Miscarriages of Justice Part 1 Flashcards
What is a miscarriage of justice?
Wrongful conviction of an innocent individual or wrongful acquittal of a guilty individual (error of impunity)
What is important to remember about miscarriages of justice?
Seldom occur as a result of a single error by a sole individual
List the four main causes of miscarriages of justice in terms of forensic evidence
Individual misconduct
Absence of scientific standard
Improper testimony
Human error
Give examples of how individual misconduct can lead to a miscarriage of justice.
Personal gain - ex. dry labbing
Conscious bias
Laziness
Unethical behaviour
Explain the Sonja Farak case.
Chemist at a Massachusetts crime lab
Smoked crack everyday at work
Also took meth, amphetamine, ketamine, ecstasy, LSD at work and at home
Stole from lab, then from cases that came in for testing
Smoked crack in morning prior to interview on day of inspection
All of her drug convictions were overturned (11,162)
Is the Sonja Farak case solely attributable to individual misconduct?
No, lab should have had a system in place for monitoring drugs that were coming in as well as the fitness of their staff.
Give examples of absence of scientific standards.
Subjective methods
Lack of quality control
Lack of scientific validation
Give examples of improper testimony
Lack of understanding of role (i.e., believe working for the side they are testifying for)
Use of misleading language (100% scientific certainty, match)
Give examples of human error
Lack of knowledge
Insufficient resources
Human fallibility
What are the ramifications of wrongful conviction on the convicted?
Loss of freedom, dignity, credibility
Loss of sense of their pre-prison identity and self
Loss of family
Potential for physcial abuse in prison
PTSD
What are some ramifications of wrongful conviction on the family of the convicted?
Loss of emotional support
Dealing with reality of having a family member in prison
Loss of essential source of income
Break up of family
What are the ramifications of wrongful convictions on the victim?
Loss of closure
Re-living the experience
Lack of faith in the criminal justice system
What are the ramifications of wrongful convictions on forensic scientists/labs
Loss of credibility
Criminal charges
What are the ramifications of wrongful convictions on society?
Loss of faith in criminal justice system
Huge financial cost
