Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program policy evaluation proposal

Executive summary

Convicting innocent people is a global concern. The problem has been brought to the fore in the US through DNA tests that have proven the innocence of some of the people already serving jail terms. So far, up to 138 people have been exonerated of the crimes they were accused and convicted of. Of the number, 13 people were on death row. Experts observe that at least 23 people have already been executed after conviction, in the US, despite their innocence. There are persistent efforts that have led to significant progress with regard to detecting and preventing people from being wrongfully convicted. There is a lot of room for improvement in this area though. Apart from the reforms highlighted and discussed in this paper, the public is increasingly becoming aware of the problem. Such awareness has helped to identify cases with potentially innocent people on trial. It has energized the campaigns to institute reforms meant to reduce the miscarriage of justice. The case between O.J Simpson and the people is a good reminder of the issues that are rarely noticed in the process of trial. This paper tries to point out the aspects of the innocence plan that require tweaking, and how such improvement can be done, with the intention of protecting the justice system from handing out wrongful convictions.

This paper will apply the survey method to gauge the perception of officers regarding how effective body cameras are, in making officers relax in the cause of their police operations. Body cameras were introduced recently by the metropolitan police authorities so as to encourage police accountability in the cause of their work. The study will use the quantitative survey approach to establish how much the officers acknowledge the body cameras effectiveness in achieving the aims intended by the policy. The survey will constitute 5 to 10 questions to be answered based on a rating scale of 1 to 5. The officers responses will be collated and analyzed with the descriptive statistical analysis approach. The main intention of the study is that once the proposal has been successfully implemented, the results will demonstrate the effectiveness level of the body cameras as perceived by the police who use them.

Table of Contents

1. Introduction 3

1.1. Program review 3

1.2. Significance of the problem 5

1.3. Significance of the evaluation 5

1.4. Motivation of the study 6

1.5. Research question 6

2. Literature review 6

2.1. Introduction 6

2.2. Unfair conviction transformations in the U.S. 6

2.2.1. Legislation and Public Policy 7

2.2.2. The Death Penalty 7

2.3. OJ Simpsons case and its impact on criminal justice 8

3. Methodology 10

3.1. Research design 10

3.2. Study tool and analysis 10

3.3. Ethical issues 10

4. Expected results 10

5. Conclusion 11

6. References 12

1. Introduction

Lately, and for the past couple of decades, the public has increasingly shown interest in the problem of wrongful convictions and miscarriage of justice in general (Huff and Killias, 2013). The phrases wrongful conviction and miscarriage of justice are used interchangeably in this case to refer to the conviction of a person who is factually innocent and people that practically played no part in the crime they are convicted for. The Innocence Project has been a major driver in the awareness campaign. The Innocence Project seeks to exonerate people that have been wrongfully convicted across the nation, through the process of DNA tests (Huff & Naughton, 2015).

There is no dispute that wrongful convictions are a growing international concern. The recent spate of exonerations, occasioned by DNA tests, in USA has brought the problem to the spotlight. It is practically impossible to arrive at an accurate number of wrongful convictions. In the US, nevertheless, estimates suggest that the rate is between 0.5 and 5 % of convicts(Huff & Naughton, 2015; Hamer, 2014). America has nearly two million people serving jail sentences. It therefore means that there are thousands of innocents that have been wrongfully convicted. It is pointed out that only 1% of innocent people brought for trial in Australia are wrongfully convicted. It, therefore, means that there are 200 innocent people serving sentence in Australia at any one point.

DNA tests have, so far, shown that 138 people are wrongly in prison in the USA. 13 people were on death row. The figures show that at least 23 innocent people have, so far, been executed (Weathered, 2003). Since some convicted cases were exonerated outside the use of DNA evidence, they have not been included in the figures discussed here.

The harrowing emotional and psychological pain that comes with wrongful convictions is not a preserve of only those nations that impose the death penalty sentence. Psychology studies show that there are serious traumas caused by wrongful convictions. The effects are said to persist way beyond the time a person was convicted (Huff & Naughton, 2015). Some of the notable signs include a personality change. The affected individuals have shown severe post traumatic disorder and accompanying behavior complexes. For people working with wrongfully convicted persons, the suffering is profound. In fact, the survival of such people, coupled by their resilience of forgiveness and grace are surprising elements.

1.1. Program review

The Innocence Movement and the Innocence Project are largely the same. The Innocence Movement is a product of affiliated initiatives of the Innocence Project. There are many local and international organizations pursuing the same cause presently under what is now referred to as the Innocence Network. The innocence Network is a set of organizations that provide assistance to the convicted people that seek to prove their innocence in courts. The network assists people with pro- bono and investigative services (The Innocence Network, 2015). The Innocence Network holds an annual conference with representatives from all affiliated organizations and people that have been exonerated from various penal institutions across the US and elsewhere. It also hosts numerous researchers, ordinary citizens and public officials (Huff & Naughton, 2015). So far, 330 people have gained their freedom through the use of DNA testing, including 20 that were on the death sentence (Huff & Naughton, 2015).

The Center for Wrongful Convictions is yet another important organization concerned with the issue of miscarriage of justice. It has its head offices at the school of Law of Northwestern University. 42 innocent people have been exonerated since the organization started in 1998. The center takes and reviews requests for revisiting cases of clients that seek court redress to prove their innocence. While the center is preoccupied with those already convicted, and seeks to rove their innocence, it, sometimes, lends a hand in retrials of cases that have been remanded after reversal. The center also has special interest in representing the youth and women. The center has generated notable articles in the area of wrongful convictions and highlights the causes therein. It has assisted in the initiation of important reform policies in several states including Illinois. It played a significant role in the creation of the National Registry of Exonerations discussed below (Bluhm Legal Clinic, 2015).

Centurion Ministries was founded in 1983 by Jim McCloskey. It was founded long before the formation of the Center for Wrongful Convictions and the Innocence Project. It was started as a non profit outfit focused in exonerating those that have been wrongfully convicted. McCloskey took interest in the subject when he was still a student at the Theological Seminary of Princeton University. He served as a chaplain at Trenton State Prison in New Jersey. While at the institution, he met Jorge De Los Santos, an inmate serving a life sentence at the institution. He came to believe that Jorge was innocent. Centurion has so far been responsible for the release and acquittal of many innocent people from jails across the US. The organization is a purely an investigative agency with no religious affiliation. Its research effort span from DNA tests to non DNA evidence. In fact it is more preoccupied with the latter, and does not charge its clients for the services (Centurion Ministries, 2016).

Criminal Justice reform commissions provide a platform for a careful review of previous rulings that may involve convictions of innocent people. Their methods vary significantly, and are guided by their jurisdiction, selection of cases for review and their mandates. They may assist in the identification of causes of errors in the wrongful convictions and provide recommendations for reforms meant to reduce miscarriages in the justice system (Huff & Naughton, 2015). Apart from helping wrongful convictions, such measures enhance the safety of the public by shifting from legalese to identifying the true offenders who might be walking free and likely to commit more offences.

The US, with its federalism tradition, where the authority of the constitution is shared and split among the 50 states and the District of Columbia, has not yet developed an innocence commission for the whole nation. Entities in government for the 11 states have created the commissions instead (The Innocence Network, 2015; Huff & Naughton, 2015). The bodies are independent, and they differ in their respective structures, mandates and focus. Nevertheless, they all investigate causes of wrongful convictions and seek appropriate remedies that could prevent such occurrences in future. Some of their recommendations include eye witness identification procedures, forensic oversight and false confessions. The commissions have critical investigative resources, independence and even subpoena power, in some cases. They are made of well respected representatives of criminal justice authorities, victims of crime and various public groups.

1.2. Significance of the problem

It is important to carefully examine the evidence presented before a court because it is part of the right to a fair trial. It is essential for all the players involved in the system to be above reproach. Such members as the jury, the police, the stage attorney and the judge, among others must be persons of high integrity. The O.J Simpson versus the people case is a good example of instances where important matters commonly pass unnoticed in the course of trial and in the justice system. Glaring revelations plague the justice system (Abramson,1996). One of the most glaring issues in the dispensation of justice and the resulting wrongful...

…situations, because of the knowledge by the officers that every action is being recorded. This survey seeks to make use of the quantitative approach to establish how much officers believe that the cameras are effective tools in achieving the policy goals.

3.2. Study tool and analysis

The survey constitutes 5 to 10 questions on a scale of 1 to 5. The responses will thus, be measured with the Likert scale to make it possible for the data to be analyzed and quantified, statistically (Creswell, 2013). The officers responses from the metropolitan survey will demonstrate response degrees; from Strongly Disagree (1) to Strongly Agree (5). The statements from the survey will incorporate such claims as body cameras are effective tools in reducing the chance to apply undue force against members of the public and cameras assist officers in deescalating situations. The responses will be summed up and analyzed with descriptive statistical analysis tools.

