Wrongful Conviction eview: Henry James
Wrongful convictions are convictions where "factually innocent people are convicted of crimes" (Acker & edlich, 2011, p.3). There are a number of ways that wrongful convictions can occur. Two of these ways are no crime convictions and wrong man convictions (Acker & eclich, 2011, p.7-8). No crime convictions occur when someone is convicted of a crime, generally murder, and then it is later discovered that no crime has been committed. Wrong man convictions are far more common; they occur when a crime has been committed, but the wrong person has been convicted of the crime. However, crimes in which the correct person is convicted of the crime, while there may be legal problems with their conviction, are not considered wrongful convictions. Another name for wrongful conviction is actual innocence.

It is impossible to assess how many innocent people are actually in prison, today. The reality is that…...

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References

Acker, J. & Redlich, A. (2011). Wrongful conviction: Law, science, and policy. Durham, NC:

Carolina Academic Press.

Betar, T. (2012, October 1). Wrongly convicted inmates struggle to rebuild lives, require more governmental assistance. Retrieved February 11, 2013 from Deseret News website:  http://www.deseretnews.com/article/865563508/Wrongly-convicted-inmates-struggle-to-rebuild-lives-require-more-government-assistance.html?pg=all 

California Innocence Project. (2011). Eyewitness identification. Retrieved February 11, 2013

Wrongful Conviction of James Henry
Henry James was only 19 years during his conviction for rape that he did not commit. It is after thirty years imprisonment that the realization of his innocence emerges thereby keeping it free. This case is a good example of the importance of evidence in the proceedings of a case. The imprisonment of the innocent man arose because of the little evidence that he had against the accusation (Katz 2011). Lose of evidence serves as a foundation of wrongful convictions in most cases and an individual who might be having power of the court ruling can easily manipulate the case for his own benefits. Prosecutorial misconduct serves critically in the lost of evidence consequently leading to the wrongful conviction of an individual. This article is an illustration of how lost of evidence leads to the wrongful conviction of Henry James and the people who are to…...

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References

Man Wrongfully Convicted, imprisoned for 30 years. Retrieved from  http://www.nola.com/crime/index.ssf/2012/03/jefferson_parish_judge_finds_m.html 

Henry James. Retrieved from  http://www.ip-no.org/exonoree-profile/henry-james 

Wrongfully Convicted: Angola prisoner released after 30 years in Jail. Retrieved from  http://www.nbc33tv.com/news/your-stories/wrongfully-convicted-angola-prisoner-released-after-30-years-in-jail 

Christianson, Scott. (2006). Innocent: Inside Wrongful Conviction Cases. New York Univ Pr.

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…...

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References

Griffin, L. The Correction of Wrongful Convictions: A Comparative Perspective,. American

University of International Law Review, vol. 16, no. 1, 2001, pp: 1241-1308.

Koggel, Christine M; Levin, Charles; Furlong, Allannah. Confidential Relationships:

Psychoanalytic, Ethical, and Legal Contexts. Rodopi. 2002.

Why would somebody confess to a crime they did not commit?
According to professor Kassin, Saul, there are several types of people who falsely confess:

compulsive type-attention seeker -- confesses to gain a piece of the fame, impress others, or to get attention compulsive type-homeless -- confesses as a way to get off the streets compulsive type-fugitive -- confesses to avoid being prosecuted for a crime elsewhere with stiffer penalties compulsive type-guilty conscience -- confesses because believes they are guilty of something coerced-compliant type -- Kassin's type who pleads guilty to avoid something aversive in their home environment coerced-internalized type -- Kassin's type who comes to believe in their guilt out of interrogation or persuasion"

The problem, however, is deeper than the false confession in itself. It is to be found in the effects that the confession has: "dubious forensic evidence, police failure to pursue viable alternative suspects, incorrect or perjured eyewitness…...

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 you, asking for your money. You are terrified and give him your wallet. He runs away and you call the police. They arrive and you give a sketchy description of the guy who robbed you. He was Hispanic, was wearing a dark jacket and jeans. You can't remember how tall he was and couldn't see the color of his eyes. You didn't see any tattoos, just the gun, which was huge. The police call the information in and another squad…...

