Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Disparities in prisons related to minorities
Disparities in prisons related to minorities
Disparities in prisons related to minorities
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Disparities in prisons related to minorities
During a trial proof beyond a reasonable doubt must be proven. However if a defendant pleads guilty conviction happens without the chance of a trial, and making exoneration almost impossible. In order to appeal a sentence there must be a set trial and circumstantial reason such as the trial being unconstitutional. Twenty-three years and 873 exonerations is what this particular study is constructed of. One may ask themselves what race and gender is most prominent to being exonerated? According to the statistics in the study (), 93% observed exonerates were men and only 7% women. When considering race 92% of defendants were accounted for and 50% were black, 38% white, 11% Hispanic, and 2% Native American or Asian. () Defendants can become …show more content…
Misclassification can exist when a defendant is exonerated when in fact they are innocent or when they are not exonerated and innocent. When decisions are made regarding the innocence of a defendant it is best to rely on the official decisions made in the court. If a defendant is confirmed guilty he or she was eliminated for the purpose of the study. Only defendants that were officially innocent were used for the study. There will always be errors it is just the question of how often they happen. When regarding direst appeals only 1-2% are reversed. () Exonerations occur when there is an error that constitutes the prosecution or court to reconsider a case, not all are tried. Defendants can often be misclassified as innocent or guilty. Numerous cases were found while conducting the study that could have been exonerated but the defendant accepted a plea bargain to avoid a trial. Consequently these defendants were unable to try for an appeal and exoneration because no trial was conducted and evidence was not …show more content…
According to ______(), the average years needed for a conviction to end in an exoneration is 11.9, and 13 years if you count arrest. When regarding a serious crime it could take approximately 13 years for sexual assault and 12 years for a homicide. (p. 29) This could be due to a defendant serving their time before an exoneration is granted and being released. If a DNA case is being tried for exoneration the average time can last for 14 years, non DNA can take 11. When considering the statistics in the study it is safe to say that exonerations do happen pretty often. Unfortunatley some do go unnoticed and underrepresented. A way to eliminate the need for exonerations among the criminal justice system is to make sure there is accuracy and take careful consideration for each case even after conviction. Even though most defendants are guilty prosecution and the court need to keep in mind the possibility of error. The study that was conducted looked at the various statistics that are necessary for an exoneration. It is well written and easy to follow, and I believe this would be useful for criminal justice statistics if someone would want to study exonerations or have a starting point for
“A report by the United States General Accounting Office in 1990 concluded that 82 percent of the empirically valid studies on the subject show that the race of the victim has an impact on capital charging decisions or sentencing verdicts or both” (86).
This interview was conducted by Professor Zalman and Ron Keine and is about Ron’s exoneration. Ron Keine was wrongfully convicted of the murder of a college student in Oklahoma. The duration of this case was full of corruption and ended in Ron being convicted and sentenced to death row. While being on death row, Ron thought he was going to die for a crime that he did not commit. There are so many aspects in this case, but to start the Detroit News conducted an investigation and what was uncovered was procedural misconduct. The coverage from the Detroit News was not enough for Keine and his friends to be allowed to go free, and they all remained on death row. Ron was released in 1976 after the murder weapon was found to be in possession of a
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
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
Such devastating mistakes by eyewitnesses are not rare, according to a report by the Innocence Project, an organization affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University. The Innocence Project uses DNA testing to exonerate those wrongfully convicted of crimes. Since the 1990s, when DNA testing was first introduced, Innocence Project researchers have reported that, “Seventy three percent of the two hundred thirty nine convictions overturned through DNA testing were based on eyewitness testimony” (Loftus xi). One third of these overturned cases rested on the testimony of two or more mistaken eyewitnesses. How could so many eyewitnesses be wrong? This paper will identify a theoretical framework that views eyewitness testimony ...
The justice system depends on eyewitness evidence to convict offenders. Eyewitness is a difficult task to achieve in the justice system. According to Wise, Dauphinais, & Safer (2007), in 2002 one million offenders were convicted as felons in America. Out of those one million offenders, 5000 of them were innocent in 2002 (Dauphinais, 2007). The Ohio Criminal Justice survey states that 1 out of 200 felony criminal cases is a wrongful conviction (Dauphinais et al., 2007). According to Dauphinais et al., (2007), Dripps said that eyewitness error is a huge factor in cases of wrong convictions. A study conducted in 1987 indicated that in roughly 80,000 criminal cases, eyewitness error was the only sole evidence against the defendant
The Innocence Project, using DNA evidence, has gone back to past cases and exonerated innocent people when they were wrongly convicted. There may be many reasons that several people are wrongly convicted every year. However, there are 6 reasons deemed as the most important regarding wrongful convictions. These reasons are eyewitness misidentification, unvalidated or improper forensic science, false confessions or admissions, government misconduct, informants or snitches, and bad lawyering (understand the causes).
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
No justice system can produce results that are one hundred percent conclusive. Mistakes can and will be made (Message from the Prosecuting Attorney). Despite ...
Discrimination against the minority population is a major problem in the United States society’s justice system. There are many examples where African American and low-income minorities are treated differently and not given the chance to prove their innocence. The law enforcement promises to treat all men or women equal opportunity, but the same system has put 120,000 innocent African Americans in prison. While most of them still remain in prisons, injustice by law enforcements is still a burden to the minorities in America. Moreover, wrongful conviction is a horrible injustice when a person spends years in jail. This is getting recognized by the U.S. system but often late. In many cases by the time a person is proven innocent, he or she might
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
Rowe, W.F. (1996, February 1). Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/pdffiles/dnaevid.pdf
Criminal law is based on the principle of actus non facit reum nisi mens sit rea. The principle is to the extent that a man is not guilty of his acts, actus in the absence of a guilty conscience, mens rea (Gardner, 2009). To this end, criminal law justice provides that the person alleging the commission of a crime must proof beyond reasonable doubt that the accused person(s) possessed mens rea, if the court is to hold a criminal liability against the accused. In the case of People of the State of California v. Orenthal James Simpson (1995) or what has come to be famously known as the O.J. Simpson Trial is a classical illustration of how highly the U.S. criminal justice regards the beyond reasonable doubt principle.