Miscarriages of Justice Part 2 Flashcards
What were four other contributions to miscarriages of justice we discussed?
False confessions, lack of professionalism, inadequate science, bias in the justice system
Why might someone confess to a crime they did not commit?
Common belief that complying will be more beneficial than maintaining innocence
What contributes to false confessions?
Coercion
Diminished mental capacity
Ignorance of the law
Threat of a harsh sentence
Misunderstanding of the situations
Why are confessions from minors usually unreliable?
Easily manipulated
Not always fully aware of the situation
Give some points from the Reid technique
Confront suspect with fake evidence
Develop themes to excuse crime
Interrupt denials
Suspect becomes quiet and withdrawn
Reduce distance
Sympathy and understanding
Other face-saving explanations
Develop admission into full confession
Suspect writes and signs full confession
What case is a good example of false confessions?
Central Park 5
Outline the case of the Central Park 5
1989 - 28 y/o woman brutally raped
5 teens arrested shortly after woman was found
All five confessed during interrogations
What were the interrogations of the CP 5 like?
Denied food, lawyers, sleep
Up to 30 hours long
What evidence did the prosecution have against the CP5?
Confessions were recanted
DNA of rape kit did not match any of the boys
No direct physical evidence linking them to the crime
How did the CP5 have their convictions vacated?
In 2002 a convicted rapist and murderer confessed, confirmed via DNA
What is a good example of lack of professionalism?
OJ Simpson case
Outline the OJ Simpson crime
June 12, 1994
Nicole Simpson and Ronald Goldman found stabbed to death outside her LA home
Bloody crime scene and glove found by LAPD
Media circus
How was OJ found not guilty?
“Dream Team”
Main focus = forensics
Occurred during LA riots
Defense brought evidence of racism in the police dept.
Nicole’s character attacked
Police accused of planting/falsifying evidence
What were problems with the Simpson crime scene?
Photos were not labelled/logged
Separate evidence bagged together
Wet items packaged before drying
Blankets from inside house used to cover Nicole Brown’s body
More shoe prints were left behind by LAPD than the perp
Deceased bodies left in open air for hours without examination
No PPE worn by crime scene techs
Hair and fibers collected in one container
Bath towels from house used to mop up blood, some thrown on bodies
What were some issues in the forensic labs during the OJ case?
Evidence altered by unauthorized personnel
Det. Fuhrman accused of planting evidence, racism
DNA evidence was new and expert witnesses unable to put it into lay terms
What are some key takeaways from the OJ trial?
Proper procedures can be crucial
How evidence is presented in the courtroom matters to the jury
How the jury perceives you can diminish or destroy your credibility
What is a good example of inadequate science?
MOTHERISK
What was motherisk?
Program of SickKids
Main function - test hair for drugs, alcohol
Explain the case of Tamara Broomfield and Motherisk
Toddler treated for overdose, permanent brain damage, allegedly exposed to cocaine
Hair analysis showed child exposed to cocaine over 14 months
Broomfield convicted of administering noxious substances and failure to provide necessities of life
Why was Broomfield’s case appealed?
Concerns about testing
What did the Lang report determine
Hair strand drug/alcohol testing by motherisk inadequate for use in child protection and criminal proceedings
Between 2005-2015 operated in a manner that did not meet internationally recognized forensic standards
What did motherisk say about their culpability?
Not responsible, they were just providing data, people who obtained that data could then do what they wanted with it
What was determined about motherisk’s claim to innocence?
Service to law enforcement and CPAs was forensic
Hair tests can be forensic even if never tendered as evidence
What were the basic issues with motherisk?
Relied on unconfirmed results
No written SOP for hair tests
No records of chain of custody
Inadequate record keeping
Poor communication to customers
What case is a good example of bias?
Ezekial
Explain the Ezekial case
19 m/o died from bacterial meningitis
Parents tried to treat with natural remedies
By the time conventional care was sought, Ezekiel could not be treated
Conviction overturned based on technicality
What did both sides say during the retrial for Ezekiel’s death?
Dr. A for crown - autopsy showed boy died from bacterial meningitis
Dr. S for defense - boy died from lack of oxygen to brain
What was the issue with the judge in the Ezekiel retrial
Criticized the way Dr. A spoke (accent) during his closing statement
What is the golden rule?
Do unto others as you would have others do unto you
What contributes to a fair trial?
Blind jury
Representative jury
Basic knowledge of law
Assumption of innocence
Avoid personal connections
What is a preemptory challenge?
Each side gets to veto a particular number of jurors without reason
How can a jury be biased?
Lawyers select jury to win, not to weigh the truth
What do lawyers consider for jurors?
Education (average ideal is 10h grade)
Race
Gender
Relatability
Age
Religion
Economic class
