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Wrongful convictions research paper
Wrongful convictions law and justice
Wrongful convictions law and justice
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Hundreds of people each year are punished for crimes they didn’t even commit. Some have spent at least 14 years in prison, while others have spent time on death row. In 2015, up to 149 people were cleared for crimes they didn’t commit. (Ferner) This was because of DNA exonerations, eye witness identification reforms, criminal justice reform commissions, petitions, protests, news stories, preservation of evidence, and access to post-conviction DNA testing. Some causes that triggered wrongful convictions are: a younger defendant, a criminal history, a weak prosecution case, prosecution withheld evidence, and a weak defense (Predicting and Preventing Wrongful Convictions). Kirstin Lobato fits the shoe! She has been in jail for the past 15 years …show more content…
At the crime scene, 19 pieces of evidence was found but never mentioned. These were some of the following items: semen, found in Bailey’s rectum; penis swabs, back in 2006 there wasn’t to tell apart 2 sets of male DNA; plastic and silver paper, that were found in Bailey’s rectum; cigarette butts and filter paper, both found on Bailey’s body; loose pubic hairs, that were found near Bailey’s genitals; and chewing gum, which had blood on it. (What Evidence Needs To Be DNA Tested In Kirstin Blaise Lobato’s Case) This evidence being revealed led to the start of petitions to get DNA testing done. Another major attempt that was done was a episode done by the TV series Snapped on Oxygen. Snapped is a crime show that does profiles on women who have been arrested for murder. On September 14th, 2014, the 12th episode of season 13 was dedicated to Kirstin’s story. The episode consisted of a background story of Kirstin, the investigation, as well as commentary done by attorneys, former police officers, and some of Kirstin’s family members, and friends. The third major attempt to help set Kirstin free was a book published. The book Kirstin Blaise Lobato’s Unreasonable Conviction: Possibility Of Guilt Replaces Proof Beyond A Reasonable Doubt was written by Hans Sherrer, who is also a writer for Justice Denied. The author himself made stated in an article he …show more content…
The reason is because of the unfairness of tragic choices made. This short story describes exactly what the justice system is like today in our society.
BEFORE THE LAW stands a doorkeeper. To this doorkeeper there comes a man from the country and prays for admittance to the Law. But the doorkeeper says that he cannot grant admittance at the moment. [….] The doorkeeper gives him a stool and lets him sit down at one side of the door. There he sits for days and years. He makes many attempts to be admitted, and wearies the doorkeeper by his importunity
In order for the us, the jury, to agree with the prosecutors, they brought witnesses to the stand. Jacinta Waruiru was the first be called to the stand. She was a witness to the vicious Mau Mau attack. She told us that her family was a loyalist to the British. She was Chief Luka Wa Kahangara’s wife. Mrs. Waruiru told us about the day she and her family were attacked. She told us that the Mau Mau came to her house and killed thirteen members of her family. They killed her husband first and her housewives and their husbands housewives too. While running with a child in her arms, the Mau Mau shot her in the leg, head, and back. At that time she dropped the child, and he/she got shot while on the ground. As Mrs. Jacinta was seeking shelter behind a tree she saw her family get tortured and killed by the Mau Mau. Also she told us that all of her cattle were killed, her family’s house was burned down, and her husband’s body was cut up into pieces by the Mau Mau. The Prosecution also brought Ian Henderson to the stand, a colonial police officer. He was responsible for the capture of the Mau Mau leader, Dedan Kimathi. He came up to the stand and told us about how all he wanted was peace in Kenya. He said that since the Mau Mau have been in Kenya, it had become more tense. Prosecution also brought Evelyn Baring to the stand. he was the governor of Kenya. He told us
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
Authors Barry Scheck and Peter Neufeld founded the innocence project at a law school in New York City, which has assisted in the exoneration of an astonishing number of innocent individuals. As legal aid lawyers, they blithely engaged in conflicts that implicated
The worst thing in life is paying for another man's mistake. Sadly, this is something that occurs frequently. After watching a video about the wrongful conviction and the imprisonment of Ronald Cotton, I was baffled. I find it absurd that an innocent person can lose their freedom for a crime that they were not involved in. Ronald Cotton is not the only unfortunate individual who has endured wrongful imprisonment. Bennet Barbour, James Bain, and many others have been convicted of crimes that they did not commit due to faulty eyewitness testimonies.
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 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.
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.
The officers tampered with evidence and made a false discovery that he was the person and that is how he was convicted (Innocent Project N.D.). Many forensic methods have been implemented in research when looking for evidence, but the methods that are not scientific and have little or nothing to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011).
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.
The system has gone as deep as to making it so that even if a person has not committed a crime, but is being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years for a crime they didn’t do?” (Quigley 2). The criminal justice system has scared the majority of the population into believing that even though they did not commit a crime, they are convicted of it.
While one person lays with their wrists circumscribed to the worn leather of the gurney, another person holds two skin-piercing needles. The individual holding the needles is an inexperienced technician who obtains permission from the United States federal government to murder people. One needle is held as a precaution in case the pain is too visible to the viewers. Another dagger filled with a lethal dosage of chemicals is inserted into the vein that causes the person to stop breathing. When the cry of the heart rate monitor becomes monotone, the corrupt procedure is complete. Lying in the chair is a corpse when moments ago it was an individual who made one fatal mistake that will never get the chance to redeem (Ecenbarger). Although some people believe that the death
Our criminal justice system is blurred and sometimes ineffective when it comes to certain cases. Moreover, justice can be bought rather than served.
It has been demonstrated the one in seven people, or fourteen percent, who are put on death row were innocent of their convicted crimes. The American society is outraged when an innocent person is killed, the fourteen percent would not have to suffer if the death penalty was illegal throughout the country. There is no way to tell how the more one thousand people, possibly more, executed since 1976 may also have been innocent, courts do not generally entertain claims of innocence when the defendant is dead. Wrongful convictions and executions can be made from many of the following factors: mistaken eyewitness testimony, faulty forensic science, fabricated testimony or testimony from jailhouse informants, grossly incompetent lawyers, false confessions, police or prosecutorial misconduct and racial bias. Many of the people who are resentenced from death to life imprisonment may be innocent and rotting behind bars, since without the imminent threat of death, no one will take up their case to exonerate them. Along with the con of the death of innocent people, the elimination of the death penalty proves as a more effective way to deter
Throughout the years the death penalty has been a very controversial aspect when it comes to punishment. Some groups of people believe that is should be abolished and other think that America should keep it. I’m here to say that I am not for the death penalty at all. To me the death penalty has a couple of flaws that I have an issue looking past. The death penalty is very unconstitutional for anyone who is put through it and it is very bias on who it chooses for the punishment.
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to