Wrongful Convictions In Canada

In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper investigation still has to take place,'' she said. (Matthew, n.d.).

DNA testing was first used in criminal prosecutions in 1985 and is now admissible in all states. (Hails, 184) Scientific and legal communities seem to universally accept the use of DNA as “good” evidence. Questions could arise regarding testing procedures. There are several testing methods that have been proven reliable and easily pass general acceptance and scientific validity tests. This is causes number of Daubert cases questioning DNA to decline. “In most cases, the tests that are used are well established and do not require a separate hearing” (Hails, 160)

Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).

DNA exonerations are very common. So much so that in the United States alone, there have been “317 post-conviction DNA exonerations” (2014). The very first DNA exoneration dated back to 1989. The Innocence Project examined these DNA exonerations and found that “8 of the 317 people exonerated through DNA served time on death row. Another 16 were charged with capital crimes but not sentenced to death” (2014). More so, the average time served was about 13.5 years, and the average age was 27 (2014). This means that before the age of

The Association in Defense of the Wrongly Convicted (AIDWYK) is an important resource for those that need assistance proving their innocence. This foundation is a Canadian, non-profit organization that was founded in 1993 and incorporated in 2000.The goal of the AIDWYK is to “identify, advocate for, and exonerate individuals who have been convicted of a crime they did not commit and to prevent wrongful convictions through legal education and reform.” Without the efforts of this foundation 18 innocent individuals would still be behind bars, and hundreds of cases would

In addition to undeserved charges, DNA testing has exonerated hundreds of people for crimes in which they were convicted over the past few years. When DNA testing became readily available to the criminal justice system, crucial flaws began to surface. It was realized that people were serving hard-time for felony crimes they didn’t commit.

DNA testing is a critical and accurate tool in linking accused and even convicted criminals for crimes, and should be widely used to assess guilt or innocence before jail sentences are imposed. It was started up by scientists Francis C. Crick and James D, Watson in 1953 as they had described the uses, structures and purpose of the DNA “deoxyribonucleic acid” genetic fingerprint that contains organism information about an individual (testing

Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).

In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who

Wrongful convictions occur when innocent defendants are found guilty in a criminal trial; When people are wrongfully convicted, they spend part of their life in prison while the criminal is free of punishment. The world has two million citizens incarcerated, about 20,000 people punished for crimes they did not commit (Ferner). Two thousand people are punished for crimes they did not commit, that is not a small number, so why do wrongful convictions occur? Wrongful convictions can occur for various reasons; the common causes are eyewitness misidentification, unvalidated or improper forensics science, false confessions, government misconduct, unprofessional lawyering, and informants or snitches.

DNA forensics can also narrow down suspect pools, exonerate innocent suspects, and link crimes together if the same DNA is found at both scenes. However, without existing suspects, a DNA profile cannot direct an investigation because current knowledge of genotype-phenotype relation is too vague for DNA phenotyping. For example, a profile from a first time offender that has no match in any database may give the information that the criminal is a left handed male of medium stature with red hair and freckles. It would be impossible to interview every man who fits that description. However, with available suspects, DNA forensics has many advantages over other forms of evidence. One is the longevity of DNA. Although it will deteriorate if exposed to sunlight, it can remain intact for centuries under proper conditions (Sachs, 2004). Because DNA is so durable, investigators can reopen old cases to reexamine evidence.

Marieb stated (435), DNA fingerprinting can prove that a suspect was actually at the scene of a crime and establishes innocence.” Before the evolution of DNA fingerprinting, persecuting attorney and our judicial system depended on many aspects of reliable sources to convict a criminal. They depended on the eyewitnesses who were likely to recant on their statements, tampered evidence, and bias jurors. Presently, DNA fingerprinting have aided in exonerating hundreds of cases including Ray Krone, also known as The Snaggle Tooth Killer. He was exculpated by DNA evidence after he served 10 years and was facing the death penalty for a crime he didn’t commit. He was wrongly convicted of murder and the circumstantial evidence at the time was the bite marks they found on the victim’s body resembled his teeth. DNA revealed Kenneth Phillips was the culprit. He was the 100th inmate vindicated through DNA from death row since 1976. Even though, this is a fascinating process. It is not a perfect system. Similarly, fingerprints were used in the past, yet the current progression speaks for

There have been many incidents where cases have needed a solid prosecution in order to convict the defendant in a murder or rape case. This is where DNA Testing comes in to help. By taking a DNA test, a person can be found guilty or not guilty. If a person claims they have been raped there can be a sperm sample taken from the suspect in order to prove that he is guilty or not. In addition, in a murder case there can be blood taken from the suspect so they can tell of his innocence. There are several ways to determine whether a person is guilty or not by this method. Many cases have begun to use this method saying that it is foolproof. People say this is the method of the future of crime

There are often mistakes made that falsely determine an individual’s sentence. Sloppy police work and loss of documents are examples of careless errors. There is also some room for error with determining the results of a DNA sample that do not fall under the human error category. Many times there may not be ample DNA samples at a crime scene. Only a fraction of crimes reveal DNA. Drive-by shootings and bombings often do not provide DNA for investigation purposes. “There is a public perception that DNA is the cure-all for these kinds of mistakes. DNA is not the whole answer.” (Dieter, Richard) Eye witnesses cannot solely and accurately determine a person’s fate 100 percent of the time. There are numerous amounts of cases in which those found guilty were indeed later found innocent. Many times, these individuals have already served time in jail. Many argue that the time inmates spend in