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Corruption in the police force
Corruption in law Enforcement Introduction
Corruption in the police force
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Wrongful convictions can occur daily all over the world for several reasons. There are many reasons from false statements, police misconduct, false eye witness identification, investigation wrong doings, evidence mishandle and many more issues that force innocent people to be convicted of crimes they never committed. We need to be able to have law officers, eye witness’s whoever is making false statements or identifications or just over looking evidence those individuals need to be punished.
Wrongful convictions are not just something that happens to people there is something that is done to cause them to be convicted; lack of evidence, people misconduct, and false information in general and many times the law officials are the ones behind
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Mr. McCollum and his half-brother (Biesecker) “spent three decades in prison not knowing if they would ever be freed for being wrongfully convicted in 1983 for the rape and killing of a girl”; new DNA evidence shows they did not commit the crime. McCollum states, (Biesecker) “He watched 42 men sit on death row and make their last walk to the nearby death chamber to receive lethal injections, he believed many were innocent, if not for a series of lawsuits that had blocked any executions in the state of North Carolina since 2006, McCollum states he would have been put to death years ago”. (Biesecker) “McCollum expressed his belief that there are still other innocent men on the inside, he is the seventh death row inmate freed in North Carolina since 1976, the year the death penalty was reinstated by the U.S. Supreme Court”. (Biesecker) “McCollum and his half-brother were never near the crime scene or had anything to do with it, but the man that did; lived less than a few miles down the road, and his DNA matched the DNA found on the cigarette butt near the victim”. If not for a new prosecutor and his acknowledgement of McCollum and Brown’s innocence the two would have been put to death for something they had nothing to do
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
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.
One of the first things we need to look at is, what is the due process model? It is a model in which there is the assumption that every effort needs to be done to ensure that an innocent person is not convicted of a crime. It adheres to the belief of strict evidence, which means to show beyond a reasonable doubt that the person actually committed the crime, and the charge meets all of the requirements of the crime. The state in this model is burdened with showing evidence that the person has committed the crime, and the defense has the opportunity to show the evidence in inconclusive. Due to the strict guidelines of admissibility of evidence, and the right’s awarded to presumed innocent people, there end up being many guilty people that get off on a technicality, that should be incarcerated.
The main purpose of this article is to look at the possible link between race and exoneration, and how race and wrongful convictions lead to the exonerations. There were three reasons that the authors chose this topic to research. The first reason was the research previously done in the field show racial biased in the criminal justice system. This paper looks at how that effects wrongful conviction and the subsequent exoneration. The second reason is because if there is an innocent person in prison that means that the real culprit is still out there, and more than likely committing more crimes. The third reason is racial composition of the dyad, victim and the perpetrator. This article is the first to mention the dyad and the authors focus on that in their discussion of wrongful conviction. This article is a very insightful look at the problem of the racial bias in the system that leads to wrongful conviction and how that leads to exoneration. It effectively explains the causes of wrongful convictions and how race affects those causes, especially how the dyad is incorporated in it.
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.
The aspect of wrongful conviction is established within law to protect the innocent from being abused by the law. Nevertheless, the real issue of concern is the fact of whether wrongful conviction actually helps those who cannot help themselves. With that said, another important underlying factor is whether the criminal justice system has restrictions set up to help those from being innocently convicted and those who have been convicted and later was found to be innocent. By looking at the case of Guy Paul Morin, one will see how the police, courts, and criminal justice system failed in aiding the innocent and bringing justice in society, as well as showing that the system has failed in helping its people, and what must be done to aid those who have been wrongfully convicted.
Carcasses attract scavengers. The Guilty Party by O. Henry showcases the untimely death of a girl of twelve, Liz. Above Chrystie Street on the east side, a strange bird stalks the children of the playground. Although people say it’s a stork, locals call it a vulture. In this case, Liz is the carcass that the vulture sets its eyes on.
In 1992, Cameron Todd Willingham was convicted of arson murder, where a fire that was presumably started by him, killed his three children, and in 2004 he was put to death. Later, the Texas Forensic Science Commission, established in 2005, found that none of the evidence used while prosecuting Mr. Willingham was valid, and that the fire was in fact, accidental. Unfortunately, many cases like this have occurred in our nation’s history, where human error was to blame for convicting an innocent person. The American Justice system will only be as accurate as the science and technology that we have in place to remove human error during the process. The movie The Wrong Man is a perfect example of human error in the justice system convicting an innocent
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
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.
Eyewitness Error: 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).
There are major problems with our criminal justice system. In the last one hundred years, there have been more than 75 documented cases of wrongful conviction of criminal homicide. According to a 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. For this very reason, the State of Illinois imposed a moratorium on the state?s death penalty in 2000 when it was discovered that 13 inmates on its Death Row were wrongly convicted. Anthony Porter, one of the 13, spent 15 years on Death Row and was within two days of being executed, before a group of Northwestern journalism students uncovered evidence that was used to prove his innocence.
In criminal law the principle, presumed innocent until proven guilty is sometimes twisted and altered to presumed guilty until proven innocent in many wrongful conviction cases. Many factors go into the deliberation and reasoning behind an investigators, juries and courts verdict and occasionally their decision is actually wrong and an innocent person is locked up behind bars, to serve a sentence that they do not deserve because they are not a criminal. False confessions from an innocent suspect is very common in the interrogation room and by it is their own fault because they admit to being a part a crime they truthfully were not part of due to misleading questions or statements by the investigators. Another factor that could place an innocent person in prison is wrong scientific discoveries and false DNA evidence. Doctors sometimes misinterpret injuries and causes of death and this can really alter a case's outcome significantly. Finally, witnesses may report false sightings, or report something that they thought they heard but misinterpreted it entirely. More laws should be put into place to protect the innocent suspects, and to insure that nobody goes to prison that really does not deserve it and more citizens should be trained to accurately give a description of a suspect to decrease the wrongful conviction rate.
There are several areas where reforms can help prevent wrongful convictions of the innocent people in the future. Most law enforcement agencies still use the same methods they have used since the last two-decade. Research has shown that eyewitness identification, risk is reduced significantly, if the officer who is doing lineup is unaware of the suspect. Also, when the victim viewing the photos of the suspect should be told that his suspect might not be in the pictures, or lineup so the investigation will continue. Another way we can take a step forward in reforming is by recording interrogations. Recording interrogations can prevent police from putting pressure on suspects to get a confession. Interrogations should also be limited to one hour especially for teenagers because false confession is often done, when the interrogations last for hours. Police in United Kingdom, Poland and Canada are not allowed to force suspects or lie to get them to confess. This law should also apply over here in the United States even though the Supreme Court states that lies do not violate constitutional rights. All laboratories should have their examiners certified which will results in DNA test being
If Mr. Smith is found Guilty only of II.B.5.a: The gravity of Mr. Smith’s offense is low for this case. Mr. Smith did not intentionally leave his phone during the exam, nor did he use it during the exam. While he did violate the procedures of the exam administration, the Defense wishes to point out that he did not do so intentionally. His intent was not to gain an unfair advantage over the other students in the PYSC 101 taking that exam. The weight of the final exam, 30%, is less than the combined weight of the two prior midterms (45%) that he had done well on before (Evidence B-3). Additionally, Mr. Smith has had no priors with the Honor System.