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Exploratory essay on the factors of wrongful convictions
Wrongful convictions in the court system
Wrongful convictions in the court system
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Dream Killer is a documentary that details the proceedings of the wrongful incarceration of Ryan Ferguson, who was sentenced 40 years in prison for the murder of Kent Heitholt (Jenks, 2015). This case is notably one of the oddest in terms of wrongful conviction cases, because when given the facts of the case it seems utterly illogical to convict Ryan Ferguson of the crime. Kent Heitholt was brutally murdered on October 31st, 2001 and sat for two years without any leads (Jenks, 2015). However, two years later Charles Erickson, a former friend of Ryan, had a dream that he had a part in the murder and thus this whole mess was born. From the very beginning proceedings were abnormal (Jenks, 2015). Ferguson’s bail was set at $20 million dollars …show more content…
This case was subject to many errors throughout its duration. One of the largest immediate inaccuracies was that this case didn’t have many of the elements necessary to constitute a crime (Gaines & Miller, 2008). There was no proof of actus reus or mens rea, no concurrence, and the attendant circumstances did not incriminate Ryan Ferguson in any way (Gaines & Miller, 2008). Additionally, during the court proceedings Ferguson was not fully informed of his privilege against self-incrimination, and took the stand without being properly prepared for what was going to occur (Gaines & Miller, 2008). There were also many errors made under the supervision of Detective Kevin Crane, including eyewitness misidentification, false confessions, and law enforcement misconduct during the court proceedings (Gaines & Miller, …show more content…
One example of this was in the eyewitness misidentification committed by Jerry Trump as well as blatant lying on the stand (Gaines & Miller, 2008). Additionally, due to the coercive nature of Detective Crane coupled with Charles Erickson’s mental incapacity led to a false confession on his behalf. Statistically there is no empirical validity in the notion of “repressed memories,” however, this was the basis of Erickson’s confession, a confession which incriminated both himself and Ryan Ferguson (Gaines & Miller, 2008). Lastly, the most prevalent source leading to Ryan’s wrongful conviction was excessive law enforcement misconduct committed primarily by Detective Crane (Gaines & Miller, 2008). Crane had a tendency to use defendants neutral statements and distort them into “confessions” and also used intense fear tactics to manipulate witnesses into saying what he wanted them to say (Jenks, 2015). Crane is a textbook example of what it means to commit prosecutorial misconduct, by exhibiting behaviors such as; improper arguments at trial, using emotional language to rile up the jury, allowing false testimony to stand, and failure to disclose evidence that could favor the accused (Cates,
In the Norfolk Four case, Ford began his interrogatories by a prior assumption that the four suspects were involved in the case. As Chapman (2013) noted, “ the interrogator will use whatever means necessary to elicit a confession, and not only will the suspect confess, but they will form false memories of the crimes they did not commit,” (p.162). Joseph Dick, one of the four suspects in the Norfolk Four case, claimed that due to the harsh interrogatories, he accepted the label put on him and began to believe that he committed the crime. Accordingly, Joseph Dick and the others began telling false narratives of the way they committed the crime. Even though, their narratives contradicted with evidence and facts of the actual murder, Ford proceeded to psychologically abuse the four suspects in order to hear what he wanted to hear.
On May 7th 2000, fifteen year old Brenton Butler was accused of the murder of Mary Ann Stephens, who had been fatally shot in the head while walking down a breezeway of a hotel with her husband. Two and a half hours later, Butler is seen walking a mile away from where the incident occurred, and is picked up by the police because he fit the description of the individual who shot Mary Ann Stephens. However, the only characteristic of the description that Butler featured was the color of his skin. Police then brought Butler to the scene of the crime in order for Mary Ann Stephens’s husband, James Stephens, to confirm whether or not Butler was the individual who had shot his wife. Almost immediately, Stephens identifies Butler as his wife’s killer.
