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.
In the textbook Criminal Courts 2nd edition, it
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(Courts and Procedures: Civil Procedure) Being able to file an appeal is extremely crucial for those inmates who are wrongfully convicted. The appeals process gives them the opportunity to be exonerated if their innocence is proven to be the case. Even though the right to appeal is the inmates right, some people are not familiar with the steps needed to come out with a verdict they will be content with. In this instance the Innocence Project would be the inmate’s number one recourse.
The Innocence Project has a worldwide website that describes their history and purpose. The website describes the Innocence Project as “a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice” (Innocence Project). In an article by Benjamin Fleury-Steiner it states that the Innocence Project is a nonprofit legal clinic that originally conferred only on cases where post conviction DNA testing of evidence could demonstrate an individual’s innocence. The Innocence Project was started by Barry Scheck and Peter Neufeld in 1992 at the Benjamin N. Cardozo School of Law, where students worked on cases involving a defendant’s innocence under supervision of a team of attorneys and clinic staff. Focusing invariably on indigent defendants, the Innocence Project typically enters a case as a last resort, after an
The Innocence Project started in 1992 by Peter Neufeld and Barry Scheck (www. innocenceproject.org). They helped prove that the convicted person was innocent through DNA testing. Their mission was to free the incarcerated people and help the legal system to not make these mistakes again. There are too many innocent people that are wrongfully accused of crimes they did not commit. One case where the Innocence Project helped exonerate someone is the case of Marvin Anderson. In July of 1982, a woman was raped by a black man and later identified him as Marvin Anderson. Throughout his trial, people questioned the evidence and did not believe he was guilty. Anderson even asked his own lawyers to look into other witnesses that could help prove his
Being the victim of being accused and convicted for a crime, that you did not commit, can potentially ruin your chances or cause many issues to live the life that you want. By definition wrongful conviction is, “a conviction of a person accused of a crime which, in the result of subsequent investigation, proves erroneous,” (Duhaime). Within the topic of wrongful convictions, there are many subtopics that explain why they happen and why they occur so often. DNA evidence, lack of evidence, witness misidentification, and jury biases are all factors relating to the cases of wrongfully convicted persons. DNA evidence helps match the
Unfortunately, wrongful convictions of innocent people sometimes happen in the criminal justice system. According to a new report from the University of Michigan Law School 's National Registry of Exonerations, 2015 set a record for the number of wrongly convicted Americans who received justice; 149 people who were either declared innocent or cleared of their convictions or guilty pleas. Many of them had already served long prison terms for crimes they did not commit (Mencimer, 2016.)
This Organisation is a non-profit Legal organisation dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustices. The Innocence Project was established in a landmark study by the United States Department of Justice and the United States Senate in conjunction with the Benjamin N.Cardozo School of Law, which found that incorrect identification by eyewitnesses was a factor in over 70% of
The project has campaigned to expand rights of convicted and the right to undergo DNA evaluation. Some have wanted rights to utilize DNA testing because it was extremely avoid the innocence from serving time and reduce the number of convictions. They have created the organization to be sided with the suspect as they have no useful resources to proclaim their innocence and provide pro bono services and pays off all investigation and litigation costs of all
Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.
False confessions have been a leading factor in destroying the lives of many innocent people. Since the advances of technology, victims of false confessions have been exonerated from the charges previously placed on them while others are still fighting for innocence or died a criminal. One technological advance that has exonerated many individuals is DNA testing. According to Randy James, DNA testing was discovered in 1985 and was first used in court to convict Tommie Lee Andrews (Time, 2009). Today many Americans are convicted because of false confessions that have not yet been overturned with new evidence (Kassin, 2014). Although DNA testing has led to freedom for many innocent Americans, there are still many innocent people who are locked
With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong
This Organisation is a non-profit Legal organisation dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustices. The Innocence Project was established in a landmark study by the United States Department of Justice and the United States Senate in conjunction with the Benjamin N.Cardozo School of Law, which found that incorrect identification by eyewitnesses was a
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based
Since 1923, when Judge Learned Hand said that the American judicial system “has always been haunted by the ghost of the innocent man convicted,” the issue of wrongful conviction has been acknowledged to man (Halstead, 1992; Huff, Rattner, Sagarin, & MacNamara, 1986). After the judge made his innocuous statements, serious study of this phenomenon began. Contrary to the statement the judge made, time and technology have revealed that an unquantifiable number of wrongfully convicted persons have served prison terms and even been executed for crimes they did not commit and some that did not even occur. Research into wrongful conviction was virtually nonexistent until Professor Edward Brochard of Yale University published his book Convicting the Innocent in 1932. This book documented 65 such cases, addressed the legal causes of miscarriage, and offered suggestions to reform. Subsequently, numerous other researchers began conducting case studies and publishing findings that affirmed that wrongful conviction represents a systematic problem within the American judicial process (Huff, 2002).
Craig Watkins said this in relation to modern convictions but it still relates to the book, " I think at time, the culture of the office was 'We have to protect convictions.' And so it was less about the truth and more about protecting convictions."(2017) Many of the convictions that could be overturned are usually not because of the time they would take or the outcome. Yamiche Alcindor said for USA News “People who were guilty of crimes sometimes get help from parole officers who will monitor them after release and access to social services including counseling, temporary housing and job placement”. (2014) They may get the conviction overturned but if they do and are released then they are left with nothing when they come out. The Innocence Project works to release innocent prisoners, “To bring reform to the system responsible for their unjust imprisonment”(2018). This is what I would like to end on because it represents what needs to change within the system and what has been
The Innocence Project was established in the wake of a landmark study by the United States Department of Justice and the United States Senate with help from the Benjamin N. Cardozo School of Law (Schneider, 2013). This study found that there were numerous reasons why people are wrongfully convicted including, but not limited to eye witness identification, perjured testimony, improper forensic science techniques, and government misconduct (Roberts & Weathered, 2009) The original Innocence Project was founded twenty two (22) years ago as a part of the Cardoza School of Law of Yeshiva University in New York City, New York (Davis, 2012). The Innocence Projects primary goal is to exonerate those whom have been convicted of a crime when there is DNA evidence available to be tested or re-tested (Mitchell, 2011). DNA testing has been possible in five (5) percent to ten (10) percent of cases since 1992 (Risinger, 2007). On the other side, other members of the Innocence Project help to exonerate those have been convicted of a crime where there is no DNA evidence to test. A goal of the Innocence Project is to conduct research on the reasons for wrongful convictions, how to fix the criminal justice system, as well as advocate for those who have been wrongfully convicted (Steiker & Steiker, 2005). The members of this organization strive to teach the world about the dangers of wrongful convictions. To date, this non-profit legal organization, has freed three hundred eighteen (318)
Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well.
Have you ever been grounded or punished by your parent’s for something you honestly didn’t do? Maybe your sibling or friend stole something or hurt someone and the blame and the “horrible” consequences were put on you. No phone, no TV, no friends over, confined to your room. Straight tortures and a feeling of betrayal and dishonesty from everyone around you. Now, imagine being an adult wrongfully accused of a major crime such as an armed robbery or murder, which they didn’t commit, except it isn’t being grounded or their parents they 're worried about, its sitting behind bars, no longer a free citizen, fighting for their freedom with most likely one of the following things happened such as an eyewitness identified the wrong individual, false confessions, Perjury, maybe even forensic science error. Imagine as a child how you felt being grounded in the comfort of our own home. Just picture how an individual would feel wrongfully convicted in a cold, 10x10 box with a cold cot to sleep on! The injustice of being convicted and imprisoned for a crime one did not commit is intuitively apparent. I would take being grounded over a jail cell any day.