3.3. Ethical issues

Such ethical concerns as confidentiality will have to be dealt with because most of the officers will not want their identity to be blown. Confidentiality is an ever important aspect of conducting surveys or other research approach that makes use of personal data (Creswell, 2013). Confidentiality will be guaranteed in this study. Participants will be assured that their data will not be exposed to any outside party and will not be linked, whatsoever, to them individually. Such guarantee should help in alleviating fears of victimization or discrimination by participants regarding their participation in the study.

4. Expected results

Based on the outcome of the survey, (whether the officers mostly agree with the statements that favor the use of the body cameras or not) this study will serve to show the perception about the effectiveness of the policy by the officers who are meant to be making use of the body cameras; and thus being the implementers of the policy. Consequently, the effectiveness of the body cameras will be demonstrated from the point of view of the officers.

5. Conclusion

While no scholar worth their salt will claim that wrongful convictions do not exist, there is undue failure to reach a consensus regarding how prevalent wrongful convictions are in the US. The variable statistics are also caused by the use of different methodologies. Subjective and objective methods have been used in surveys. In some cases, researchers request judicial officers including defense lawyers, judges, sheriffs and prosecutors to estimate the rate of wrongful convictions of innocent people. This study seeks to establish how effective body cameras are, a credibility and verifiability enhancement strategy in situations of arrest by police, as a way of preventing wrongful convictions.

6. References

Abramson, J. B. (1996).Postmortem: The O.J. Simpson case. New York: Basic Books.

Amaya, A., & Lai, H. (2013).Law, virtue and justice, volume 5 (Law and practical reason). Hart Publishing td.

Ariel, B., Farrar, W. & Sutherland, A. (2015). The effect of police body-worn cameras on use of force and citizens complaints against the police: a randomized controlled trial. Journal of Quantitative Criminology, 31(3), 509-535.

Bluhm Legal Clinic, (2015). Center on Wrongful Convictions. Northwestern Pritzker School of Law.Retrieved from http://www.law.northwestern.edu/legalclinic/wrongfulconvictions/ on 9 February 2018.

Brewer, T. W. (2004). Race and jurors' receptivity to mitigation in capital cases: the effect of jurors', defendants', and victims' race in combination.Law and Human Behavior,28(5), 529.

Centurion Ministries, (2015). Retrieved from http://centurion.org/ on 9 February 2018.

Creswell, J. W. (2013).Research design: Qualitative, quantitative, and mixed methods approaches. Thousand Oaks, CA: Sage.

Fairchild, H. H., & Cowan, G. (1997). The OJ Simpson trial: Challenges to science and society.Journal of Social Issues,53(3), 583-591.

Grounds, A. (2004). Psychological consequences of wrongful conviction and imprisonment. Violence and Abuse Abstracts,10,4.). Sage Publications.

Hamer, D. (2014). Wrongful convictions, appeals, and the finality principle: The need for a criminal cases review commission.UNSWLJ,37, 270.

Hasian Jr., M. (2003). O.J. Simpson and the rhetoric of law.Review Of Communication,3(1), 60-63.

Huff, C. R., & Killias, M. (Eds.). (2013).Wrongful convictions and miscarriages of justice: causes and remedies in North American and European criminal justice systems. Routledge.

Huff, C. R., & Naughton, M. (2017). Wrongful conviction reforms in the United States and the United Kingdom: Taking stock.

Jones, J. A. (2012). Ethical considerations in criminal justice research: informed consent and confidentiality.Inquiries Journal,4(08).

Labaton, S. (1995). Lessons of Simpson Case Are Reshaping the Law.NY Times, Oct,6.

Mueller, C. B. (1996). Introduction: OJ Simpson and the criminal justice system on trial.U. Colo. L. Rev.,67, 727.

Skolnick, P., & Shaw, J. (2010). The O. J. Simpson Criminal Trial Verdict: Racism or Status Shield?.Journal Of Social Issues,53(3), 503-516.

The Innocence Network, (2015). About the Innocence Network. Retrieved from http://innocencenetwork.org/about/ on 9 February 2018

Thompson, W. C. (1996). DNA evidence in the OJ Simpson trial.U. Colo. L. Rev.,67, 827.

Toobin, J. (2016).The people v O.J. Simpson. London: Cornerstone Digital.

University, S. (2018).The Five Hardest Lessons from the O.J. Trial.Scu.edu. Retrieved from https://www.scu.edu/ethics/focus-areas/more/resources/the-five-lessons-of-the-oj-trial/ on 9 February 2018.

Weathered, L. (2003). Investigating innocence: The emerging role of innocence projects in the correction of wrongful conviction in Australia.Griffith Law Review,12(1), 64-90.

Zedner, L., & Roberts, J. V. (Eds.). (2012).Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth. Oxford University Press.