In order to incriminate Danial Williams, Joseph Dick, Eric Wilson, and Derek Tice with the rape and murder of Michelle Moore-Bosko, Detectives Maureen Evans and Robert Ford conducted long, grueling interrogation sessions using many provocative and manipulative tactics. Throughout this process, Ford and Evans coerced the suspects into renegotiating their perception of the crime until an entirely new reality was created. This new reality evolved as the police elicited additional confessionary evidence to account for each new piece of physical evidence from the crime scene. Eventually, in an iterative process that had police editing their theories of the crime and then forcing the suspects to claim this new reality as their own, the reconciled reality of the crime became one that was consistent with both the criminal evidence and the suspects’ new perception. An analysis of empirical m...
In the magic of the mind author Dr. Elizabeth loftus explains how a witness’s perception of an accident or crime is not always correct because people's memories are often imperfect. “Are we aware of our minds distortions of our past experiences? In most cases, the answer is no.” our minds can change the way we remember what we have seen or heard without realizing it uncertain witnesses “often identify the person who best matches recollection
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
Now, it takes a lot of courage for an investigator to stand up and admit a wrongful conviction, especially in a case that he helped to convict. That brings me to think agree with the statement of Chief Justice William H. Rehmquist “the justice system has not yet learned to confront the fact that, even when there are no easily identifiable misstep, it can produce an unjust outcome.” (Clifford 4) It is because of this reason, that manyinnocent people end up in jail. Despite the efforts to get them out, many of them are denied. It took nine years for federal agents to even consider looking into the Edward Garry conviction case. In addition, it took another three years for Garry’s lawyer to get a post-conviction motion, which was denied by a Bronx judge, saying that the new evidence wasn’t credible. And still, Garry has yet to be absolved for this crime that he did not commit despite witnesses testifying on his behalf. This is a really depressing case because of the fact that Garry has become broken. “Garry gives the impression of a man who has been inside literally and figuratively for far too long.” Twenty one years of his innocent life that he may never get back. All because this justice system has failed him as a
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
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.
One of the main factors in wrongful convictions, tunnel vision, has been recognized by psychologist as a human tendency to quickly convict a suspect so that society feels safe. Although tunnel vision is seen as a natural instinct it can convict innocent individuals and weaken the criminal justice system . Jerome Frank, a judge in the United States Circuit Court of Appeals explored the causes of wrongful convictions and noted that in 36 cases tunnel vision was a significant factor in the conviction of innocent individuals. As demonstrated, tunnel vision is a prevalent factor and may affect cases resulting in judges and juries convicting wrong suspects. However, the human tendency towards tunnel vision is a distinctive feature of an individuals psychological characteristics. Psychologist view tunnel vision as the product of cognitive biases. These natural biases explain why tunnel vision is common even amongst respected legal enforcers and honest justice systems. Although tunnel vision is a common natural tendency, it can be altered and lead to the conviction of innocent individuals.In situations when a high profile case is
With the help from F. Lee Bailey, who spent five years appealing the verdict; all the way to the Supreme Court, released Sheppard from prison granting retrial for inherently prejudicial publicity (Rompalske 20). Although Sheppard was found not guilty in 1966, his life had been des...
In Laurence Armand French Ph.D. and Thomas J. Young Ph.D.’s article The False Memory Syndrome: Clinical/Legal Issues for the Prosecution talks about memory recall being an unreliable form of evidence in the Criminal Justice System. French and Young state that hypnosis and lie detector tests are a misconception because “the cognitive interpretations of the emotional/autonomic aspects of the central nervous (CNS) and peripheral nervous systems are not true indicators of reality,” (p. 38).
Criminal Justice: A Reflection on the Wayne Lo Case, 7 Asian AM. L.J. 1 Available at: http://scholarship.law.berkeley.edu/aalj/vol7/iss1/1
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.
...T. M. (1997). Can the jury disregard that information? The use of suspicion to reduce the prejudicial effects of retrial publicity and inadmissible testimony. Personality and Social Psychology Bulletin, 23(11), 1215-1226.
Loftus has focused the bulk of her career on both the psychological and legal aspects of distorted or false memories, and her work demonstrates the facility with which memories and beliefs can be molded. Her findings regarding the strength of eyewitness testimony and repressed traumatic memories have helped change the notion that such testimony is absolutely reliable (Zagorski, N., 2005).”