Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Exploratory essay on the factors of wrongful convictions
Wrongful convictions law and justice
Wrongful convictions law and justice
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The Innocence Project, using DNA evidence, has gone back to past cases and exonerated innocent people when they were wrongly convicted. There may be many reasons that several people are wrongly convicted every year. However, there are 6 reasons deemed as the most important regarding wrongful convictions. These reasons are eyewitness misidentification, unvalidated or improper forensic science, false confessions or admissions, government misconduct, informants or snitches, and bad lawyering (understand the causes).
Eyewitness misidentification is the most common cause of wrongful convictions in the United States, having a factor in almost 75% of wrongful convictions overturned by DNA testing (understand the causes). Some common causes of misidentification include knowledge of a different potential suspect, making a selection because the eyewitness thought the subject looked somewhat similar to the actual suspect, or the eyewitness was placed in poor conditions to make an identification (understand the causes). Two important variables that affect this decision are estimator variables, which cannot be controlled by the criminal justice system such as race or presence of weapons, and system variables, which can be controlled the criminal justice system, like fillers in a lineup or the instructions given to an eyewitness (understand the causes).
Along with eyewitness identification, unreliable forensic science has been the cause of around 50% of wrongful convictions overturned by DNA testing (understand the causes). There are three factors that lead to unreliable or improper forensic science. They are the absence of scientific standards, improper forensic testimony, and forensic misconduct (understand the causes). The absence ...
... middle of paper ...
...dent by trial that Matthews was the victim (Travis Hayes). A confidence statement signed at the initial procedure would have shown that the eyewitness had the same misgivings about the description of the suspect matching Matthews that his lawyers had during the trial.
Any of these reforms, if they had been done during Hayes’s and Matthews’s cases, could have prevented their wrongful convictions concerning the murder. Between interrogation reform and eyewitness reform, any change in the direction of validating what actually occurred or making sure information was presented in an unbiased manner would have shown great differences in what happened to these two men. These two individuals, wrongly convicted due to two of the six main faults in the process, are now part of 16 exonerated cases from the Innocence project that involved two people accused of a single crime.
Debated as one of the most misrepresented cases in American legal history, Dr. Jeffrey MacDonald still fights for innocence. Contrary to infallible evidence, prosecution intentionally withheld crucial information aiding MacDonald’s alibi. Such ratification included proof of an outside attack that would have played a major role in Jeffrey’s case.
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
“The number of wrongly convicted persons cannot be known with certainty, because no federal or state agency keeps track of exonerations, let alone wrongful convictions (Criminal Justice, p.1).” Wrongful convictions occur when an innocent person is found guilty. Our justice system tries to reveal the truth but not always in the best way. Wrongful convictions will most likely to happen because of how our justice system deals with cases. Our Justice System gets innocent people to confess to the wrongdoings that they have not committed. They also use jailhouse informants to fabricate a story that can convict the accused. Tunnel vision is also a big part of why people are getting wrongfully convicted. The injustice of being convicted for a crime
This paper will consider eye witness testimony and its place in convicting accused criminals. Psychology online (2013) defines “eye witness testimony” as a statement from a person who has witnessed a crime, and is capable of communicating what they have seen, to a court of law under oath. Eye witness testimonies are used to convict accused criminals due to the first hand nature of the eye witnesses’ observations. There are however many faults within this system of identification. Characteristics of the crime is the first issue that will be discussed in this paper, and the flaws that have been identified. The second issue to be discussed will be the stress impact and the inability to correctly identify the accused in a violent or weapon focused crime. The third issue to be discussed is inter racial identification and the problems faced when this becomes a prominent issue. The fourth issue will be time lapse, meaning, the time between the crime and the eye witness making a statement and how the memory can be misconstrued in this time frame. To follow this will be the issue of how much trust jurors-who have no legal training-put on to the eye witness testimony, which may be faltered. This paper references the works of primarily Wells and Olsen (2003) and Rodin (1987) and Schmechel et al. (2006) it will be argued that eye witness testimony is not always accurate, due to many features; inter racial identification, characteristics of the crime, response latency, and line up procedures therefore this paper will confirm that eyewitness testimonies should not be utilised in the criminal ju...
