Miscarriages of Justice Part 2

Question 1

What were four other contributions to miscarriages of justice we discussed?

Answer 1

False confessions, lack of professionalism, inadequate science, bias in the justice system

Question 2

Why might someone confess to a crime they did not commit?

Answer 2

Common belief that complying will be more beneficial than maintaining innocence

Question 3

What contributes to false confessions?

Answer 3

Coercion
Diminished mental capacity
Ignorance of the law
Threat of a harsh sentence
Misunderstanding of the situations

Question 4

Why are confessions from minors usually unreliable?

Answer 4

Easily manipulated
Not always fully aware of the situation

Question 5

Give some points from the Reid technique

Answer 5

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Suspect becomes quiet and withdrawn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

Question 6

What case is a good example of false confessions?

Answer 6

Central Park 5

Question 7

Outline the case of the Central Park 5

Answer 7

1989 - 28 y/o woman brutally raped
5 teens arrested shortly after woman was found
All five confessed during interrogations

Question 8

What were the interrogations of the CP 5 like?

Answer 8

Denied food, lawyers, sleep
Up to 30 hours long

Question 9

What evidence did the prosecution have against the CP5?

Answer 9

Confessions were recanted
DNA of rape kit did not match any of the boys
No direct physical evidence linking them to the crime

Question 10

How did the CP5 have their convictions vacated?

Answer 10

In 2002 a convicted rapist and murderer confessed, confirmed via DNA

Question 11

What is a good example of lack of professionalism?

Answer 11

OJ Simpson case

Question 12

Outline the OJ Simpson crime

Answer 12

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

Question 13

How was OJ found not guilty?

Answer 13

“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

Question 14

What were problems with the Simpson crime scene?

Answer 14

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

Question 15

What were some issues in the forensic labs during the OJ case?

Answer 15

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

Question 16

What are some key takeaways from the OJ trial?

Answer 16

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

Question 17

What is a good example of inadequate science?

Answer 17

MOTHERISK

Question 18

What was motherisk?

Answer 18

Program of SickKids
Main function - test hair for drugs, alcohol

Question 19

Explain the case of Tamara Broomfield and Motherisk

Answer 19

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

Question 20

Why was Broomfield’s case appealed?

Answer 20

Concerns about testing

Question 21

What did the Lang report determine

Answer 21

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

Question 22

What did motherisk say about their culpability?

Answer 22

Not responsible, they were just providing data, people who obtained that data could then do what they wanted with it

Question 23

What was determined about motherisk’s claim to innocence?

Answer 23

Service to law enforcement and CPAs was forensic
Hair tests can be forensic even if never tendered as evidence

Question 24

What were the basic issues with motherisk?

Answer 24

Relied on unconfirmed results
No written SOP for hair tests
No records of chain of custody
Inadequate record keeping
Poor communication to customers

Question 25

What case is a good example of bias?

Answer 25

Ezekial

Question 26

Explain the Ezekial case

Answer 26

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

Question 27

What did both sides say during the retrial for Ezekiel’s death?

Answer 27

Dr. A for crown - autopsy showed boy died from bacterial meningitis
Dr. S for defense - boy died from lack of oxygen to brain

Question 28

What was the issue with the judge in the Ezekiel retrial

Answer 28

Criticized the way Dr. A spoke (accent) during his closing statement

Question 29

What is the golden rule?

Answer 29

Do unto others as you would have others do unto you

Question 30

What contributes to a fair trial?

Answer 30

Blind jury
Representative jury
Basic knowledge of law
Assumption of innocence
Avoid personal connections

Question 31

What is a preemptory challenge?

Answer 31

Each side gets to veto a particular number of jurors without reason

Question 32

How can a jury be biased?

Answer 32

Lawyers select jury to win, not to weigh the truth

Question 33

What do lawyers consider for jurors?

Answer 33

Education (average ideal is 10h grade)
Race
Gender
Relatability
Age
Religion
Economic class