A non-profit Virginia based organization called "Truths in Justice" created a presentation regarding wrongful convictions and the truth behind the injustice. Let us start by reiterating some of the common myths that people have about wrongful convictions.
by JoanneAikaCastillo
A non-profit Virginia based organization called "Truths in Justice" created a presentation regarding wrongful convictions and the truth behind the injustice. Let us start by reiterating some of the common myths that people have about wrongful convictions.
- All prisoners claim to be innocent.
- People who live on the edge are the only ones charged with crimes they didn't commit.
- People who were exonerated must have done something to get charged in the first place.
- Exoneration proves that the justice system works.
- Believing in the idea of "it can't happen to me".
According to statistics, 5% - 10% of the US prison population are in fact innocent of the crimes being accused to them. This means that there are 200,000 wrongfully accused people in prison and 90% of them actually pled guilty of their crime. A lot of people find it unbelievable why some of these suspects actually allowed themselves to be convicted of a crime they didn't commit in the first place. It's depressing how some of us just accept the fact that wrongful convictions are considered a negligible part of what is otherwise a just system. Through recent research, here are the top reasons why wrongful convictions happen.
1. Eye Witness Error - Due to confusion or faulty memory, eye witnesses commit mistakes in pointing out the real suspect. There are police investigators who manipulate witnesses to convict a target suspect by using underhand techniques such as six photo spread of similar looking photos and composite sketches of the alleged suspect.
2. Junk Science - The use of debunked theories, erroneous DNA matching, testaments of unqualified experts, tampering and concealing all result to a fraudulent and inaccurate evidence.
3. Government Misconduct -This pertains to both the police and the prosecution misconduct. Police officers sometimes just choose a random suspect just to have one. Some are also reported to use manipulative tactics to force untruthful confessions. As for the prosecutors, there are cases when they knowingly present false testimonies, misrepresent and manipulate evidence to coerce a guilty plea.
4. Bad Defense Lawyering - This refers to lawyers who do nothing for a case. Contrary to what many people believe, both public and private attorneys are guilty of bad lawyering. Ineffective lawyers do not perform thorough investigations, do not verify the validity of expert witnesses, performs inadequate cross examinations, and unimpressive skills during court trials.
5. False Confessions - This is caused by mentally challenged witnesses or simply those who were forced to give out false confessions due to police torture and bribery.
6. Snitch Testimony - Police officers often scour the prison houses to pick up snitches who are willing to abduct a suspect in exchange for sentence reduction.
7. Others - Hearsay and other insubstantial evidence fall under this category.
The process of overturning wrongful convictions requires a complex process. With the help of a civil rights lawyer, the complainant will undergo several criminal, civil, and administrative proceedings to prove the claim. If successful, the complainant should file a separate civil action to receive a compensation. This will entail a similar series of complex court proceedings until prosecution misconduct has been proven. The complainant will receive fees and compensation for the physical and emotional damages, lost wages, and medical expenses.
About the Author:
Joanne Aika Castillo is an experienced legal researcher. Her specialization includes wrongful conviction and civil rights cases. For additional information about civil rights violations, please visit Dolan Law Offices today.
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