Officiallythick

Why Wrongful Convictions Happen

Posted on 05 Jun 2011 by admin | Filled under: criminal

In a presentation made by a Virginia based non-profit organization entitled "Truth in Justice", a comprehensive statistics of the truths behind wrongfully accused people can definitely shed a light on the problems of wrongful convictions. Some of the common myths they presented about wrongful convictions include the following:

-The idea that everyone in prison claims to be innocent.

- Only those people who live on the edge are charged with crimes they didn't commit.

- People who were exonerated must have done something to get charged in the first place.

- The justice system works because exoneration exists.

- The idea of "it can't happen to me".

According to research, almost 5% to 10% of the US prison population are factually innocent of the crimes they were convicted. What this means is that almost 200,000 convicts are innocent; 90% of which pled guilty of their crime. It has been assumed by the public in recent years that false accusations, false evidence, and wrongful convictions are only part of unfortunate inconsistencies in a supposedly well functioning justice system. It is also quite unacceptable for most of us why a suspect would plead guilty of a crime he/she didn't actually commit. However 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 - This is caused by mishandled or fraudulent evidence such as debunked theories and erroneous DNA matching. Presenting unqualified experts who tamper the results of tests either through concealing or faking.

3. Government Misconduct - This refers to both police and prosecutor misconduct. Police officers have been reported to randomly pick suspects without valid evidence and also force false confessions from through manipulation. There are also some cases when the prosecution knowingly tolerate faulty evidence and false confessions just to compel a guilty verdict.

4. Bad Defense Lawyering - Lawyers who simply do not perform their duties properly. This includes lack of proper investigation, no hiring of experts, no effective cross examination, and no objections or arguments during the court trial. Contrary to popular belief, this is applicable for both public and private attorneys.

5. False Confessions - Witnesses who have experience police torture and/or bribery are likely to provide false testimonies. In rare cases, mentally retarded witnesses may also give out false confessions.

6. Snitch Testimony - Similar to the bottom fishing technique, police officers often search the jails for snitches willing to frame suspects 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.