Crime
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There are several reasons for wrongful convictions. Half of the wrongful convictions can be blamed on police misconduct and other wrongful convictions included false statements and mistaken identity. Wrongful convictions could and should be prevented. One of the most common forms of police misconduct is use of force. We can reduce and eliminate wrongful convictions by punishing police and witnesses who conduct illegal activity and lie on the stand under oath.
Introduction
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 educate the public that wrongful convictions are not isolated or rare events that happen. The major causes of wrongful convictions that occur now days are police misconduct, false statements, and mistaken identity.
Causes
According to Barry Scheck, there are several reasons for wrongful convictions. He claims 84% of convictions are due to mistaken identity. He continues by stating that 23% of the time individuals make false confessions. Scheck states that police misconduct is another leading cause of wrongful convictions. Police misconduct happens in 50% of cases. Out of 100 wrongful convictions police misconduct can be blamed for 50 of those. These numbers are staggering. Between witnesses making false statements and police abusing their powers a large number of wrongful convictions could and should be prevented.
While researching why mistaken identities, false confessions, and police misconduct are major causes in wrongful convictions the following information was discovered. The Center for Wrongful Convictions informs us that many mistaken identities have been cleared due to DNA. The Center for Wrongful Convictions also states there are a few reasons for mistaken identities. Sometime eye witnesses testify to receive leniency or immunity from other charges. These cases the witness has an obvious reason for lying. Every once in a while a witness will lie out of spite. Witnesses who lie to seek revenge are often believable. In most cases, there may be other circumstantial evidence along with the witness to make the jury convict.
Why would a person confess to a crime they did not commit? The Center for Wrongful Convictions did a study in the state of Illinois. In Illinois they found 42 wrongful murder convictions. Twenty-five of those wrongful convictions were due to false confessions. The study also explained it is hard to pin point why a person would confess to a crime they did not commit. The reasons are numerous. Police do not look for another suspect. Prosecutorial and police misconduct are causes. At times when fraudulent forensics takes place the police are able to convince the suspect to confess. A leading cause may be ineffective assistance of defense counsel. As some suspects may not be aware of their constitutional rights they are often coerced into making a false confession.
What kind of police activity would lead to a wrongful conviction? One of the most common forms of police misconduct is use of force. Officers physically or mentally torture suspects. Many wrongful convictions are due to police brutality. Police also mishandle evidence leading to a wrongful conviction. Officers who discriminate also cause wrongful convictions. Discrimination leads to wrongful arrest and wrongful convictions. Police often times deprive suspects of attorneys. They trick the suspect into believing he or she does not need an attorney. Police misconduct is one of the leading causes of wrongful convictions.
Eliminate
How do we reduce or eliminate wrongful convictions? We may not be able to completely stop wrongful convictions, but there are ways to decrease innocent people being convicted of a crime. According to Barry Scheck a few ways to prevent wrongful convictions are as follows:
– do not do identifications in groups
– videotape all interrogations
– seek money such as the Innocence Protection Act
– lobby for compensations statutes that reimburse individuals who were wrongfully convicted
– punish police harshly who conduct illegal activities
– punish witnesses harshly who lie on the stand
If police and witnesses were punished harshly innocent people may not be sent to prison. If you hit the government in the pocket book they may keep a closer eye on what is going on. The above mentioned are only a few of the many ways we could stop wrongful convictions.
Elimination of wrongful convictions leads to a decrease in crime rates. As an innocent man or woman is sent to prison the guilty person is free to commit more crimes. They have already gotten away with it and feel more confident to commit another crime. The innocent people who go to prison loose a part of their selves