Official misconduct, a criminal offense that refers to the abuse or violation of power by government officials to incarcerate someone based on improper evidence within the criminal justice system, poses huge threats to fundamental principles of fairness, injustice, and integrity formed by our justice systems. In recent years, a program called “The Innocence Project” has worked hard to expose and rectify cases of wrongfully accused because of official misconduct, all to gain justice for wrongfully accused victims. Abusing authority, and violating people's constitutional rights are the borders that define official misconduct, all factors that cause huge injustice to our rights and freedoms in Canada. Many cases prove that these unlawful officials …show more content…
Morton’s defense attorney officially received the documents proving Morton’s innocence in the prosecution file that had previously been withheld at trial. The Innocence Project then decided to continue supporting this case, as it was clearly proved that severe misconduct had occurred during the course of this investigation. Acting on behalf of Michael Morton, the Texas Supreme Court authorized a Court of Inquiry to determine if Ken Anderson, the chief investigator of Morton’s investigation, had engaged in official misconduct in 1987, the time of the initial investigation. The Court of Inquiry determined there was reasonable suspicion that Mr. Anderson had broken the law, and his oath during Morton’s investigation, by withholding information and evidence from the defense. This resulted in Anderson being accused of criminal contempt and manipulating evidence to hide information that would have been used to defend Morton’s case. Ken Anderson also received ethics charges against him from the State Bar of Texas. In late 2013, Ken Anderson entered a plea to criminal control and agreed to serve a 10 day jail sentence, then resigned from his position as a district court judge and permanently surrendered his law license. Ken Anderson’s sentence was an adequate way of …show more content…
By wrongfully accusing someone of a crime they didn’t commit, you punish them in an extremely impactful way, often altering their life for good, all because of something totally out of their control. As officials are more often than not trustworthy people, committing unlawful acts is extremely unexpected and can cause significant harm due to the unawareness, as well as the power they hold. In the case of Michael Morton, as a result of official misconduct, he wasted 25 years of his life, not only impacting his quality of life, but also the loved ones around him, particularly his son. To ensure Official Misconduct becomes an extremely rare occurrence, we must make officials aware of the extreme consequences and impacts they cause as a result of misconduct, causing them to think twice before performing such a crime. As well as ensuring officials work in a group of 2 or more to ensure all are kept accountable for their actions, and no evidence will be
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
The definition of “corruption” is when an officer uses their position to acquire unprofessional benefits, mainly through bribes (Goldstein, 1977). The abuse of power transpires in three separate fields, psychological, physical, and legal misconduct (Carter, 1985). Psychological misconduct happens through disdain, coercion, scorn, and terror, while physical misconduct uses unrestrained force and physical intimidation. Lastly, legal misconduct occurs through illegal search and seizure methods or fabricating proof.
Wood identifies that during the probationary period of the police officers first year on the force he or she can easily be fired for any cause. He specifically points to the fact that if a rookie police officer were to complain about another police officer’s ethical behavior the rookie police officer could be terminated. This constant threat of easy termination forces the police officers hand to fall in line with others. Consequently, during the officers first year he or she learns to shut up and do as others do. Therefore, by the end of the polices officers first year he or she is just as corrupt or ignorant to the corrupt actions of fellow officers. For instance, Mr. Wood alleged that another officer kicked a handcuffed and facedown suspect at the end of a chase (Wood, 2015). Two problem exist, the actions of the officer kicking an act of malfeasance and the failure to report the crime by the witnessing officer an act of nonfeasance. Although probationary periods are great policy, if not administered correctly an environment of corruption will easily be passed to another generation of police officers. Therefore, the lack of department policy to protect new officers from termination if reporting unethical actions was the driving factor the lead officers like Sgt. Wood to perform nonfeasance while the other officers kicked the suspect (Albanese, 2012). Essentially, police officer become ignorant of the unethical behavior
Many things contribute to the corruption of our justice system. Within the past five years, through police brutality the United States has shown how tainted it really is. In Just Mercy, Bryan Stevenson argues that because of family history, misunderstanding youth, and background, our justice system is defined by error. His many points and examples give exceptional proof to his findings. While the government has made some changes over the years for the justice system subjects such as the incarceration of minors and police and laws within the system still need adjusting.
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
Although the criminal justice system punishes those who have committed crimes against society, there are still flaws in the system that send innocent people to prison. Actual Innocence by Barry Scheck, Peter Neufeld, and Jim Dwyer, focuses on those problems connected to the incarceration of innocent people, as well as those who have been convicted and were ultimately exonerated. Confessions and racism are two major issues that are described in Actual Innocence that explain how these problems occur in our criminal justice system today and how innocent people are convicted of crimes.
Despite the prominence and success of over sixty innocence projects in United States, there is no literatures discussing how these organizations operate, what resources or factors contribute to their success and what challenges they much overcome (Krieger, S.A 2007). The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects (Innocence Project, 2014). The innocence project is a nonprofit organization that is being run by attorneys w...
In conclusion, either while watching television or listen to the news you hear of how certain things are tainting our criminal justice system or that certain things or people are being corrupted in the system.
Gould, Jon B. and Leo, Richard A., One Hundred Years Later: Wrongful Convictions After a Century of Research (2010). Journal of Criminal Law and Criminology, Vol. 100, No. 3, 2010; Univ. of San Francisco Law Research Paper No. 2010-28.
Within our police system in America, there are gaps and loopholes that give leeway to police officials who either abuse the authority given to them or do not represent the ethical standards that they are expected to live up to by society. Because of the nature of police work, there is a potential for deterioration of these ethical and moral standards through deviance, misconduct, corruption, and favoritism. Although these standards are set in place, many police officers are not held accountable for their actions and can easily get by with the mistreatment of others because of their career title. While not every police abuses his or her power, the increasingly large percentage that do present a problem that must be recognized by the public as well as those in charge of police departments throughout our country. Police officials are abusing their power and authority through three types of misconduct known as malfeasance, misfeasance, and nonfeasance and these types are being overlooked by management personnel who rarely intervene even though they know what is happening. Misconduct is wrong because it violates rights and causes people to be wrongly accused of crimes or be found not guilty and set free when they are still an endangerment to other people. The public needs to be educated on what is happening in the police system in hopes that someone will speak out to protect citizens from being violated by police officers.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure or manufacturing evidence (Pollock, 2012). One source describes police corruption in eight different ways. They include: corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal acts, the fix, direct criminal acts, and internal payoffs (Roebuck & Barker, 1974).
It is often said that power brings corruption, but in reality it is an individual’s lack of character, self-discipline, and integrity that leads to corruption. Law enforcement can bring many temptations on the job, and maintaining an up most level of personal integrity can often times be very difficult. The very nature of the job surrounds officers with all of the bad things that society, produces. There can be an endless amount of training and rules put into place to try and deter officers from committing unethical acts, but in the end it really just comes down to the specific individual and their willingness to do the right thing.