Eyewitness Misidentification And False Testimony

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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.
The National Academy of Sciences (2009) was highly critical of a broad range of forensic disciplines, such as ballistics, hair and fiber analysis, impression evidence, handwriting analysis, and even fingerprint analysis. The academy concluded that there are problems with standardization, reliability, accuracy and error, and the potential for contextual bias. …show more content…

There are three ways in which an exoneree may obtain compensation after their release: tort claims, private bills, or compensation statutes (Mandery et al, 2013). Tort claims, suing the government, are often unsuccessful do to the standards that must be met. A violation to a specific constitutional right must be demonstrated in order for the claim to be valid. As most wrongful convictions take place due to eyewitness misidentification, false confession, faulty science, and informants, usually a constitutional right has not been violated. Even if the exoneree can prove that a constitutional right has been violated, government actors are protected by absolute immunity, for judges and prosecutors, and qualified immunity, for police officers. A private bill is a petition sent to the government asking for compensation while avoiding the immunities set in place for government actors. It is no more successful than tort claims, however. The last form of compensation exonerees may try to pursue is through pre-existing statutes – though only 27 states and the District of Columbia currently have any statutes of this kind. The obstacle with these, however, is meeting the eligibility requirements.
In some states, exonerees may not seek compensation if they somehow contributed to their convictions (by, for example, pleading guilty to the crime or falsely confessing). In other states, only those with official pardons from the government may seek compensation. In still …show more content…

An individual’s quality of life largely depends on how the public perceives them as a person – this may be truer for exonerees than anyone. Reintegration into society has proven difficult due to this stigma due to a host of problems such as psychological disorders and poor social and practical skills (Thompson, Molina, and Levitt, 2012). The theoretical framework these researchers used with consideration to the stigma exonerees suffer was the correspondence bias – meaning that people tend to attribute other peoples’ behavior to their internal disposition rather than a situational occurrence. If someone believes that the conviction was due to personal attributes rather than a situational issue, they are likely to suspect future criminality on the part of the exoneree, even though their prior conviction was absolved. The situational factors – eyewitness misidentification, false testimony, improper forensic science, and unreliable informants – are often forgotten or unknown to the perceiver. The average citizen does not always understand that innocence alone does not always protect a defendant, and the abovementioned situational factors do exist within the legal

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