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Issue with wrongful convictions
Issue with wrongful convictions
Wrongful convictions affecting the criminal justice system
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Dioso-Villa, Rachel., R. Julian, M. Kebbell, L. Weathered, N. Westera. 2016. “Investigation to exoneration: A systemic review of wrongful conviction in Australia” Current Issues in Criminal Justice 28 (2): 157 -172. http://search.informit.com.au.ezp01.library.qut.edu.au/documentSummary;dn=560105560247089;res=IELHSS
Dioso-Villa, Rachel., R. Julian, M. Kebbell, L. Weathered, N. Westera. (2016) construct an informative article regarding the issues associated with wrongful incarceration in Australia. The primary focus of this article is to provide an in-depth explanation of the systemic issues of wrongful conviction, and to explore the financial, social and psychological consequences which arise post-conviction. The authors provide supported explanations as to how and why errors occur, resulting in wrongful convictions. To lower the rate of wrongful convictions and prevent further victims of injustice, this is invaluable to my role in the prisoner support agency. The authors briefly provide a comparison between the risk of error in Australia and other international
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The focus of this study is to document the impact of wrongful convictions, to highlight the specific psychological affects to both the victim and stakeholders associated with the victim experience. Williamson, Stricker, Irazola and Niedzwiecki (2016) expose the significant impact of the incarceration and provide recommendations with intent to prevent the traumatic psychological effects of wrongful convictions. This paper was useful for headlining specific issues which affect the prisoner psychologically and socially, providing crucial understanding on how best to provide the prisoner with affective measures of support in my role within the support
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
Just and equitable legal outcomes to evaluate the case include of many expectations that may be met, the outcome of the case was discovered by fair trial which includes correct punishment theories and procedures, Justice Roslyn Atkinson met these through the trial also making it equitable because the punishment theories were applied to the offender Brett Peter Cowan. Punishment options and procedures in Queensland met the current needs of the society throughout this
Roberts, J. V., & Grossman, M. G. (2012). Why Say Sorry When I Didn't Do It? Remorse and the Dilemma of the Wrongfully Convicted. Criminal Justice in Canada: A Reader Fourth Edition. Toronto, Ontario, Canada: Nelson Education Ltd
From the aforementioned cases, it is evident to see that the Australian legal system has not always been fair and just, however, over time it has been shaped and moulded to clearly represent what is now considered to be fair and just in our society. From the procedures and presumptions of how the legal system is administered to the law and regulations which determine what is the crime and punishment – these are based on the transparency, equality, freedom from bias, human rights, and established set of rules adhere to the justice and fairness of the legal system.
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.
But as will be discussed, there are major flaws in the Australian criminal justice system with issues focussing on three main concerns: (i) lenient sentencing in the criminal justice system particularly with white-collar and blue-collar crimes (i) recidivism and lack of support for offenders (iii) public safety concerns. This essay will examine issues with the Australian prison system, and explore the punishment of shaming and if it is an effective method in preventing general and specific deterrence using sociological frameworks and theories.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
Richard Harding, Roderic Broadhurst, Anne Ferrante, Nini Loh. 1995. Aboriginal Contact with the criminal justice system. Leichardt, NSW: Hawkins Press
were not previously seen, such as hostile or mistrustful attitude towards the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of threat, and estrangement.” Although psychological issues develop in anyone incarcerated, those discussed are particular from the perspective of a victim wrongfully accused. From the moment an innocent individual enters the criminal justice system, they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov, 2004). However, this is just the beginning.
The general public of Australia has a common aspect when associated with their sources of knowledge of crime. Many would agree the media, especially newspapers and television, are their most frequent and well known source of crime activity. The media updates society with data about the extent, frequency and types of crimes committed (Moston and Coventry, 2011, p.53). Studies highlight our grasp of crime is majorly derived from the media, with a lack of exposure to police statistics or victimisation surveys. There is a concern in correlation to this fact since the media has inconsistency and inaccuracy in reporting crime. Due to this, the media can misrepresent victims and perpetrators, downsizing them to recognisable stereotypes (Moston and
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
Wrongful convictions are a growing trend amongst the Criminal Justice system. Justice can never be served completely to the extent of the victim but starting off with a proper conviction is a start. Eyewitness misidentification is one of the main causes for wrongful convictions. We should focus more on identifying victims through reforms and procedures that could help narrow down the perpetrator. Without these solutions there are bound to be consequences. These consequences are posttraumatic stress and the inability to cope to normal society. We need to follow these steps in order to lower the rate of wrongful conviction. I truly believe wrongful conviction can be prevented.
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change.
UK: Willan Publishing Co., Ltd. Verkaik, R. (2006) The Big Question: What are the alternatives to prison, and do they work? The Independent [online] 10 October. Available from: Johnstone, G. and Ness, D. (2007) Handbook of Restorative Justice.