Preview

Example Of False Imprisonment

Good Essays
Open Document
Open Document
417 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Example Of False Imprisonment
“False imprisonment is the unlawful restraint of a person against their will by someone without legal authority or justification” (False Imprisonment). False imprisonment can be caused by a number of factors. These include eyewitness misidentification, improper forensic science, false confession,and snitches,otherwise known as an informer. Eyewitness misidentification are 75% of exonerations. “An exoneration is when someone is freed from guilt or blame” (Exoneration 1). Eyewitness misidentification is the single largest cause of false imprisonment in the United States. Improper forensic science is 50% of exonerations. Methods like bite mark and shoe print analysis can be used,but often have no scientific accuracy. False confession is 25% of exonerations. The suspect may think they will be better off if they confess or would just …show more content…

Force could be used physically,like holding someone down,but it is not required. An example would be of an armed robber yelling for the customers to get down,threatening to shoot them. The robber would be holding everyone against their will. Physical barriers can also be used,items like doors,locks or cars as an example. Holding someone’s property against their will so they are unable to leave is also false imprisonment. Examples would include holding onto their car keys,so that the victim cannot leave. More steps need to be taken to prove someone is guilty. The Government makes many errors, and police have shown misconduct,along with prosecutors and forensic officials. “DNA exoneration is the process of a person being proved innocent post-conviction through DNA testing and evidence” (DNA Exoneration 1). In the United States,there have been 1467 exonerations, 321 involving DNA (DNA Exoneree Case Profiles). The average length of sentence time served by DNA exonerees is 13.6 years. The total number of years served by all DNA exonerees is 4,156 years (Bluhm Legal Clinic: Center on Wrongful

You May Also Find These Documents Helpful

  • Good Essays

    According to Smalarz and Wells (2014), the leading cause of wrongful convictions is eyewitness misidentification. Smalarz and Wells described a unique case where a rape victim, JT, had the opportunity to correctly identify her attacker. JT’s lawyer had received reports of her attacker bragging about getting away with the rape while he was in prison for another crime. The victim, JT, incorrectly identified the attacker, she actually choose the same person she choose in her first line up after the assault. The information JT’s lawyer presented her had essential information on the case and to convict the culprit but, the timing of the information was received too late.…

    • 1411 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Problems:The problem with dna evidence is there’s ways to avoid it.Ways you can avoid it is by wearing a mask,gloves,and clean things you touched.The reason you need to do that is because there are things that will help it.Those things that help it is cameras,people,evidence,and weapons.There are so many things to do to avoid dna evidence.So many things to list in one paragraph.There may be lots of problems with dna evidence but, there’s no easy way to avoid it.One thing I learned about avoiding dna evidence is by a tv series.The tv serie Is called dexter.It is about this guy who growed up as a killer.He learned from his dad how to stay out of trouble.…

    • 377 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Unit 6 Assignment

    • 836 Words
    • 3 Pages

    There are several reasons that wrongful convictions happen, and essentially what it boils down to is errors of either the criminal justice professional, or the eyewitness testimony. In many of the cases of wrongful conviction there were a lot of the same errors that led to the conviction of innocent people. Errors in eyewitness identification; in some cases the eyewitness was pressured into identifying someone, even if they were not sure. Antiquated forensic testing; in many cases outdated equipment and methods had been use during forensic tests, which lead to inaccurate results. Testimony by questionable informants; during the trials there were witness testimonies that were questionable, because their stories were not straight, or the witness themselves had a background that would make their story questionable. These are just a few of many reasons why innocent people were incarcerated.…

    • 836 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Chapter 5 describes how, within the last century, mounting scholarly evidence has exposed institutional flaws within our judicial and police systems, resulting in the convictions of innocent persons for capital crimes. In some cases, overzealous behavior by police and prosecutors, led to the imprisonment of “factually” innocent defendants. While police sometimes coerced confessions or failed to conduct full investigations, prosectors and judges failed to evidence which might exonerate the defendant. Other judicial violations found through study included failure to follow courtroom procedures related to rule of law. One of the first wrongful conviction initiatives was through a congressional investigation in 1912. Although a noble undertaking for its time, the reports was flawed in its evidentiary compilation. The data was poorly collected and its findings poorly deduced. According to the report, no innocent person had been executed by the Federal government.…

    • 509 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Since 1992, almost three hundred people in the United States have been exonerated by the Innocence Project. What this means is that almost three hundred people have been acquitted for a crime that they were falsely convicted of committing and were then released back into society. Many of these false convictions were the result of a lack of technology back in the time of the trials which lead to unvalidated or improper use of forensic science. Some additional reasons that people are wrongfully convicted are misidentifications from eyewitnesses and false confessions. In this paper, I plan to write about Kenneth Ireland. His story shows how wrongful convictions and exonerations are issues in the United States.…

