In today’s society, it seems criminality runs rampant. The sheer number of people who become incarcerated each year is staggering, and growing. Aside from the outrageous costs for housing these offenders, it becomes increasingly difficult to decipher the true nature of the crime committed and whether or not the suspect in question is the culprit. This concept begs the question, are all of the people currently incarcerated actually guilty of the crimes they allegedly committed? This idea serves as the foundation for the structure of the book Actual Innocence, where it is found that people frequently become wrongly convicted of heinous crimes on the basis of illegitimate confession, white coat fraud, prosecutorial misconduct, snitch evidence …show more content…
and junk science. These wrongful convictions, as shown by the book, can be proved in their inaccuracy by the mere presence of DNA at the crime scenes, so it is important for states to consider mandatory DNA testing before convicting a suspect of a crime and sentencing them to prison and/or the death penalty. In the year 1987 a man named Robert Miller, who was known to abuse drugs on a frequent basis, was sentenced to death for the crime of multiple rapes and murders of elderly women in Oklahoma.
At the time, the case began with his confession, where Miller relayed to police that he had a psychic connection to the person who had committed the crimes. Upon hearing this information, police subjected him to twelve hours of interviewing where Miller gave an inconsistent recount of the crimes he had witnessed through his “visions”. Shortly thereafter, it was quickly concluded that Miller was guilty of all the crimes despite the fact that his mind was most likely altered from overindulgence on drugs and his psychic visions cannot be counted as concrete evidence. It wasn’t until later in 1991-1993 that DNA testing proved that Miller was definitely not the rapist, as his DNA was not a match with the fluids consistent at the scene. This however, did not guarantee his immediate release from prison, because he did not become free until …show more content…
1998. For this specific case, the idea of illegitimate confession was utilized to the point of acceptance without evidence. Robert Miller’s confessions carried such a heavy weight in the decision making process, that it effectively replaced the concrete science of actual DNA evidence and landed him in jail despite the fact that he was innocent. Because states did not mandate DNA testing for criminals of heinous crimes at the this point in time, Robert Miller served his jail time for a crime he only associated with through a fluke psychic bond. Had DNA testing been mandatory, his status as a suspect would have most likely been dismissed in court as it is not possible, for someone whose DNA is not a match, to have been the culprit at the scene of the crime. Similarly, in a case also set in 1987, two men-Ronald Williamson and Dennis Fritz-were accused of a violent rape and murder.
A woman in the Oklahoma jail nearby claimed to have eavesdropped on a conversation pertaining to the case. In this conversation it was speculated that both Williamson and Fritz had admitted to committing the heinous crimes and were promptly sentenced to death (Williamson) and a life sentence (Fritz). This type of snitch evidence accounts for 21% of the innocent project cases where no legitimate DNA evidence is founded. The only proof used in the case against these men was their hair, each being fairly “consistent” with the hair found at the scene of the crime. Updated testing for DNA later on had shown that none of the hairs found at the scene of the crime bore any resemblance to either Robert Williamson or Dennis Fritz dubbing the previously approved match a 100% error
rate. Perhaps one of the most common forms of wrongful conviction stems from prosecutorial misconduct. It accounts for more than 63% of cases where it is the fault of the investigators and prosecutors involved in the case if their client is wrongfully convicted. In the book Actual Innocence the case of Ronald Cruz and Alejandro Hernandez is also brought forth for discussion. They were both accused of rape and murder of a child and prosecutors kept declining to take on their case. Before the charges were dropped several years later, three prosecutors and four sheriff investigators associated with the case were brought to court for obstruction of justice and perjury but received no punishment. This is quite common in the justice system as 381 different cases have been reversed in response to the way the case is handled by both prosecutors and sheriff investigators from 1963 to today. In examples of other forms of misconduct such as “white coat fraud” situations include cases where experts giving their opinion on the scientific portion of evidence, are falsifying information when they are called upon to give testimony. One such person convicted of “white coat fraud” is Fred Zain. Fred Zain was often utilized as someone giving expert testimony in cases pertaining to blood and other DNA samples being matched to the suspects in question. When he was finally investigated in 1993 it was found that the majority of his performed tests could not be considered reliable because they would not have helped him attain the conclusions he used in court, nor were 100% of the tests performed at all. Because of the fact that many cases bring in the opinions of others claiming expert testimony, it tends to have significant sway on jury members and their final decisions despite them having no way of knowing whether or not the qualifications of the person giving the testimony are legitimate. Throughout my reading, I found that a common theme for each of these cases involving heinous crimes was that no DNA testing was initially performed-which lead to conviction-however later on when update forms of testing were made available, those same people that got convicted were found to be innocent. While this is not true for all cases, as some people found guilty are rightfully so, there is a high percentage of cases who follow the pattern of wrongful conviction. Because of this, I believe that it should be necessary for each state to mandate DNA testing on the accused and convicted alike, because it is a waste of time, money and effort to keep someone incarcerated who does not deserve it and you cannot give those years spent in jail back to that person. It would be one step closer to helping the legal system become more just.