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References

CICCHINI, M.D., & EASTON, J.G. (2010). CRIMINAL LAW: REFORMING THE LAW ON

SHOW-UP IDENTIFICATIONS. Journal of Criminal Law & Criminology, 100(2), 381-413.

Retrieved from EBSCOhost on May 16, 2011.

Greene, E., & Loftus, E.F. (1984). Solving the Eyewitness Problem. Behavioral Sciences & the Law,

(iv) misconduct by the police or unintentional mistake, together with the application of suggestive identification procedures, pressuring of a confession or inculpatory declaration by a suspect, not carrying out other channels of investigation following initial detection of a powerful suspect, and being unsuccessful to give the prosecutor enough proof which is able to point to an individual other than the defendant as the person behind the act. (v) Mistake in the procedure, inclusive of failure to reveal evidence which is able to exonerate the defendant, application of unreliable proof and statement given during trial in a fit of rage. (vi) Substandard defense mechanism by the lawyer that includes failure to get an appropriate disclosure of evidence. (Mahoney, 2005)
4) How the issue impacts other components of the criminal justice system:

In criminal justice, goals like lowered levels of reported crime for the police or for committing the offence once again for…...

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References

Faulkner, David. (2001) "Crime, State and Citizen"

Waterside Press.

Christianson, Scott. (2003) "Innocent: Inside Wrongful Conviction Cases"

NYU Press.

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 to mitigate innocent convictions are not passed, it will lead to injustices; hence develop trust issues with the judicial system. Passing of the wrongful convictions Act, on the other hand, will ensure that justice is served to wrongfully convicted people. It will prevent people from hateful feelings and help to enable a quick healing process and integration into the society (Adrian, 2008).
Compensation will motivate government to protect the innocent because they will know if they convict the wrong person they…...

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References

Adrian, H. (2008). Compensation for Wrongful Conviction. Criminology Law Enforcement.

Stack, R. (2006). Dead Wrong: Violence Vengence and the Victims of Capital Punishment. Atlanta: Greenwood Publishing Group.

Tatalovich, R.B. (2010). Moral Controversies in American Politics. Chicago: ME Sharpe.

rongful Conviction textbook, compare problems wrongful conviction Canada, United States, United Kingdom. hat similarities differences? Discuss
rongful Convictions in the International Context

In spite of the fact that the law system has experienced much progress in the recent years, wrongful convictions continue to occur as lawmen encounter impediments and are unable to use the law properly. It often happens for people who are innocent to be convicted on account of an unfortunate set of circumstances. In most cases when this happens, the individuals responsible are law-enforcement officers who are obsessed with their job and have trouble understanding matters from an objective perspective. Problems also occur due to evidence being withheld, false affirmations, lying under oath, and unproductive use of guidance. Although it is impossible to verify the exact number of wrongful convictions, it is only safe to assume that thousands of individuals are wrongfully convicted on a yearly basis. By comparing…...

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Works cited:

Bohm, Robert M. "DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States," ( Elsevier, 2011)

Grossman, Michelle G. And Roberts, Julian V. "Criminal Justice in Canada: A Reader," (Cengage Learning, 2011)

Huff, Ronald C. And Killias, Martin, "Wrongful Conviction: International Perspectives on Miscarriages of Justice," (Temple University Press, 2010)

Great Britain: Law Commission, "Expert Evidence in Criminal Proceedings in England and Wales," (The Stationery Office, 2011)

Wrongful Convictions' by Balko adley discusses the issues surrounding the conviction and imprisonment of innocent persons. It outlines the causes of wrongful convictions and the challenges encountered in trying to obtain compensation upon release. The author seeks to show how prevalent wrongful convictions are, and demonstrate the need to address the same. The story of Paul House - who was wrongfully convicted of murder, sentenced to life imprisonment, and released more than two decades later with serious health complications, after his innocence was proven - is used to demonstrate the pain and suffering caused by wrongful convictions. The article employs a highly formal tone, as demonstrated by the use of such legal jargons as qualified immunity, mandatory minimum sentence, and civil liability, among others. It makes use of a passive voice, focusing on the actions (false testimony, overreliance on eyewitness testimony and false confessions) rather than on the doer;…...

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References

Melissa, K. & Philip, L. (2012). Why is the Teen Birth Rate in the United States so High, and Why Does It Matter? Journal of Economic Perspectives, 26(2), 141-166.

Radley, B. (2011). Wrongful Convictions. Reason, 43(3), 20-33.

Sengupta, S. (2014, September 4). UNICEF Report Details Endemic Violence against Children. The New York Times, p. A12.

Troy Davis and the Lessons of DNA Exonerations
Wrongful Convictions

The Case of Troy Davis: What DNA Exonerations Can Teach Us about Wrongful Convictions

When someone is wrongfully convicted of a crime they lose years of their lives to unjust sanctions, the perpetrator is free to continue victimizing others, and if it happens too often society loses faith in the criminal justice system. With the advent of DNA analysis some of this faith has been lost, because a sizeable number of death row DNA exonerations have made it clear that innocent men and women have been executed in the past. In an effort to better understand how a person might be wrongfully convicted the case of Georgia death row inmate Troy Davis is analyzed here. The prosecution's case was almost completely dependent on eyewitness testimony, despite scientific evidence showing this type of evidence is often unreliable. During the trial it emerged that the…...

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References

Acker, James R. (2009). Actual Innocence: Is death different? Behavioral Sciences and the Law, 27, 297-311.

Bluestein, Greg. (2011). U.S. board considers high-profile inmate's case. Associated press. News.yahoo.com. Retrieved from  http://news.yahoo.com/us-board-considers-high-profile-inmates-case-135618893.html .

Connors, Edward, Lundregan, Thomas, Miller, Neal, and McEwen, Tom. (1996). Convicted by Juries, Exonerated by Science: Case studies in the use of DNA evidence to establish innocence after trial. National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Retrieved from  https://www.ncjrs.gov/pdffiles/dnaevid.pdf .

Gould, Jon B. And Leo, Richard A. (2010). II. "Justice" in action: One hundred years later: Wrongful convictions after a century of research. Journal of Criminal Law & Criminology, 100, 825-868.

Wrongful Convictions: Unit III Article CritiqueIn their article titled, Safeguards Against Wrongful Conviction in Eyewitness Identification Cases: Insights from Empirical Research, Smith and Dufraimont evaluate the efficacy of two of the safeguards that have in the past been put in place to ensure that mistakenly identified persons are not convicted. One of the key issues the authors raise has got to do with the fact that in the past, there have been numerous instances of wrongful convictions based on eye witness mistakes. In the words of the authors, several researchers have catalogued known wrongful convictions and documented their commonalities. Yet another important issue highlighted in the article is the fact that wrongful convictions do not come about as a consequence of eyewitness mistakes only. Instead, wrongful convictions could be caused by defense and Crown lawyers as well as police officers. This is more so the case when the decisions the…...

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References

Combs, N.A. (2010). Fact-Finding without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions. New York, NY: Cambridge University Press.

Smith, A.M., & Dufraimont, L. (2014). Safeguards against Wrongful Conviction in Eyewitness Identification Cases: Insights from Empirical Research. Canadian Criminal Law Review, 18(2), 199–217.

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 testimony of sworn witnesses, the possibility of erroneous results still exists.

Ultimately, many of the most important constitutional rights guaranteed to those suspected of criminal conduct must rely on the…...

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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

As Neuschatz, Jones, McClung and Wetmore (n.d.) note, secondary confessions are viewed as “extremely persuasive evidence” (p. 2) even though they are the “leading cause of wrongful convictions in capital cases” (p. 3). What this shows, nonetheless, is that information acquisition is the most effective of the three recommendations. Knowing where information was acquired and how can be extremely important in the application of research on informant testimony. Secondary confessions are the perfect example of how this is so. They show that just because information sounds legitimate and valid and is quickly and easily embraced by juries, the information itself has to be considered in terms of how it was acquired and what the source of the information is. In any trial whenever there is witness testimony, the credibility of the witness is examined in order to assess the validity of the claims. This is part of the process of…...

