Wrongfully Convictions

It is a great technological innovation that can help bring evidences and fact faster. In the article The DNA Wars Are Over, “Forensic use of DNA technology in criminal cases began in 1986… In one of the first uses of DNA in a criminal case in the United States, in November 1987.” Sadly in 1985, DNA testing was not popular in the U.S. investigation and was not available in Cole’s case. I believe the U.S. court system is improving and yes there are a lot mistrials and wrongful conviction cases, but you cannot avoid the fact that DNA testing can bring better truth than just relying on statements of both

In the article, “Family of Man Cleared by DNA Still Seeks Justice,” Wade Goodwyn writes about the rape of Michele Mallin and the confession that sets free a wrongly convicted man. Timothy Cole, a student in Lubbock was arrested and convicted as the Texas Tech rapist based on the eyewitness account of one victim. On Sunday night, March 24th, 1985, Michele Mallin, a college sophomore at the time, needed to move her vehicle to a legal parking spot after forgetting to earlier that day. At around 10pm, after finishing moving her car, a man appeared asking her for jumper cables to fix his broke down car. Mallin recalls him pushing her back into her own car, threatening to kill her with a knife and chain-smoking the entire time during the attack.

When one thinks about the court systems and the way justice is served they see a system that is fair and just. A system that correctly provides punishment to the guilty party, and one that can discover the truth within the innocent party. On the surface level this appears to be true. Hundreds of thousands of people are incarcerated each year in the United States, which in reality provides a false sense of safety to citizens. While a large percentage of incarcerations are of guilty parties, according to a study in C. Ronald Huff’s book, Convicted But Innocent: Wrongful Conviction and Public Policy, approximately 100,000 innocent people are convicted every year.

Cold Cases should be Reopened Introduction In the past, finding more than one suspects at a crime scene was likely to lead to a dead-end investigation, and in other cases the arrest of an innocent suspect, instead of the criminal that committed the crime (Delvin para 3). The indication of making an illegal decision is that the offender would likely be released due to the lack of proof, and an innocent person sentenced to jail for an offense they did not committed. In essence, many injustices have been committed against the victims of crimes and the suspects that go to jail or receive other punishment are innocent persons. However, the recent discovery of DNA technology and changes of law have led to the realization that the new technology

In Randall’s article, she gives a few examples of individuals who have been wrongly convicted, in the first example she says “Kirk L. Odom was wrongfully imprisoned for more than 22 years for a 1981 rape and murder. He completed his prison term in 2003, but it was not until July 2012 that DNA evidence exonerated him of the crimes.” (Randall 1) Randall states the fact that Odom even finished his sentence before the FBI figured out he was innocent, but what good is that if 22 years of his life were taken from him. And a similar case happened, in 1978 Santae A. Tribble was convicted for murder and was not exonerated until 2012.

The United States criminal justice system is riddled with cases of many varieties. Some have obvious outcomes while others warrant more detailed analysis. However, some cases go beyond the court into other courts, where they are decided, such as Jackson versus Hobbs in 2012. The courts try to lighten the load of cases they have by offering plea bargaining, an agreement among a defendant and a prosecutor in which the defendant pleads guilty to a charge that is less severe than what he or she is initially charged for in the hopes that clemency will be administered. Sometimes, however, people accused of a crime are completely innocent, and it is not until technology is released, such as DNA testing, decades later that these people are proved to

17 year-old charged in 1969 of the rape and murder of Gail Miller, the Saskatoon nurse. This had become one of Canada’s most wrongful convictions. Gail Miller was raped and stabbed at 6:45 a.m on January 31st, 1969. She was left in a snowbank, and two 2 hours later the police found her body. The police frantically tried to find all possible sex offenders in the area, but they all came up clean, so they found no leads.

These mistakes are not repairable as death is final and several cases have been re-examined where DNA that exonerates someone was not involved in court proceedings due to the time-period resulting in the execution of an innocent. They respond with the notion that the death penalty detracts from the sympathy of people for the pain and suffering of the families of the victims of crime and shifts the sympathy to the offender instead. Some human rights groups speak against the execution of an individual on death row gaining that individual a following in the media for sympathy with their impending death for the heinous acts they committed. They say that it is insulting to the victims’ families and makes a mockery of the heinous acts that were committed. Finally, abolitionists contend that capital punishment does not bring the victim back to life.

Since the founding of our judicial system there have always been individuals claiming innocence to a crime that they have been found guilty of, traditionally, after their sentencing no matter how innocent they may or may not be would have to serve, live and possibly die by the decision of their peers. The Innocence Project, founded in 1992 by Barry C. Scheck alongside Peter J. Neufeld faces this issue by challenging the sentencing of convicted individuals who claim their innocence and have factual ground to stand upon. The Innocence Project uses the recent advances in deoxyribonucleic acid (DNA) testing to prove their client’s innocence by using methods that were not available, too primitive or not provided to their clients during their investigation,

Eyewitness misinterpretation is the highest contributing factor to wrongful convictions. The majority of the wrongful convictions have been corrected by DNA. Exoneration cases that have involved convictions are based on mistaken identification and/or mistaken or overlooked evidence. While there had been evidence in the book “The Picking Cotton,” of police misconduct/ biased based on race. While prosecutors and law enforcement officials are expected, to be honest, uphold the law, have the best intentions to protect society and act with integrity but the pressure to get the right perpetrator my lead police to act inappropriate, unfair or in an unlawful manner, government misconduct can include withholding or fabricating evidence, suggestive ways

These wrongful convictions occur because the criminal justice system had many flaws. It was not only the system that had flaws but also the people on the board. The prosecutors "opposed testing, arguing that it would make no difference" whether or not those being convicted got DNA tested (Garrett 1). Confessions was one of the causes that often led to the downfall of those innocently convicted. In the case of Jeffrey Deskovic, the police officer was supposed to conduct the polygraph examination.

With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.

The biggest issue within the Criminal Justice system is the large number of wrongful convictions, innocent people sentenced to die for crimes they did not commit. People are put in prison for years, even executed for false convictions. This affects not only those put in prison but friends and family of the accused. Wrongful convictions aren’t solely a tragedy for those directly involved either. It weakens the faith the public has for the justice system as well as poses safety issues; when innocent people are put away, the real criminals are still out there.

The way the United States use of DNA test we do not custom. I watch Television people who were sentenced killing others and getting life in prison and after 20 or 30 years DNA proofs it was not the right person then how about if that person was getting killed at first place. That was showing that justice was not served

It contains more than 70,000 DNA profiles of indicted guilty parties, and a few volunteers. This national databank accumulation can be coordinated against DNA profiles gathered from unsolved