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
The suspect had a chip tooth and Antonio had A gap that was really the only reason he got convicted. There three other suspects didn’t even get close to how Antonio Beaver had allot of similarity’s like the victim that did that crime. The best way to know if the suspect did the crime is doing allot of deep research instead of just going off a shecht artist.
2 (A). After spending three decades behind bars, DNA evidence proved Cornelius Dupree’s innocence. Dupree was arrested and eventually wrongfully convicted for the robbery of a woman and a man. He was indicted on both the robbery and rape of the woman, but since prosecuting him for the rape would not extend his 75 year sentenced handed down for the robbery, the rape charges were dismissed. DNA testing was not available at the time to exonerate him for the crimes. Even though he was not convicted for the rape, the evidence clearing him of rape, stood for the robbery too, as they were both connected.
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
As I was completing this assignment, I was watching the infamous Netflix documentary entitled Making a Murderer. The documentary follows the story of Steven Avery, who is currently in prison for the death of a woman, Teresa Halbach, in 2005. Steven Avery has been denying any involvement in the murder of Teresa Halbach for the past eleven years. In the middle of the reading, the documentary was exploring and analyzing Steven Avery’s deviant behavior as a young man (Making). As I observed what was being discussed about Steven Avery, I was able to build the connection between how society, and the community from which he came from, perceived Steven Avery and what Kai Erikson discussed in the first couple pages of the book with regards to deviance and its relation with regards to society.
They had semen and blood samples that they did not test and someone witnessed a glimpse of a black male running from Ms. Burner’s house after she was raped. Yet, no one makes use or pays adequate attention to this evidence, probably because it would prove Joe innocent.
If that does not occur to the reader as an issue than factoring in the main problem of the topic where innocent people die because of false accusation will. In addition, this book review will include a brief review of the qualifications of the authors, overview of the subject and the quality of the book, and as well as my own personal thoughts on the book. In the novel Actual Innocence: When Justice Goes Wrong and How to Make It Right authors Barry Scheck, Peter Neufeld, and Jim Dwyer expose the flaws of the criminal justice system through case histories where innocent men were put behind bars and even on death row because of the miscarriages of justice. Initially, the text promotes and galvanizes progressive change in the legal
There are many individuals wrongfully incarcerated due to flawed eyewitness testimony. Thanks to DNA testing, these three men were cleared of all crimes and released from prison. There are others not as fortunate. In my opinion, eyewitness testimonies should not be allowed as evidence in court. As a juror, you must keep in mind that trauma affects the mind and can shatter your memory and mistakes can be made. Therefore, to eliminate the chances of sending an innocent person to prison the only thing that should be taken into consideration during deliberation is physical and forensic
Eyewitness reports are not reliable in court. There are many reasons why eyewitness reports are unreliable. Some reasons are that people don't have a good memory and mistake the real criminal, another reason is that people don't have a perfect eyesight and even the mind plays tricks on you. on a report in 1984 there was a report that jennifer was raped. jennifer picked ronald cotton out of a photo and a physical lineup. she was sure that ronald was the rapist but a decade later dna proved that ronald wasn't the real rapist. elizabeth loftus said that “jennifer did not recognize the real rapist because she picked ronald first and in her mind she thought he was the real rapist” so her mind was set on ronald and no one else.
Depending on what study is read, the incidence of false confession is less than 35 per year, up to 600 per year. That is a significant variance in range, but no matter how it is evaluated or what numbers are calculated, the fact remains that false confessions are a reality. Why would an innocent person confess to a crime that she did not commit? Are personal factors, such as age, education, and mental state, the primary reason for a suspect to confess? Are law enforcement officers and their interrogation techniques to blame for eliciting false confessions? Regardless of the stimuli that lead to false confessions, society and the justice system need to find a solution to prevent the subsequent aftermath.
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.
Risinger, D. Michael. "INNOCENTS CONVICTED: AN EMPIRICALLY JUSTIFIED FACTUAL WRONGFUL CONVICTION RATE." Journal of Criminal Law & Criminology 97.3 (2007): 761-806. Legal Collection. EBSCO. Web. 2 Mar. 2011
I believe the physical evidence was adequately presented given Michael Mosley’s conviction. I also believe that an expanded DNA database could lead law enforcement to criminals i...
We are all affected by crime, whether we are a direct victim, a family member or a friend of a victim. It can interfere with your daily life, your personal sense of safety and your ability to trust others.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular