Why Wrongful Convictions Happen
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.
- The idea that 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.
- Exoneration proves that the justice system works.
- The notion of it can't happen to me.
Statistics indicate that 5% to 10% of the entire US prison population are factually innocent of the crimes accused to them. Furthermore, the numbers tell us that there are 200,000 innocent people in prison and 90% of them have actually pled guilty of their crime. People find it unbelievable why these people allowed themselves to be accused by crimes they didn't commit. The public assumes that false accusations, false evidence, and wrongful convictions are just minimal anomalies in a supposedly well functioning justice system.
But as research shows, here are some of the most common reasons why wrongful convictions happen:
1. Eye Witness Error - This has been tagged as one of the primary reasons why wrongful convictions happen. Eye witnesses either suffer from confusion or faulty memory that's why they ended up convicting innocent people. Other times, the police are at fault for using illegal tactics to manipulate eye witnesses to accuse a target suspect. The six photo spread technique uses similar photos of the alleged suspect to make the face become more familiar. Some police investigators use composite sketches which match the alleged suspect's photo.
2. Junk Science - This refers to using mishandled or fake evidence such as obsolete theories and erroneous DNA matching. Also the use of unqualified experts who lie about the results of tests through concealing and tampering results to inaccurate evidence.
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 - This applies to both public and private attorneys. Lawyers who fail to perform thorough investigations, ineffective cross examinations, and non verification of state witnesses are all guilty of bad lawyering.
5. False Confessions - This results if a witness is mentally retarded or has experienced police torture.
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 questionable and circumstantial evidence fall under this category.
Overturning wrongful convictions requires the plaintiff and the civil rights attorney to undergo a complex process of civil, criminal, and administrative proceedings in state and federal courts. Filing for a compensation requires a separate civil action. If the prosecution is guilty of misconduct, the plaintiff will not only be granted exoneration but also a compensation for all the damages, physical and emotional suffering, and lost wages.
Author Resource:
Article Directory: www.articledashboard.com
Kimberly Chaser is a legal researcher and writer. Her research focuses on wrongful convictions and civil rights violations. To read more information on civil rights lawsuits, please visit Dolan Law Offices now.