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American criminal justice system history
American criminal justice system history
Describe the criminal justice system
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In America we believe in the saying “you are innocent until proven guilty” but we the people are remarkably swift to point our fingers at someone we believe that committed the crime. This habit is frequently displayed within our criminal justice system when a crime is committed we quickly assume it has something to do with the first person we can link the crime to. We tend to naturally feel sympathy for the victim therefore; if the individual accuses one for a crime the jury has no reason not to believe the victim. Society does not bother to care if the individual did not do the crime because as long as someone was caught and accused of the wrongdoing, then we the people can proceed on with our lives knowing we punished someone for the crime …show more content…
feeling as though justice was served. Allegations made by the victim towards the “criminal” make it seem as though that individual is already guilty because he or she is already on trial also not to mention, the terse amount of time inclined to the defendant in order to prove their innocence.
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 …show more content…
institution. First, it is important to not only discuss the credentials of the authors, but a general overview of them in order to understand their purpose for publishing this novel.
Authors Barry Scheck and Peter Neufeld founded the innocence project at a law school in New York City, which has assisted in the exoneration of an astonishing number of innocent individuals. As legal aid lawyers, they blithely engaged in conflicts that implicated
human affairs. When Peter and Barry first met Barry wanted to get Peter fired because of his lack of touch with mass culture and entertainment, with this in mind, they soon settled their differences and left Legal Aid. Shortly following after those events they became partners whom worked together in non accustomed business terms. Barry administered a legal clinic at a law school while Peter had his own private practice, in addition; they worked on cases together as well as trifle with screenplay calligraphy. Barry’s qualifications are quite monumental due to the fact he received high honors at Yale while working on political causes. Peter was a Democratic activist involved in many movements including Young Americans for Freedom; he would persevere in the ideals he believed in. In spite of Barry and Peter’s utterly different characteristics than one another, the chemistry between them were prefect which brought them back together to work for Legal Aid and help in multiple cases which they proved the innocence of people thrown in jail due to the flaws of the justice system. Uniquely, a third author contributed to the book by the name of Jim Dwyer. This individual qualifies as a valid patron to this novel because of his of astonishing accomplishments such as being announced a two time Pulitzer Prize winner for the New York Daily News. A frequent amount of sources are presented by the authors throughout the structure of this book. The sources come from real cases that occurred as well as articles, journals, interviews, books, and magazines. Together with the sources the authors have gathered up to back up their proposition, Author Scheck and Neufeld have indeed participated in a majority of these cases in which they help exonerate innocent people who are convicted criminals. In order to address the crucial importance of this book review, I shall break down my exposition on the novel into two distinctive sections. The first section I will sermonize will target my deliberation towards the contents of work, themes and subjects of the book. Likewise, the theme of the book is clear as the authors diagnose the weakness of our criminal justice system and ratify the effective difference produced by DNA identification techniques. For example the authors present a case where a man by the name of Marion Coakley was sentenced to a fifteen-year sentence with a minimum of five years before he could be granted parole due to the conviction of rape and robbery. After being convicted Coakley stood to give his input, he proclaimed that “I never seen these people before in my life. I never done anybody no harm, and I never done anybody anything” (29). After his statement he had to be dragged out of the courtroom by a crowd of officers because of his behavior which initially made him become psychotic. Author Peter and Barry were one of the select few that represented Coakley after he was wrongfully convicted. In the attempt to prove Coakley’s innocence they would need to collect DNA fingerprints from the victims and Coakley that the detectives never were able to. Through the daily grind of their work on the case they gathered information about the victims that the jury wasn’t told during the trial such as the prosecutor leaking incriminating intelligence to the victims about the defendant. Prosecutors that are displayed through the multiple cases in this book also corrupt the system of justice because they lead the victim to believe that the suspect is guilty due to the untruthful information they give to the victim. Once prints are taken from the crime scene and the individuals involved in the case Coakley’s blood was extracted from his semen to not view what his blood type was but to also view if he was a secretor or a nonsecretor. Coakley blood wasn’t taken until he was convicted which turned out that his blood type did not match the alleged blood type of the rapist. This shocking information could have been the difference of Coakley being incarcerated or free but due to the lack of time given to the defense team as well as lack of effort they were unable to reveal this information until now. Nearly two years of time Coakley served in prison before being exonerated due to the phenomenal performance of DNA fingerprint testing proved that justice had not been served
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.
