has also shed light on the ignorance and indolence of our government and all other parties involved in these wrongly convicted cases such as our law enforcement, members of the bar, judges, forensic analysts, and many more. As well as pointing out the trials and tribulations of the wrongly convicted from the first initial interrogation to the conviction and then on to what may or may not lead to their cases being overturned and those accused of being “guilty” proven innocent and being set free. Their main example used in this article pertaining to the wrongfully convicted cases in the United States was a man named Paul House. The first exoneration took place in 1989 thanks to the advancement of DNA testing. Since then 268 convicts have been exonerated and set free. On average most of those had already served 13 years in prison as well as waiting on death row. It has been found that 17 convicts that have already been sentenced to death were wrongfully convicted. Now since the onset of DNA testing in the year 2000 it has added great pressure for those awaiting the death penalty to have their cases reopened but unfortunately is not a simple task and is more often than not frowned upon and denied by the courts due to insufficient funding, timing and resources. The advocacy group the Innocence Project provides legal aid and funds to those who believe they were wrongfully convicted and have been granted a new trial. The advancement of the DNA testing is mainly used in murder and rape cases which more times than not come hand in hand. As Balko states” DNA technology was developed by scientists and has thoroughly been peer-reviewed by other scientists.” When it comes to other forms of evidence most have been invented and tested in police stations and crime labs where no peer-reviewing takes place and this is where many cases have fallen into wrongful conviction. There are many factors that take place when it comes to the trial and conviction of these cases and they tend to fall subject to our corrupt government as well as the law enforcement officials, members of bar, down to the witnesses and their testimonies as well as false confessions from convicts whom took lawyers legal advice. According to the Innocence Project over half of the exonerated cases had fallen subject to flawed or fraudulent evidence. Examples given consisted of mishandled evidence, prosecution misconduct, bad science, tunnel vision, DNA testing, coerced eyewitness testimony, false confessions, and fail house informants. All of these including many other circumstances which can lead to a wrongful conviction. Paul House was convicted for the murder of Carolyn Muncey of Tennessee in the year 1986. He had previously served a 5 year sentence for sexual assault which naturally made him a suspect in this new case. It was said by his mother Joyce House that this was a “he said/she said case and her son Paul House pleaded guilty on the advice of his attorney.” Many roles played a factor in this case. He lied during his first interrogation then later recanted his story. It was said the strongest evidence used in the conviction was the semen and blood found on Muncey. In 1986 DNA testing did not exist. Along with eye witness testimony who said the recognized House’s voice. More than a decade later House’s case began to unfold for what it was and new witnesses came forward. Accusations were made and it was said to believe Muncey’s husband was responsible for her death. Finally the time came for DNA testing and over half the evidence was destroyed or “spilled”. It was later decided that the jury heard all the conflicting testimony and more than likely with reasonable doubt he was now found innocent. It would be 3 years later before he was released and now eventually may be approved for conviction for being wrongfully convicted. That is if he lives to see that day. Paul House was diagnosed with MS and needs assistance with the simplest everyday tasks. It was stated by House’s doctor that it was Tennessee prison system to diagnose House when he was in their care. If they had he could have received proper treatment and this terrible disease wouldn’t have taken years off of his life. He now spends his time playing computer games and watching game shows. I enjoyed this article very much and was very intrigued by the facts that were shown pertaining to our corrupt government, officials, and court systems. If I were to write an article on “Wrongful Convictions” I would have done so in a formal persuasive manner. I would have talked less about Paul House but would still given examples pertaining to his story along with examples of others. My article would have captured the attention of “society” and “families” whom suffer from being wrongfully convicted or know someone who has been. I would have addressed what steps need to be taken to begin to change the way our court systems work as far as convicting and deciding whom is innocent or guilty as well as what type of evidence is used. Also what needs to be done about advancing our forensics and analysts when it comes to testing evidence.