MIDTERM 3: wrongful convictions Flashcards
discuss the cause of “eyewitness error”
- limitations with human perception and memory
- police can intentionally or unitentionally influence eyewitnesses
- police pressure can get witnesses to recant their memory
discuss the cause of “race and class bias”
- minorities and the poor are over-represented
discuss the “malliability of confidence” under the cause of eyewitness error
- flexible nature of ppls certanty over what they have seen
- ppl more confidence in their choice if they get positive feedback
- confidence has little to do with accuracy
if a conviction review has been granted, it goes to the , then their reccomendation is passed onto the . this is not the decision if the person is guilty, rather the determines whether there has been a and warrants a
CCRG, Minister of justice, Minister of justice, miscarrage of justice, new trial or an appeal
discuss the “compensation” of the state responses to wrongful convictions
- can be awarded for pain and suffering, financial costs, and to family members
- ex: david milgard who served 23 years in prison
- govs can dispute the order
discuss the cause of “erroneous forensic evidence”
- often intentional or unintentional
- forensic materials have been known to be flawed
- ex: charles smith -> forensic pathologist
what are the common themes of the effects of wrongful conviction
- loss of freedom
- impact on identity
- difficulties created by resistance
- resisting the lable of being convicted as an offender gets framed by authorities to accept resonsiblity
- resisting identity as an offender can result in unpleasant consequences
- impact on family
- impact on society/system
- losing faith in teh system brings it into disrepute
List the 6 main causes of wrongful convictions
causes reflect the intersection of individual and systemic factors
- eyewitness error
- erroneous forensic evidence
- false confessions
- use of jailhouse informants
- professional and institutional misconduct
- race and class bias
discuss the “commissions of inquiry” with regards to the state responses to wrongful conviction
- given a specific mandate
- findings of fact
- what the commission believes happened in the case (findings) as well as its reccomendations (not binding)
- comissions dont have ability to find someone criminally or civily responsible
discuss “unconscious transference” under the cause of eyewitness error
- eyewitnesses get confused with the people involved
- witness misidentifies a person
why do wrongful convictions happen?
Because of error and deliberate actions from prosecutors
what is the most important factor os the cause of wrongful convictions?
A) erroneous forensic error
B) false confessions
C) eyewitness error
C) eyewitness error
discuss the “conviction review” of the state responses to wrongful conviction
- individual can request conviction review
- done by the CCRG
- exhaust appeals process
- they can spend years incarcerated before they reach a conviction review
- needs to have a new matter of significance to justidy a review
- fresh evidence
- uncommon
discuss the cause of “use of jailhouse informants”
- provides information in exchange for some benefit
- leniency for punishment for ex
- jurers put lots of faith on jailhouse informants
what are the 3 main state resopnses to wrongful conviction
- conviction review
- commissions of inquiry
- compensation