Curtis McGhee is 17-year-old Black male who lived in Iowa. In 1977, he was charged for the murder of John Schweer who worked as a security guard at a car dealership. Later on in 1978, he was sentenced to life in prison for a murder that he never committed. Later on in 2011, McGhee was exonerated based on the police file and court’s transcript that was found, and which indicated that McGhee was a innocent man behind bars, and he was serving time for a crime that he never took in part of committing. This case of Curtis McGhee raises a question on our criminal justice system and it leads us to confirm that miscarriages of justice do occur, and there should be various reforms that should be made so these miscarriages can be prevented from occurring in the future.
Tyler, Tom R. “Viewing CSI and the Threshold of Guilt: Managing truth and Justice in Reality
This is surprising because the legal system in the United States is “innocent before guilty”. If an innocent man is found guilty then I believe the court should provide their resources to that individual. For example, the United States main form of government is democracy but when the court system makes a fatal error they are not responsible for their own mistakes. Additionally, in the film After Innocence, they focus on questions that ask about human rights and society moral
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
At the end of this article the board poses the questions, “How many more [innocent people] remain on death row today? Can the American people be assured that none will be killed by the state?” This serves to put the thought in reader’s heads that maybe many more people on death row are innocent. Using this device the board hopes that after reading this article people will question their own viewpoints on this issue, consider the repercussions of the death penalty, and perhaps even share the article and start a discussion about it with their friends and
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
The O.J. Simpson trial, as it became known, opened on January 24, 1995 and concluded October 3 the same year. Over the span of the trial, the prosecution team presented 72 witnesses including friends and family of Nicole, friends of O.J., and a 9-1-1 dispatcher. Given the trial’s notable and well-known defendant, those involved in the trial gained lifetime fame. To this day I can still recall the names Judge Lance Ito, Marcia Clark (Deputy District Attorney), and Simpson’s defense counsel, “The Dream Team,” which consisted of a number of high-profile attorneys, most notably Robert Shapiro and Johnnie Cochran. I chose this case because it left a lasting impression in my memory, as well as a lasting impression in our nation’s memory. There have been many high-profile cases over the years, but this case was not predicted to end the way it di...
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
When the victim does not fit the ideal victim attributes which society has familiarised themselves with, it can cause complications and confusion. Experts have noticed there is already a significant presence of victim blaming, especially for cases involving both genders. The fear of being blamed and rejected by the public is prominent in all victims. Victim blaming proclaims the victim also played a role in the crime by allowing the crime to occur through their actions (Kilmartin and Allison, 2017, p.21). Agarin (2014, p.173) underlines the problem of victim blaming is due to the mass of social problems and misconceptions within society. The offender can have “an edge in court of public opinion” if victim blaming exists, resulting in the prevention of the case accomplishing an effective deduction in court (Humphries, 2009, p.27). Thus, victims will become more reluctant to report offences because of their decrease in trust in the police and criminal justice system, leading to the dark figure of
In other words, “Four percent of defendants sentenced to death are innocent” and “If all innocent people who were given death sentences [were] to be cleared of their offenses, the exoneration rate would rise from the actual rate of those released – 1.6% – to at least 4.1%” (Pilkington). Often times in death penalty trials, prosecutors withhold exculpatory information or include false testimonies and unreliable witnesses in order to comply with the public's desire to blame a scapegoat in a timely matter. America’s legal system lacks the ability to function flawlessly on all accounts. Every defendant and every case differentiates in such large extremes that it is impossible for one system of death to justly exist, especially with the state governments abusing their judicial
The system has gone as deep as to making it so that even if a person has not committed a crime, but is being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years for a crime they didn’t do?” (Quigley 2). The criminal justice system has scared the majority of the population into believing that even though they did not commit a crime, they are convicted of it.
When a person is accused of being "guilty", society must assume the person is innocen...
Pennington, Ken. "Innocent Until Proven Guilty: The Origins of a Legal Maxim." Maxwell School of Citizenship and Public Affairs. Syracuse University, n.d. Web. 05 Jan. 2014. .
...sults show that in most cases, innocent people are harmed and convicted for no truthful reason at all.