Causes of Wrongful Causes of Wrongful ConvictionsConvictions

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University of Phoenix CJA224University of Phoenix CJA224

IntroductionIntroduction

In this presentation we will be discussing the topic: In this presentation we will be discussing the topic: Causes of wrongful convictionCauses of wrongful conviction

Supported Facts and Previous CasesSupported Facts and Previous Cases Certain StatisticsCertain Statistics Numerous ExamplesNumerous Examples Including ImagesIncluding Images ReferencesReferences

Causes of wrongful Causes of wrongful convictionconviction

In today’s society, countless ofIn today’s society, countless of

people have been introduced to the people have been introduced to the

justice system do to committing justice system do to committing

major and minor crimes. For major and minor crimes. For

instance; murder or parking tickets. instance; murder or parking tickets. However, the United States However, the United States

justice system is not always justice system is not always

accurate, when it comes to some ofaccurate, when it comes to some of

these cases. To be realistic this is these cases. To be realistic this is

what causes chaos in the system what causes chaos in the system

and in society. Citizens being and in society. Citizens being

proven guilty, when he or she is proven guilty, when he or she is

innocent. innocent.

The Innocence Movement 

n 1992, Barry Scheck and Peter Newfeld formed the first Innocence Project.  The Innocence Movement are passionate and driven people that are concerned over the wrongful convictions of people.  This movement has rouse people in action all around the world to try and achieve success in reforming the criminal justice system.  Their main mission is to help exonerate people who have been wrongfully convicted.  These organizations have been working in this movement and captivating the public through the following:

- Newspapers- Film documentaries- Televisions- Internet

The Innocence Movement handles all types of wrongfully convicted cases, whether they are DNA case or non-DNA cases.  DNA cases are only 10 to 12 % of serious felony cases.  There are many people who are wrongfully convicted due to:

- Misidentification- False Confessions- Prosecutorial Misconduct- Incentivized Witnessing- Rogue Law Enforcement Officer- Junk Science- Bad Lawyering

The utmost cause of wrongful convictions nationally are from the eyewitness’ falsely indentifing criminals (Siegel. Shamalleger, and Worall, 2011).

Intimidation

Duress

Mental impairment

Lack of Knowledge in laws and rights

Fear of violence

Misunderstanding of circumstances

Diminished capabilities

Imposition of harm

Risks or worries of a harsh sentence

 

Exonerations arise through four revenues:

  U.S. state official allots a pardon basis of new evidence proving innocence Courts dismiss charges following newly found evidence In a retrial exoneration is validate Recognition of innocence continues after ones’ death

How has DNA assisted in wrongful convictions

There are three main ways in which DNA analysis is used in criminal investigations:

● (1) DNA deposited on a victim or at a crime scene is compared with a DNA sample taken from a person suspected of some involvement in the crime.

● (2) If there are no suspects, DNA deposited on a victim or crime scene can be compared with a DNA database containing DNA profiles of convicted offenders. A match generated through this process is known as a ‘cold hit'.

● (3) If there are no suspects, DNA deposited on a victim or crime scene can be compared with the DNA samples volunteered by all members of a locality (ie a mass screening, as occurred in the NSW town of Wee Waa in 2000).

Contemporary ExamplesContemporary Examples

As science and technology evolve, individuals throughout the country are being released from prison

due to DNA testing after years of incarceration. Often, investigation of original trials that led to the

wrongful incarceration reveal impropriety in physical evidence collection, laboratory procedures followed

and/or reporting of test results.

Zellner, 2012

Technology evolvingTechnology evolving

Chart of TrialsChart of Trials

Exonerations reveal the most frequent errors in wrongfully convicting individuals include:

Incorrect eyewitness identification Defective forensic evidence Untrue confessions Informant testimony Ineffective assistance of counsel Overzealous prosecutor Judicial bias    

Wrongful Convictions and ExonerationsWrongful Convictions and Exonerations