causes of wrongful conviction
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Causes of Wrongful Causes of Wrongful ConvictionsConvictions
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University of Phoenix CJA224University of Phoenix CJA224
IntroductionIntroduction
In this presentation we will be discussing the topic: In this presentation we will be discussing the topic: Causes of wrongful convictionCauses of wrongful conviction
Supported Facts and Previous CasesSupported Facts and Previous Cases Certain StatisticsCertain Statistics Numerous ExamplesNumerous Examples Including ImagesIncluding Images ReferencesReferences
Causes of wrongful Causes of wrongful convictionconviction
In today’s society, countless ofIn today’s society, countless of
people have been introduced to the people have been introduced to the
justice system do to committing justice system do to committing
major and minor crimes. For major and minor crimes. For
instance; murder or parking tickets. instance; murder or parking tickets. However, the United States However, the United States
justice system is not always justice system is not always
accurate, when it comes to some ofaccurate, when it comes to some of
these cases. To be realistic this is these cases. To be realistic this is
what causes chaos in the system what causes chaos in the system
and in society. Citizens being and in society. Citizens being
proven guilty, when he or she is proven guilty, when he or she is
innocent. innocent.
The Innocence Movement
n 1992, Barry Scheck and Peter Newfeld formed the first Innocence Project. The Innocence Movement are passionate and driven people that are concerned over the wrongful convictions of people. This movement has rouse people in action all around the world to try and achieve success in reforming the criminal justice system. Their main mission is to help exonerate people who have been wrongfully convicted. These organizations have been working in this movement and captivating the public through the following:
- Newspapers- Film documentaries- Televisions- Internet
The Innocence Movement handles all types of wrongfully convicted cases, whether they are DNA case or non-DNA cases. DNA cases are only 10 to 12 % of serious felony cases. There are many people who are wrongfully convicted due to:
- Misidentification- False Confessions- Prosecutorial Misconduct- Incentivized Witnessing- Rogue Law Enforcement Officer- Junk Science- Bad Lawyering
The utmost cause of wrongful convictions nationally are from the eyewitness’ falsely indentifing criminals (Siegel. Shamalleger, and Worall, 2011).
Intimidation
Duress
Mental impairment
Lack of Knowledge in laws and rights
Fear of violence
Misunderstanding of circumstances
Diminished capabilities
Imposition of harm
Risks or worries of a harsh sentence
Exonerations arise through four revenues:
U.S. state official allots a pardon basis of new evidence proving innocence Courts dismiss charges following newly found evidence In a retrial exoneration is validate Recognition of innocence continues after ones’ death
How has DNA assisted in wrongful convictions
There are three main ways in which DNA analysis is used in criminal investigations:
● (1) DNA deposited on a victim or at a crime scene is compared with a DNA sample taken from a person suspected of some involvement in the crime.
● (2) If there are no suspects, DNA deposited on a victim or crime scene can be compared with a DNA database containing DNA profiles of convicted offenders. A match generated through this process is known as a ‘cold hit'.
● (3) If there are no suspects, DNA deposited on a victim or crime scene can be compared with the DNA samples volunteered by all members of a locality (ie a mass screening, as occurred in the NSW town of Wee Waa in 2000).
Contemporary ExamplesContemporary Examples
As science and technology evolve, individuals throughout the country are being released from prison
due to DNA testing after years of incarceration. Often, investigation of original trials that led to the
wrongful incarceration reveal impropriety in physical evidence collection, laboratory procedures followed
and/or reporting of test results.
Zellner, 2012
Technology evolvingTechnology evolving
Chart of TrialsChart of Trials
Exonerations reveal the most frequent errors in wrongfully convicting individuals include:
Incorrect eyewitness identification Defective forensic evidence Untrue confessions Informant testimony Ineffective assistance of counsel Overzealous prosecutor Judicial bias
Wrongful Convictions and ExonerationsWrongful Convictions and Exonerations