Wrongful Convictions
“UNDUE PROCESS”
WRONGFUL CONVICTIONS AND VIOLATIONS OF CIVIL LIBERTIES
Latrina Dickerson
Master of Arts in Liberal Studies
Clayton State University, Morrow, Georgia
February, 2013
“UNDUE PROCESS”
Wrongful Convictions and Violations of Civil Liberties
Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the occurrence of wrongful conviction in criminal trials and the effect of DNA testing on bringing attention to the alarming frequency of these unjust judicial outcomes. Through an examination of previous wrongful conviction research and appellate court rulings, this paper will also explore the extent to which permitting wrongful convictions to be upheld constitutes a violation of civil liberties. Finally, this paper will discuss an important contradiction that advancements in science have exposed within our criminal justice system; while DNA technology and other advanced forensic techniques are increasingly being relied upon to secure criminal convictions, the justice system seems to be correspondingly reluctant to consider these forms of evidence for the purposes of overturning the convictions of the factually innocent. Ultimately, this paper will demonstrate a need for reform in the criminal justice system.
Introduction
A lot of research has been carried out in the area of wrongful convictions in the past few years, reflecting the increasing concern for authentic justice in the criminal justice system. Criminal procedure experts do not seem to have been involved in actual dialogue with criminologists in
WRONGFUL CONVICTIONS AND VIOLATIONS OF CIVIL LIBERTIES
Latrina Dickerson
Master of Arts in Liberal Studies
Clayton State University, Morrow, Georgia
February, 2013
“UNDUE PROCESS”
Wrongful Convictions and Violations of Civil Liberties
Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the occurrence of wrongful conviction in criminal trials and the effect of DNA testing on bringing attention to the alarming frequency of these unjust judicial outcomes. Through an examination of previous wrongful conviction research and appellate court rulings, this paper will also explore the extent to which permitting wrongful convictions to be upheld constitutes a violation of civil liberties. Finally, this paper will discuss an important contradiction that advancements in science have exposed within our criminal justice system; while DNA technology and other advanced forensic techniques are increasingly being relied upon to secure criminal convictions, the justice system seems to be correspondingly reluctant to consider these forms of evidence for the purposes of overturning the convictions of the factually innocent. Ultimately, this paper will demonstrate a need for reform in the criminal justice system.
Introduction
A lot of research has been carried out in the area of wrongful convictions in the past few years, reflecting the increasing concern for authentic justice in the criminal justice system. Criminal procedure experts do not seem to have been involved in actual dialogue with criminologists in
References: Acker, J. R. (2010). WRONGFUL CONVICTIONS THEN AND NOW: LESSONS TO BE LEARNED Bach, A. (2010). EXTRAORDINARY WRONGFUL CONVICTIONS, ORDINARY ERRORS--WHY MEASUREMENT MATTERS Balko, R. (2011). Wrongful Convictions. Reason, 43(3), 20-33. Edmond, G. (2002). "Constructing miscarriages of justice: Misunderstanding scientific evidence in high profile criminal appeals." Oxford Journal of Legal Studies 22 (1): 53–89. Gould, J. B., & LEO, R. A. (2010). ONE HUNDRED YEARS LATER: WRONGFUL CONVICTIONS AFTER A CENTURY OF RESEARCH Johnson, S. (2012, April 19). RIGHTING WRONGFUL CONVICTIONS. New York Amsterdam News Leo, R.A. & Gould, J.B. (2009). Studying Wrongful Convictions: Learning From Social Science, OHIO STATE JOURNAL OF CRIMINAL LAW 7(7). McMunigal, K. C. (2007). GUILTY PLEAS, BRADY DISCLOSURE, AND WRONGFUL CONVICTIONS Moulton, S. R., (1937). The Boorn Mystery/An Episode from the Judicial Annals of Vermont, Vermont Historical Society Natapoff A. (2010). Beyond Unreliable: How Snitches Contribute to Wrongful Convictions, Golden Gate University Law Review 37 (1) Natapoff, A. (2012). Secret Justice: Criminal Informants and America’s Underground Legal System Rafter, N. (1990). "The social construction of crime and crime control.". Journal of Research on Crime and Delinquency 27 (4): 376–389. Roach, K. (2010). Wrongful Convictions: Adversarial and Inquisitorial Themes. North Carolina Journal of International Law & Commercial Regulation, 35(2), 387-446. Smith, B., Zalman, M., & Kiger, A. (2011). How Justice System Officials View Wrongful Convictions Yaroshefsky, E. (1999). Cooperation with Federal Prosecutors: Experiences of Truth Telling and Embellishment, 68 FORDHAM L