A vastly accepted principle of the justice system is that bringing the guilty perpetrators to justice. Consequently, the danger of a guilty person remaining free dominated public attention (Bjerk & Helland, 2018). However, the justice system has been flawed for robbing of life experiences and freedom of wrongfully convicted individuals (Gould & Leo, 2010). The flaws in the justice system have attracted public opinion and research interest. Empirical interest in wrongful convictions dates back to research work by Borchard (1932). The introduction of deoxyribonucleic acid (DNA) testing technology in the justice system brought to light the flaws in the system by revealing the innocence of convicts in prison with some serving death or life sentences (Bjerk & Helland, 2018). Wrongful convictions occur when factually innocent persons are convicted of crimes; a miscarriage in the justice system. The handful convictions of innocent persons challenges the efficacy of the US justice system. The…...

Eye Witness Memory and Identification
In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation, and can be used to solve a complex case. Despite the importance of eyewitness identification in a legal system, eyewitness misidentification is being identified as the contributing factor to wrongful convictions based on the DNA testing. Typically, the eyewitness misidentification leads to 70% of wrongful convictions based on the DNA evidence in the United States. In cases after cases, it has been proven by the DNA that eyewitnesses are mostly inaccurate. For example, a review of 311 cases reveals that 73% of the convictions have been due to the eyewitness errors leading to wrongful convictions. Evidence have also revealed that eyewitness identifications can sway strong alibis, juries and police. Unfortunately, the memory of some eyewitnesses is either unable to recall events,…...

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Reference

Arkowitz, H. & Lilienfeld, S.O. (2010). Why Science Tells Us Not to Rely on Eyewitness Accounts. Scientific America Mind.

Green, M. (2013). Eye Witness Memory is Unreliable. Visual Expert.

Hope, L., & Sauer, J.D. (2014). Eyewitness memory and mistaken identifications In book: Investigative Interviewing: The Essentials, Carswell: M. St.-Yves.

Malpass, R.S. & Topp, L.D. (2005) Eye Witness Memory and Identification. The Defender

1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....

Topic 1: Capital Punishment

Opposing Viewpoints:

Proponents: Argue that capital punishment is a just and effective deterrent to crime, while also providing closure to victims' families.
Opponents: Question the morality of state-sanctioned killing, its potential for wrongful convictions, and its disproportionate impact on marginalized communities.

Topic 2: Universal Basic Income

Opposing Viewpoints:

Supporters: Advocate for a universal basic income as a guaranteed safety net that would reduce poverty, stimulate economic growth, and foster innovation.
Critics: Express concerns about the cost, the potential for disincentivizing work, and the inflationary impact on prices.

Topic 3: Abortion Rights

Opposing Viewpoints:

Pro-choice advocates: Argue for the right of women....

Certainly! Here are some potential essay topics related to the death penalty:

1. The ethical implications of capital punishment: Is the death penalty an acceptable form of punishment in modern society?

2. The impact of race and socioeconomic status on sentencing for the death penalty: Is there systemic bias in the application of capital punishment?

3. The effectiveness of the death penalty as a deterrent to crime: Does the threat of execution actually prevent violent crimes?

4. The financial costs of the death penalty: Is it more expensive to execute a person than to incarcerate them for life?

5. The psychological impact on those involved....

1. The impact of the death penalty on racial minorities and whether it creates a disproportionate number of executions for individuals of color.
2. Investigating the psychological effects of being on death row and the toll it takes on the mental health of inmates.
3. Analyzing the cost effectiveness of the death penalty compared to life imprisonment and whether it is a reasonable use of taxpayer dollars.
4. Examining the role of public opinion in shaping the use of the death penalty and how attitudes towards capital punishment have evolved over time.
5. Exploring the role of international law in shaping the use of....