Wrongful Convictions
Maria Sanchez
In the past years, there have been many innocent people thrown in jail, convicted of serious crimes. In the process of investigating a crime, there is no greater failure in the criminal justice system than a wrongful conviction. It is unimaginable as to how it may feel to serve a majority of their life in a cold, empty cell, for something they did not do. It is unimaginable as to how it may feel fighting for their rights and innocence but nobody out there can stand by their side when all the evidence gathered points at them. In this essay, cases of wrongful conviction, its affect on society and compensations will be discussed.
Canada has had a fair share of wrongful convictions. One example would be the wrongful conviction of David Milgaard. In 1970, the 16-year-old was sentenced to a life imprisonment for the murder of Gail Miller. About 23 years later, DNA evidence formally proved his innocence. Three sections of the Charter were violated in terms of this case. The first section was section 11 which states: "The accused to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal". Difficulties were found in the investigation of this crime, so a reward of $2,000 was implemented for anyone who knew the answers to this case. An individual by the name of Cadrain heard about this reward and immediately reported to the police what happened the night of the murder. Surprisingly enough, he was questioned earlier about the situation but had no given information at that time. The second was section 15 which states: "Every individual is equal before and under the law and has the...
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...ct the crime scene evidence to be compared with existing forensic databases. Finally, support for funding should be implemented to develop a comprehensive catalog of forensic evidence with state-of-the-art-technology. With all these solutions taken into action, a reduction in wrongful conviction is sure to decrease a significant amount.
In conclusion, the justice system should follow procedures accordingly and should avoid making errors from false confessions and forensic evidence. When making a decision, the Charter of Rights and Freedom should first come to mind. The case of David Milgaard and the safety of our society should come as a reminder. Due to many cases, the justice system lacks confidence from us citizens but, if they manage to correctly implement effective solutions to make our home a safer and better place, they would gain that confidence back.
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
If that does not occur to the reader as an issue than factoring in the main problem of the topic where innocent people die because of false accusation will. In addition, this book review will include a brief review of the qualifications of the authors, overview of the subject and the quality of the book, and as well as my own personal thoughts on the book. In the novel Actual Innocence: When Justice Goes Wrong and How to Make It Right authors Barry Scheck, Peter Neufeld, and Jim Dwyer expose the flaws of the criminal justice system through case histories where innocent men were put behind bars and even on death row because of the miscarriages of justice. Initially, the text promotes and galvanizes progressive change in the legal
Among the many differing cases of wrongfully convicted Canadians, the case of Guy Paul Morin is very interesting. There were many issues that caused an innocent man from Queensville, Ontario to be convicted of the murder of Christine Jessop. We’re going to look at how the police failed to conduct a thorough investigation, how the court system failed, and how cases like this can be preventing in the future.
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Although the criminal justice system punishes those who have committed crimes against society, there are still flaws in the system that send innocent people to prison. Actual Innocence by Barry Scheck, Peter Neufeld, and Jim Dwyer, focuses on those problems connected to the incarceration of innocent people, as well as those who have been convicted and were ultimately exonerated. Confessions and racism are two major issues that are described in Actual Innocence that explain how these problems occur in our criminal justice system today and how innocent people are convicted of crimes.
Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct.
There were three main issues behind the wrongful conviction of David Milgaard, each playing their own role in the ruling. Pre-existing views and perceptions of deviance placed Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
A wrongful conviction is the worst thing that a jury, witness, investigator or judge could be responsible for. The burden and the guilt that will be placed on the shoulders of them, knowing an innocent person had to spend time out of their personal life in prison is unbearable. Nobody is perfect, but everybody should try to be as close as possible to perfect when they are putting a person in prison for a crime they are sure they committed. Compensation will help the innocent victim who had to waste time in prison but nothing will replace the time missed away from families and many families turn on and hate the person thrown in jail because they thought they were indeed guilty, little to their knowledge their innocent. Money can sometimes buy happiness, but it cannot replace lost love and wasted time in prison.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Whereas the real picture of forensic evidence is unlike what is represented in movies and television shows where a fingerprint or a trace of hair is found, then it’s game over for the criminal. Reality is not as straightforward. As more people are exposed to the unreal forensic world through television and media the likeliness for a wrong conviction increases with juries assuming the evidence involves more science than what it really does, this is known as the CSI Effect. Further education and training is needed for the people of the court, the forensic specialists, and so called experts. The people in courts do not question any of the ‘professionals’ and just trust in their expertise. The court could overcome this perception by requiring explanation of error rates in a forensic field. To do this, testing examiner error rates will be necessary which means further research. Forensic science has such a large effect on the prosecution of suspects, experts have been known to provide questionable and at times incorrect evidence. When a false conviction occurs the true perpetrator is set free. Once realized, the public doubts the justice system and the reliability of the forensic evidence even more. At this point in time, forensic is an inexact
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Forensic science has now been recognized as an important part of the law enforcement team to help solve crimes and cold cases. The advances in technology are being used each day and we must continue to strive to develop better advances in this field. The recent discovery of using DNA in criminal cases has helped not only positively identify the suspect, but it has helped exonerate hundreds of innocent individuals. “With new advances in police technology and computer science, crime scene investigation and forensic science will only become more precise as we head into the future.” (Roufa, 2017) Forensic science and evidence helps law enforcement officials solve crimes through the collection, preservation and analysis of evidence. By having a mobile crime laboratory, the scene gets processed quicker and more efficiently. Forensic science will only grow in the future to be a benefit for the criminal justice