The court must find more evidence and not to depend on eyewitness testimony and to look for the best people as possible. Besides, there more evidence that DNA testing. Eyewitness must be proven in order to arrest the right suspect and question the suspect to get more evidence in steady of keeping in prison for false witness. The police for tracking everywhere the suspect went and people the suspect contact with that time. It will solve the problem by asking the eyewitness question and the suspect questions to see if both things they said
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
During the identification and prosecution of a suspect, eyewitnesses are the most important. Eyewitness testimony needs to be reliable as it can have serious implications to the perceived guilt or innocence of a defendant. Unfortunately, the reliability of eyewitness testimony is questionable because there is a high number of eyewitness misidentification. Rattner (1988) studied 205 cases and concluded that eyewitness misidentification was the factor most often associated with wrongful conviction (52%). Eyewitness testimony can be affected by many factors. A substantial literature demonstrates own group biases in eyewitness testimony. For example, the own-race bias, in which people are better at recognizing faces of their own race versus another
Another factor associated with wrongful convictions is eyewitness misidentification. The Innocence Project identifies eyewitness misidentification as the single most important factor leading to wrongful convictions. Eyewitness misidentification is often an error due to witnesses being under high pressure, witnesses focusing on the weapon more than the offender, and police procedures when receiving an identification statement from a victim. A study
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
The justice system depends on eyewitness evidence to convict offenders. Eyewitness is a difficult task to achieve in the justice system. According to Wise, Dauphinais, & Safer (2007), in 2002 one million offenders were convicted as felons in America. Out of those one million offenders, 5000 of them were innocent in 2002 (Dauphinais, 2007). The Ohio Criminal Justice survey states that 1 out of 200 felony criminal cases is a wrongful conviction (Dauphinais et al., 2007). According to Dauphinais et al., (2007), Dripps said that eyewitness error is a huge factor in cases of wrong convictions. A study conducted in 1987 indicated that in roughly 80,000 criminal cases, eyewitness error was the only sole evidence against the defendant
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
However, eyewitness testimony can play a beneficial part in the criminal justice system if factors such as police procedures are controlled under the strict guidelines. It should be kept in mind though, that even if all the social aspects mentioned are completely controlled, there still remains the possibility that errors will continue to occur due to memory recall errors, and overly emotional witnesses who simply wish to see someone punished for their crimes. But regardless of this fact, there would undoubtedly be a remarkable recovery from the present 45% wrongful conviction rate as displayed within many studies.
Other causes of wrongful convictions. Besides eyewitness misidentification and false testimony, there are two other major causes of wrongful convictions: improper science and informants. The problem with scientific evidence is that it is not always reliable; even scientific techniques that have been subjected to more empirically rigorous testing can be faulty if presented in the wrong way.
Each laboratory has its own standard and guidelines rather than having uniformity across the industry. This allows one forensic labs results to be different to another’s based on their own individual practices. The standards and guidelines for the checking of forensic laboratories varies from state to state and the inspection is peer assessed. This is a problem as the auditing of the labs may be subject to bias rather than using an independent authority. Lab test guidelines might not result in all evidence having to be reported. For example, the Waring case in Western Australia, where a young man was charged with rape because the lab failed to report that more than Waring’s DNA was found in the victim’s rape kit. According to this lab’s approved guidelines – low levels of DNA below a certain point found, do not have to be reported (7). The issue of what standard was being used was not evident in this case. If the guidelines had required the forensic scientist to reveal even the very low samples of a second male’s DNA, the jury may not have convicted an innocent person (8). When the professionals get it wrong, and they do, their authority and their power alters the lives of innocent people. Pressure can be placed on forensic scientists and technicians. So when something doesn’t fit with what has been predicted, it has been known that tampering of evidence can occur. Forensic science requires
U.S. Department of Justice. (2010, August). Office of the Inspector General. In Review of the Federal Bureau of Investigation Laboratory’s Forensic DNA Case Backlog. Retrieved from http://www.justice.gov/oig/reports/FBI/a1039.pdf