This article is about a sexual assault bill that is being considered and that according to supporters would prevent wrongful convictions. It would require victims to corroborate their testimony only if the defendant doesn’t have a prior conviction. Since this could be a very controversial issue a forensic psychologist could be hired to clarify the nature of the problem; to either prove that the bill could help prevent wrongful convictions by using logic and evidence or that it would make those cases where evidence simply doesn’t exist harder. A forensic psychologist could argue, for example, that victims are not always able of providing a reliable story; that it is possible for them to miss a prominent characteristic because it has happened
There have been many studies looking at wrongful conviction cases, and along with that, there have been thousands of empirical studies done on the traditional causes of it (Leo, 2009, pg, 29). These include eye witness testimony and false confessions induced by police (Leo, 2009, p.29). This paper will look at the research done on those who have been wrongfully convicted and the psychological effects that it has had on them. I will discuss several psychological processes that can lead to wrongful convictions in court. I will then look at the various psychological effects including mental and physical health issues. Along with discussing some aspects of the stigmatization exonerees receive when returning home after being released that may contribute to their personal psychological effects.
It is no secret that forensic psychology is an example of an area where psychologists apply their knowledge of psychological approaches, methods and treatments to a specific problem. However, before assessing the implications, it is crucial to establish the research methods used in criminal
Spohn, Beichner, and Davis-Frenzel do not conduct a field study as Frohmann does, instead they examined all sexual assault cases cleared by arrest in Miami Florida in 1997. They did however replicate Frohmann’s design of interviewing a sample of the prosecutors who handled the cases. By using this different method of research, Spohn, Beichner, and Davis-Frenzel’s are able to show the frequency in which prosecutors used discrepant accounts and ulterior motives to reject cases. This extends upon Frohmann’s research. Their findings that, “charging decisions primarily reflect the prosecutor’s assessment of the likelihood of conviction” (Spohn, et al. 2001, p. 206) is consistent with Frohmann 's Findings. They also agreed with Frohmann’s categories of typifications, however they found that a substantial amount of cases were rejected for reasons other than discrediting the victim such as, the victim’s failure to appear for a pretrial interview, refusal to cooperate in the prosecution of the case, or admission that the charges were fabricated (Spohn, et al. 2001).
Wrongful convictions are common in the court-system. In fact, wrongful convictions are not the rare events that you see or hear on televisions shows, but are very common. They stem from some sort of systematic defect that lead to wrongful convictions such as, eyewitness misidentification testimony, unvalidated or improper forensic science, false confessions and incriminating statements, DNA lab errors, false confessions, and informants (2014). Bringing awareness to all these systematic defects, which result in wrongful, is important because it will better adjust the system to avoid making the same mistakes with future cases. However, false confession is not a systematic defect. It does not occur because files were misplaced or a lab technician put one too many drops. False confessions occur because of some of psychological attempt to protect oneself and their family. Thus, the courts responsibility should be to reduce these false confessions.
This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.
Since the very beginning of time our Founding Fathers and those that basically built the foundation of this country left a lot of responsibility in the hands of our government and the bases of religion. From Darryl Hunt to Arthur Allan Thomas to Richard Jewell every year there are wrongful convictions that make their way across the courts around the United States. Every year citizens are brought into the courtrooms with cases to present to the judge and jury and although our country places so much responsibility in the hands of the jury and judges across the country, there are times when they simply make mistakes. With so
I will also utilize Professor Natapoff who has served as a clerk for the Honorable David S. Tatel from the U.S. Court of Appeals and for Paul Friedman, U.S. District, Washington D.C. She is widely thought of as an expert on snitching in the criminal justice system. She recently served as an assistant public defender in Baltimore, Maryland. Professor Natapoff received an Open Society Institute Community Fellowship.
“Wrongful convictions happen every week in every state in this country. And they happen for all the same reasons. Sloppy police work. Eyewitness identification is the most- is the worst type almost. Because it is wrong about half the time. Think about that.” (Grisham). Wrongful convictions can happen to anyone, at anytime. Grisham implies wrongful convictions happen for the same reasons, careless police work as well as eyewitness identification. An eyewitness identification is a crucial aspect in detective work because it essentially locates the person at the crime scene. This is the worst cause of wrongful convictions because it is wrong half the time.
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
After doing more in depth research about wrongful convictions I believe instead of my research questions becoming no longer feasible or interesting it rather enhanced and ignited my perspective and passion on this subject. It enhanced and ignited my perspective and passion because it shows even though we have come a long way when it has come to overturning and exonerating the wrongly convicted but we still have some ways to go to get justice for all the individuals that are still being affected to this day. Some additional research questions that I would like to know would be what is the primary cause leading to wrongful convictions and How has the innocence project impacted individuals who have succumb to falsely imprisoned.
The topic of wrongful convictions will be discussed in this research paper. Wrongful conviction is defined as the conviction of a person who is accused of a crime in which, in the result of subsequent investigation, proves erroneous. These persons who are in fact innocent, will be wrongly convicted by a jury or a court of law.
If you are charged with a crime that you did not commit, the task of defending yourself in court can be frustrating, confusing and extremely scary. But, there are not many areas of the law that have seen more false accusations and even more horrific, wrongful convictions than those involving sex crimes. Countless people have had their lives destroyed by false accusations which have led to ultimate convictions.
As field, psychology was born of ancient philosophy and philosophers, and began to take root and grow in the 19th century (Candalis &Neal, 2014, p. 20). Psychologists started working with, and within, the courts in the early 1900’s (DeMatteo, Krauss, Marczyk & Burl, 2009, p. 185), however, the first big strides for forensic psychology were not made until 1954,
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.