Other constitutional protections such as profiling are equally susceptible to manipulation and circumvention in the field by creative articulation on police reports.
How common is wrongful conviction in our criminal justice system?
Despite all the protections incorporated into legal standards, criminal procedure, and police administration, wrongful convictions are still a possibility.
Most recently, the relatively new techniques made possible by DNA science have overturned several high-profile convictions of prisoners shown conclusively to have been wrongfully convicted of crimes they could not possibly have committed. The constitutional protections that have evolved in the United States minimize the possibility of unjust convictions. Nevertheless, it is virtually impossible to legislate against witnesses who provide erroneous, (or even deliberately false) testimony.
Wherever guilt or innocence hinges upon the requires an institutionalized respect for constitutional principles within policing that transcends the perceived importance of specific cases, even at the expense of successful investigation, interdiction, and prosecution of criminal conduct.
References
Benoit, C.A. (2006, December) Detaining Individuals at the Scene of a Search. The FBI Law Enforcement Journal, 16-25.
Garner, B.A. (2001) Black's Law Dictionary. St. Paul: West Group
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