Flaws In The Justice System
GUILTY UNTIL PROVEN INNOCENT
Debra Baker
Comm/156
April 06, 2014
Adam Meehan
University of Phoenix
GUILTY UNTIL PROVEN INNOCENT There is a problem with our justice system. When a person is arrested and they are innocent, one of the first questions they will ask is what about my rights. Nowhere in the Constitution of the United States of America or the Bill of Rights, is it written that a person is innocent until proven guilty. There have been people on death row and some that have already been put to death even though they were innocent. Our justice system has changed and improved over the years. There is now DNA testing that has been used to overturn some of the convictions of innocent people that are incarcerated. However it …show more content…
is still known that some law enforcement officers have used interrogation to make a suspect confess to a crime they did not commit. Another problem is the way witness statements and lineups that are conducted. Even though they are improving on this, but it did not help the real victims that are in jail and prison that have lost their complete lives. Individuals found not guilty are still incarcerated, and some put to death. Has the justice system failed the rights of being innocent until proven guilty. Innocent citizens are incarcerated and some have been put to death. Others on death row are innocent of the crimes that they are accused of committing. It is not written anywhere not even in the Constitution of the United States or the Bill of Rights that a person is innocent until proven guilty. In the Bill of Rights under Amendment VI, it states “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” A person that has been wrongfully convicted is one that has not committed any crimes. Although they are found guilty until proven innocent. This wrongful conviction not only destroys lives of innocent victims of our justice system, but it allows those that are guilty to be free. The rate of convictions for crimes over precedes those that are exonerations. (Mitchell, 2013). There are several flaws in the justice system and many different reasons this injustice occurs.
The number one problem is the eyewitness identification. More than 75% of the convictions are from misidentification of the witness. The problem with eyewitness is their perception and memory when they recall the incident. Before DNA was used to overturn most of the convictions due to the witnesses’ misconception the police stations would have the witness look at photos to identify their assailant. After which time the victim was called back in to the police station to identify the person that commit a crime against them in a line-up. Only years ago the law enforcement officer during the lineup would only have the person that they thought committed the crime in the lineup. During the instructions for the victim, the officers would couch the victim to choice the suspect that they focused on. The existing practice for a line-up has been replaced with the witness viewing one suspect at a time. This reduces the chances of misidentification. (Mitchell, 2013). The next flaw in the justice system is the over site of evidence. When DNA was collected and evidence for a particular case the evidence that was presented during a trail once completed most of the evidence was lost or …show more content…
destroyed. The next problem with the justice system is the case with attorney client confidentiality law. An innocent man named Alton Logan has served 26 years for a murder that he claims he did not commit. A man by the name of Andrew Wilson committed the murders. He was protected be the confidentiality law. His attorney knew that Wilson committed the murders but was not allowed to reveal this information until Wilson death. “Even though there was a shell casing at the scene in connection with Wilson. (Joy & McMunigal, 2010) Logan was arrested for the murder of Lloyd Wickliffe and was identified by a witness. (Joy & McMunigal, 2010). Therefore, the police did not arrest Wilson. Edgar Hope confessed to his attorney that Logan had nothing to do with the murder and that it was Wilson that shot Wickliffe. There is a consideration to amending Rule 1.6 of the Model Rules of Professional Conduct that would allow information to prevent another from being convicted of a crime when they are indeed innocent. (Joy & McMunigal, 2010). The next injustice is the way that interrogations are handled. Before 1994, there was no electronic recording of the interrogation. This leaves an open question on a person that is considered to be a suspect. Without the recording of the interrogation, there is no proof that the suspect was read the Miranda rights, and any waiver given by the suspect. (Mitchell, 2005). The police are prone to tunnel vision, once they have a suspect they will focus on that one person and not further any evidence that will help build for a conviction. During the process of interrogation police have been known to question a suspect to the point of exhaustion. The suspect being interrogated has been given information about the crime and the suspect is told that they are facing certain amount of time in prison. If they plead guilty to a lesser charge they will be released earlier. With a plea bargain, it satisfies everyone involved. The other problem with this is that the district attorney and prosecutions lawyers agree to this false confession for a lesser sentence even if the suspect is completely innocent. (Mitchell, 2013). However when it comes to the question of the justice system needing to have a reform there is mixed opinions to this.
The judges, prosecuting attorneys, district attorney’s office and most law enforcement are against a reform. They feel that the percentage is too low of innocent people being incarcerated. On the other hand, there are some judges and defense lawyers that claim that the rate is higher than reported and feel that the justice system can use a reform. Forensic science has come a long way with DNA, and using science to protect the innocent. We still have a long ways to go to keep the innocent from becoming a victim. With laws changing and the way that evidence is handled and recorded is a significant step in the right direction. We cannot change those that have already lost their lives due to the justice system. We can protect those now that are innocent and free those that are incarcerated under false
judgment.
Jump to first hit
References
Joy, P. A., & McMunigal, K. C. (2010, June 09). Confidentiality and wrongful incarceration. Crimal Justice, 23(02), 46-49.
Mitchell, J. (2013,March/April). Wrongful Conviction. Judicature, 96(5), 242-244.