    • 1763 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Falsely confessing to a guilty plea is another way in which wrongful convictions may be mete out. However, if a person is truly innocent, what would be so strong so as to compel them to plead guilty? One logical answer is that when the potential to be convicted of a crime exists and carries a mandatory sentence with it, it may be better to plead to a lesser crime, which may carry a lower sentence and allow for a conditional sentence. Stat on number of wrongful convictions. Even a single wrongful conviction is a travesty and injustice to the…

    • 1521 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    DNA Evidence Free Wrongly Convicted People DNA testing can be used to free wrongly convicted people like Kennedy Brewer and Herman Atkins. Too many people get charged for crimes they did not commit. Kennedy Brewer and Herman Atkins are both examples of wrongly convicted people. On April 8th 1986, in Lake Elsinore, a female clerk was working at a shoe store when sometime between 11:30 AM and 12:00 PM, she was raped and robbed at gunpoint.…

    • 732 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Results from the researchers questionnaire sent to exonerated individuals, Innocence Project attorneys, and incarcerated inmates claiming innocence will be analyzed thoroughly based off the information of the individual’s charges, sentence served, reasons they were wrongfully convicted, key evidence that reversed the initial charges, and reasons that made it difficult for inmates to have access to post-conviction procedures. Feedback from the Innocence Project attorneys and incarcerated but claiming innocent inmates will also be analyzed. These results will be compared and put together for an explanation regarding the reasons that lead to wrongful convictions. Results leading to inaccurate eyewitness identification as the top reason that leads toward wrongful conviction and poor development of eyewitness identification procedures would confirm the hypothesis. However, if results showed otherwise, with inaccurate eyewitness identification as not the most common element and statistics show eyewitness identification procedures are frequently developed and improved, this type of result will disconfirm the researchers…

    • 2617 Words
    • 11 Pages
    Better Essays
  • Better Essays

    The innocence project and forensic science are two forms that can help determine who the actual preparatory was and can help people who have been wrongly convicted in a crime he/she did not commit. In many cases the forensic such as DNA, blood sample, or semen and other evidence that have been lost or even wrongly tested can end up becoming a big mistake that can send someone to jail that did not commit the crime. In the article, Forensic Problems and Wrongfully Convictions (2009) states that, the most wrongful convictions involve more than one contributing cases, for example, if an eyewitness may have wrongly identified an innocent person, and in the same case a forensic analyst may have testified that hairs from the crime scene match the defendant’s hair. In the jury’s eyes, the eyewitness testimony is strengthened by the forensic evidence (Forensic Problems and Wrongfully Convictions, 2009). Not always the eye witnesses are right with what they say so having the right forensic evidence can help with determine who is actually the perpetrator. Such as this case were the eyewitness was not so good and also a lot of the evidence was miss communicated.…

    • 1479 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    These wrongful convictions played a major role in more than 75% of wrongful convictions overturned by DNA testing (The Innocence Project, 2010). Although eyewitness testimony can be critical evidence before a judge or jury; 30 years of strong social science research has proven that eyewitness identification is often unreliable. The research which was conducted by the Innocence Project revealed that the human mind is not like a tape recorder or video camera; we neither record events exactly as we see them, nor recall the instance exactly how it occurred. Nevertheless, witness memory is like any other evidence at a crime scene, it must be documented carefully and retrieved methodically and quickly, or it can be contaminated (The Innocence project 2010). We as people can carry fibers, through our clothing, skin and hair that can cause the contamination of a crime scene just by not following proper procedure. Furthermore, in these types of cases, DNA has proven what scientists already know, that eyewitness identification is frequently…

    • 2876 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    An example would be, Brandon Moon of Kansas City, Montana who served nearly 17 years for the rape of an El Paso woman before DNA test determined he was not responsible. Another example is when Ryan Matthews a Louisiana man who sat on death row for five years before he was exonerated. More than 150 people who were convicted in 31 states served a total of 1,800 years in prison for crime s they did not commit. All were exonerated due to DNA evidence.…

    • 914 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    While it is important to understand the causes of wrongful convictions, there are gaps related to the research on each of the specific contributing factors in exoneration cases as well as the total number of…

    • 157 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Jones-Brown, D. (2001). Fatal Profiles: Too many 'tragic mistakes ' not enough justice. New Jersey Lawyer, 207(1), 48-53.…

    • 1808 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Racial Profiling

    • 1204 Words
    • 5 Pages

    Wood, Mary. “Study of First 200 DNA Exonerations Shows Flawed Criminal System” law.virginia.edu, July 23, 2007.…

    • 1204 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Wrongful conviction can be described as a miscarriage of justice or an unfair decision in a court of law. It is important to identify wrongful convictions and find ways to reduce or eliminate the causes. We need to free the wrongly prosecuted through DNA testing and help…

    • 1347 Words
    • 6 Pages
    Good Essays