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The purpose of this paper is to get a better understanding of issues related to wrongful convictions. Peer-reviewed articles and books on this subject matter will be reviewed and analyzed. The most attention is devoted to such aspects as preventive measures. Suggestions that could help to resolve current problems are also provided.
Individual Project
Introduction
It is imperative to mention that the prominence of wrongful convictions in a topic that is frequently discussed by scholars and has led to many disagreements. Many investigators and judges were incompetent in some situation in the past, and it has caused many tragedies. The judicial system in the United States is focused on the improvement of current approaches because its weaknesses are recognized.
Discussion
One of the recent studies suggests that close to 4,1 percents of individuals sentenced to death are innocent (Gross, O’Brien B., Hu, & Kennedy, 2014). The real numbers cannot be known, and it is nearly impossible to take all of the factors into account, but such figure is statistically significant and should not be overlooked. Another research suggests that the number of such incidents is approximately ten thousand each year in the U.S. (Huff & Killias, 2010). It is possible to argue with the instruments utilized to conduct a study, but such results also should be acknowledged. The situation becomes particularly problematic when death penalties are involved, and it is an enormous problem from the perspective of ethics. Moreover, public’s trust in the judicial system is also affected. Results of one of the studies indicate that an enormous percentage of participants believe that the system needs to be reformed (Zalman, Larson, & Smith, 2012).
The complaints are justified because some of the cases are truly shocking, and the lack of competence demonstrated is quite worrying. The primary issue that should not be overlooked is that investigators are not punished in case of misconduct. Moreover, their rewards are dependent on the number of cases that they manage to solve, and convictions also play a vital role (Jones, 2012). Therefore, this leads to a particular kind of behavior. Also, many individuals are forced to plead guilty because the punishment that they have to deal with if they lose a trial is enormous. Eyewitness identification procedure needs to be altered because it has many weaknesses. Some complications occur during a custodial interrogation, and an individual may make inappropriate claims when being restrained. Such aspects as communication barriers should be respected, and every person should be provided with necessary information regarding their rights. Background information collected by offender processing units also can be vital, and must be analyzed.
Innocence Protection Act of 2011 is crucial, and its primary objective is to ensure that innocent people are not affected. The introduction of new technologies played a vital role, and the use of DNA testing has improved the accuracy of such courts significantly (Siegel & Worrall, 2012). The access to this technique is vital because it may help to produce new evidence that could have an impact on the case. The presumption of innocence is also paramount and protects individuals that did not commit the crime (Schmalleger, 2012). Investigators are trying to determine if a person’s behavior is reasonable. A rational choice theory is often applied, and it is focused on potential benefits that could have motivated an offender. Social learning approach is also appropriate, and associated people should be interviewed (Akers, 2013). However, the current system needs to be improved, and various perspectives should be acknowledged. For instance, every citizen may request additional testing if he or she believes that he was unfairly prosecuted. Communication patterns between criminal justice institutions should be improved. A court system is the most problematic component that needs to be revised because it is responsible for most of the decisions. Barriers that could prevent appeals also should be eliminated, and it is complicated because of correctional agencies that treat views all individuals that entered the facilities as guilty. Competence levels of attorneys should be assessed quite often to ensure that their behavior is appropriate, and they are aware of latest policies. A person that has proved his or her innocence should go through an acquittal. Charges must be dismissed without any delay, and compensations should be provided.
It is suggested that torture is the primary method utilized to get confessions in China, and this situation is unacceptable. Several provisions were quite helpful, but other alterations are also required (Jiahong, 2014). The situation in Canada is also quite problematic because of the lack of consistency across all the regions. One of the aspects that should be highlighted is that the investigation of related claims is only conducted by the government, and it would be reasonable to involve an independent agency. A twenty percent rate suggested by one of the studies is not acceptable, and much more attention should be devoted to accuracy (Grossman & Roberts, 2011). The problem also affects the United Kingdom, and it is not surprising because appropriate measures are not taken in some cases. For instance, one of the studies suggests that Criminal Case Review Commission did not use DNA testing on numerous occasions to minimize the expenses. The authors suggest that the justice system should utilize all available techniques to guarantee the reliability of convictions (Naughton & Tan, 2010).
Conclusion
In conclusion, it is possible to state that wrongful convictions are problematic across the globe. The primary reason is that some of the techniques are quite outdated, and policymakers are reluctant to make significant changes because the system has been established over many years. However, it is entirely possible that the number of such cases is going to reduce in the future if appropriate policies are introduced and modern technologies are utilized.
References
Akers, R. L. (2013). Criminological theories: Introduction and evaluation (2nd ed.). New York, NY: Routledge.
Gross, S. R., O’Brien B., Hu, C., & Kennedy, E. H. (2014). Rate of false conviction of criminal defendants who are sentenced to death. Proceedings of the National Academy of Sciences, 111(20), 7230-7235.
Grossman, M. G., & Roberts, J. V. (2011). Criminal Justice in Canada: A Reader (4th ed.). Toronto, CA: Nelson Education.
Huff, C. R., & Killias, M. (2010). Wrongful conviction: International perspectives on miscarriages of justice. Philadelphia, PA: Temple University Press.
Jiahong, H. (2014). Wrongful convictions and exclusionary rules in China. Frontiers of Law in China, 9(3), 490-505.
Jones, J. A. (2012). Wrongful conviction in the American judicial process: History, scope, and analysis. Student Pulse, 4(8), 1-3.
Naughton, M., & Tan, G. (2010). The Right to Access DNA Testing by Alleged Innocent Victims of Wrongful Convictions in the United Kingdom? The International Journal of Evidence & Proof, 14(4), 326-345.
Schmalleger, F. J. (2012). Criminal justice today (12th ed.). New York, NY: Pearson Education.
Siegel, L. J., & Worrall, J. L. (2012). Essentials of criminal justice (8th ed.). Boston, MA: Cengage Learning.
Zalman, M., Larson, M., & Smith, B. (2012). Citizens’ attitudes toward wrongful convictions. Criminal Justice Review, 37(1), 51-69.
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