The Criminal Justice System Has Many Flaws that Need to Be Apprehended Right away - Research Paper Example

The art of conviction in any country is no doubt complicated, time consuming, and can be improper. The possibility of wrongful convictions is quite prevalent since the nature of it is so sophisticated. The criminal justice system has many flaws that need to be apprehended right away, for the sake of innocence and justice. Wrongful conviction is also called “miscarriage of justice” is an issue that has caused even death penalties in some cases [1]. Wrongful cases can happen to anywhere and is improper since an innocent person is depriving of life, liberty, and the pursuit of happiness, which is so precious to every human being [1]. Moreover, they take are detriment to economy since a wrong conviction of a person would obligate society to compensate a person for their wages. Hence, three causes of wrongful conviction are: eyewitness misidentification, improper forensic science, and bad lawyering [2]. Eyewitness testimonies are the primary source of evidence in cases such as his that lack forensic evidence[1]. Eyewitness misidentifications are also the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing. In 38% of the misidentification cases, several eyewitnesses misidentified the same innocent person [2]. Over 175 people have been wrongfully convicted because of misidentification but later were released due to DNA testing. Professor Gary Wells, pro-leader of the innocence project perfectly describes this issue as he states, “People tend to think of the ability to recognize a face as a natural ability [2].But a criminal situation is totally different than what people generally experience.” In order to reduce victim misidentification; it would be helpful to conduct a double-bind presentation in which the administrator is unaware of the witnesses’s description [2] . Another suggestion is to tell the person viewing the line- up is told that perpetrator may not be in the suspect line up. Furthermore, everything should be electronically recorded since it’s a strong information tool that can help the justice system reach the truth. It creates a barrier towards false confession, and at the same time is capable to forming a strong evidence to convict the guilty[2]. Another suggestion is to expand the discovery process. Discovery is an essential process in which the prosecution reveals confidential information before the trial that is associated with the investigation. This is highly critical since it builds accuracy, confidence, and reliability. In essence, the expansion of “discovery” can protect against wrongful convictions. A sequential presentation can also reform the process, which consists of lining up members one-by-one instead of side-by-side [3]. Habib Wahir Abdal, Adams Kenneth, and Gilbert Alejandro were all victims of eyewitness misidentification who were later released through DNA testing [3]. All these victims were wrongfully convicted because of eye witness misidentification. If the systematic change such as sequential presentation would have been implemented, these victims would have not been convicted [2]. Ivan Henry is another example of how eyewitness misidentifications have led to wrongful convictions. Henry was convicted of raping 8 women in Vancouver [3]. Unfortunately, the case only relied in eyewitness identification, which was highly questionable. In addition, the trail judge were bias towards convicting him as he told the jury that Henry resisted in the photo lineup. Henry had been in custody since his arrest in 1982 as he was convicted by a jury in 1983 on 10 counts. He represented himself at trial after his lawyer, Richard Peck, withdrew [2]. Sometimes the person pointing out the witness is full of emotion and pressure for justice, that they make decisions in haste. Human beings are infamous for forgetting things, and some memories are true, while others are a mixture of fantasy and deception. Taking time in a presentation and calming the witness can furthermore ease the process. Although the modern era of science has facilitated the process of conviction, improper forensic science continues to haunt many innocent victims. This is not the fault of the scientist all the time, but rather the science itself [2]. In other situations, DNA analysts fail to make a proper judgment due to lack of resources, poor training, and pressure from authorities [2].. Yet that does not diminish the fact that many analysts have behaved improperly by being involved in misconduct[3]. It is certainly not difficult to modify or taint evidence a particular case. The forensic scientist does have the pathway to fabricate results, and mask certain aspects of results that can give some leverage to a defendant [2]. Nonetheless, many analysts have practiced these unjust schemes that have resulted in plenty of wrongful convictions all across the border[2].This situation could be perfectly portrayed in the case of Alejandro Dominguez, who was convicted of a rape assault, based upon the fact that his semen matched his blood type. The semen was found in the victim’s body, which the expert “scientist” insisted upon. However, the scientist failed out to point out the fact that two-thirds of men in America could have matched that sample. If the jury understood the fact, and called out for more liable proof, than his sentence would not have lasted four years[2].. He is just one of the few examples of how even with modern forensic testimony, innocent people can be convicted. The “icing on the cake” that leads to improper convictions are false confessions. In about 25% of DNA cases, defendants made statements because of external influences. Innocent people certainly have variety of factors that influence them to confess them of something they didn’t do. These factors consist of: duress, coercion, intoxication, impairment, fear of violence, long sentences, miscomprehending the situation, and ignorance of the law[3]. In addition, age can also be a favor as children can be easily be manipulated. In addition, the incentive or the fake assurance that both children and adult “they can return home” as much as they admit guilt. Even stable, mental adults give false confession in order to reduce the length of interrogation, and falling in a false belief that they will prove their innocence later[3]. This scenario could be illustrated again in the case of Eddie Joe Royal. Mr. Royal was convicted murder of a 16-year old after he wrote to the police on how to solve crimes that plague Detroit[2]. Lloyd was also mentally unstable, and was fed lies by police that he was aiding them by giving them details of a real killer [2]. In reality however, Lloyd was manipulated to sign a confession and a recorded-statement about the crime. However, in 2002 Lloyd was proven innocent after DNA testing and was exonerated. Again these countless techniques used by officials are unjust and false.   APA [1] burden of conviction. (2010). In Encyclopædia Britannica. Retrieved November 29, 2010, from Encyclopædia Britannica Online:http://www.britannica.com/EBchecked/topic/84965/burden-of-conviction [2] The Innocence Project: understand causes. Retrieved November 28, 2010, from http://www.innocenceproject.org/understand/Unreliable-Limited-Science.php [3] Mary Carroll.  (2001, January). Never Too Late: The Prosecutors Story of Justice in the Medgar Evers Case [The Booklist, 97(9/10), 883.  Retrieved December 5, 2010, from ProQuest Education Journals. (Document ID: 66870130). Read More