Mitchell, W. (2005, February 10). Local law enforcement conference looks at preventing wrongful conviction. Retrieved from http://www.hennepinattorney.org/news
Smith, B., Zalman, M., & Kiger, A. (2011, August 09). Crime and Delinquency. Retrieved from http://cad.sagepub.com
Debra Baker
Comm/156
April 06, 2014
Adam Meehan
University of Phoenix
GUILTY UNTIL PROVEN INNOCENT There is a problem with our justice system. When a person is arrested and they are innocent, one of the first questions they will ask is what about my rights. Nowhere in the Constitution of the United States of America or the Bill of Rights, is it written that a person is innocent until proven guilty. There have been people on death row and some that have already been put to death even though they were innocent. Our justice system has changed and improved over the years. There is now DNA testing that has been used to overturn some of the convictions of innocent people that are incarcerated. However it …show more content…
is still known that some law enforcement officers have used interrogation to make a suspect confess to a crime they did not commit. Another problem is the way witness statements and lineups that are conducted. Even though they are improving on this, but it did not help the real victims that are in jail and prison that have lost their complete lives. Individuals found not guilty are still incarcerated, and some put to death. Has the justice system failed the rights of being innocent until proven guilty. Innocent citizens are incarcerated and some have been put to death. Others on death row are innocent of the crimes that they are accused of committing. It is not written anywhere not even in the Constitution of the United States or the Bill of Rights that a person is innocent until proven guilty. In the Bill of Rights under Amendment VI, it states “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” A person that has been wrongfully convicted is one that has not committed any crimes. Although they are found guilty until proven innocent. This wrongful conviction not only destroys lives of innocent victims of our justice system, but it allows those that are guilty to be free. The rate of convictions for crimes over precedes those that are exonerations. (Mitchell, 2013). There are several flaws in the justice system and many different reasons this injustice occurs.
The number one problem is the eyewitness identification. More than 75% of the convictions are from misidentification of the witness. The problem with eyewitness is their perception and memory when they recall the incident. Before DNA was used to overturn most of the convictions due to the witnesses’ misconception the police stations would have the witness look at photos to identify their assailant. After which time the victim was called back in to the police station to identify the person that commit a crime against them in a line-up. Only years ago the law enforcement officer during the lineup would only have the person that they thought committed the crime in the lineup. During the instructions for the victim, the officers would couch the victim to choice the suspect that they focused on. The existing practice for a line-up has been replaced with the witness viewing one suspect at a time. This reduces the chances of misidentification. (Mitchell, 2013). The next flaw in the justice system is the over site of evidence. When DNA was collected and evidence for a particular case the evidence that was presented during a trail once completed most of the evidence was lost or …show more content…
destroyed. The next problem with the justice system is the case with attorney client confidentiality law. An innocent man named Alton Logan has served 26 years for a murder that he claims he did not commit. A man by the name of Andrew Wilson committed the murders. He was protected be the confidentiality law. His attorney knew that Wilson committed the murders but was not allowed to reveal this information until Wilson death. “Even though there was a shell casing at the scene in connection with Wilson. (Joy & McMunigal, 2010) Logan was arrested for the murder of Lloyd Wickliffe and was identified by a witness. (Joy & McMunigal, 2010). Therefore, the police did not arrest Wilson. Edgar Hope confessed to his attorney that Logan had nothing to do with the murder and that it was Wilson that shot Wickliffe. There is a consideration to amending Rule 1.6 of the Model Rules of Professional Conduct that would allow information to prevent another from being convicted of a crime when they are indeed innocent. (Joy & McMunigal, 2010). The next injustice is the way that interrogations are handled. Before 1994, there was no electronic recording of the interrogation. This leaves an open question on a person that is considered to be a suspect. Without the recording of the interrogation, there is no proof that the suspect was read the Miranda rights, and any waiver given by the suspect. (Mitchell, 2005). The police are prone to tunnel vision, once they have a suspect they will focus on that one person and not further any evidence that will help build for a conviction. During the process of interrogation police have been known to question a suspect to the point of exhaustion. The suspect being interrogated has been given information about the crime and the suspect is told that they are facing certain amount of time in prison. If they plead guilty to a lesser charge they will be released earlier. With a plea bargain, it satisfies everyone involved. The other problem with this is that the district attorney and prosecutions lawyers agree to this false confession for a lesser sentence even if the suspect is completely innocent. (Mitchell, 2013). However when it comes to the question of the justice system needing to have a reform there is mixed opinions to this.
The judges, prosecuting attorneys, district attorney’s office and most law enforcement are against a reform. They feel that the percentage is too low of innocent people being incarcerated. On the other hand, there are some judges and defense lawyers that claim that the rate is higher than reported and feel that the justice system can use a reform. Forensic science has come a long way with DNA, and using science to protect the innocent. We still have a long ways to go to keep the innocent from becoming a victim. With laws changing and the way that evidence is handled and recorded is a significant step in the right direction. We cannot change those that have already lost their lives due to the justice system. We can protect those now that are innocent and free those that are incarcerated under false
judgment.
Jump to first hit
References
Joy, P. A., & McMunigal, K. C. (2010, June 09). Confidentiality and wrongful incarceration. Crimal Justice, 23(02), 46-49.
Mitchell, J. (2013,March/April). Wrongful Conviction. Judicature, 96(5), 242-244.
Mitchell, W. (2005, February 10). Local law enforcement conference looks at preventing wrongful conviction. Retrieved from http://www.hennepinattorney.org/news
Smith, B., Zalman, M., & Kiger, A. (2011, August 09). Crime and Delinquency. Retrieved from http://cad.sagepub.com