The over-enthusiasm associated with the extensive and unrestrained caution which the prosecutors avail gives birth to the settings in which a prosecutor is able to cause the conviction of an innocent individual. Besides, the mixture of over-enthusiasm and unimpeded discretion on one side and regular non-adversarialness on the other outcomes in an irregular playing field in majority of the defendants either guilty or innocent. (Griffin, 1274)
The apparent cases of wrongful convictions have happened for causes other than lack of access to confidential psychotherapy files. In the opinion of Dwyer Neufeld & Scheck, 2000, the three main reasons in cases of wrongful convictions have been mistaken eyewitness identification, lack of proper police interrogations, and tardy investigative works. Whereas no body must make light of the urgency to safeguard against the jailing of innocent individuals, this danger must be empirically corroborated instead of claimed ordinarily. There have been instances of criminal cases wherein access to confidential psychiatric record although related to a hospitalization and not to psychotherapy averted a wrongful conviction. In order to look forward to an alternative version of the alleged events the courts are keen on taking advantages from the both fronts. (Koggel; Levin; Furlong, 25)
It is important to note that in order to substantiate the truthfulness of a witness to have information on his or her mental status during the period of the event or of the complainant is crucial. This seemingly justifiable claim of grounds for likely relevance also loses weight when deconstructed with respect to a genuine appreciation of the psychotherapeutic process. Considering for the benefit of argument, an alleged victim in a sexual assault trial has started proceedings with an intentional falsehood; the chances are that she is far more liable to finally deliver reliable testimony in case the privacy of her psychotherapy stays respected. (Koggel; Levin; Furlong, 27)
Remedying the problem of wrongful corrections will need altering the enticement which the prosecutors and the police encounter and reviving the view that the purpose of justice is seeking the truth. There has been a constant upsurge in the cases of wrongful convictions as the safeguards against the same have been worn down by the search of drug dealers, white-collar criminals, extremists, child molesters. The New Deal had made its independent contribution with regard to wrongful conviction. A vital characteristic of New Deal law was delegation by the Congress of the power of law-making to the various agencies for regulation. The delegation blended enforcement and statutory authority in identical hands. The capability of the bureaucrats to describe criminal forms of offenses by their meanings of the regulations which they write renders regulatory police immense levels of discretion. (Roberts, 571)
An important contributor to wrongful convictions have been plea bargaining. Pleas bargaining have rendered the justice system to be corrupt through making illusory crime instead of real types. The system of making individuals agree to matters that never happened so as to evade charges for matters that happened builds a legal form of culture which raises fiction over that of the truth. Through the process of rendering the case acquiescent, plea bargains facilitate prosecutors to amplify weak forms of evidence with that of the psychological pressures. John Langbein, legal scholar rightly makes a
Wrongful Convictions Based on Eyewitness Accounts Imagine if you will this hypothetical scenario -- you are walking to your car in a parking garage after a long day at work. You are tired and thinking of what is waiting for you on your desk tomorrow and what you will have to eat when you get home. Suddenly, a man jumps out from behind a parked car and points a gun at
Wrongful convicted people have also been seen to experience psychiatric dysfunctions, and long -- term difficulties re-integrating into the society. The convicted people lose income during pleading in their cases, they end up losing their assets, and those employed later get low earnings. The justice system should be a system of high integrity which people can put their faith, to ensure that justice is done to them. If laws
Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program � policy evaluation proposalExecutive summaryConvicting 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.
DNA Exonerations: John Kogut The Path To Exoneration: John Kogut The Path to Conviction When 16-year-old Teresa Fusco left work at 9:45 PM on November 10, 1984 she became one among several young girls reported missing over the past several years [Centurion Ministries, 2013; Innocence Project, n.d.(a)]. In contrast to her predecessors, however, her body was discovered a month later in a wooded area several blocks from the roller rink where she worked.
Criminal Justice System Challenges of Mara Salvatrucha (MS-13) to law enforcement Law enforcement agencies view the Mara Salvatrucha (MS-13) the most harmful street gang in the U.S. The aggressive nature of MS-13 members have led to a variety of killings and terrible beatings. Various trials held in New York and Maryland have led to significant jail terms even extending to life imprisonment for MS-13 members. The FBI was first attracted by
Post response questions, requires a position support position evidence assigned readings. Please correct sources APA. Each question 1.5 pages length. The reading attached. 1. Critics death penalty contend evidence wrongful conviction offenders sentenced death powerful evidence favor abolishing death penalty One of the foundational principles of the American system of justice is that it is better to let a guilty man go free than it is to condemn an innocent man
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