Module Ten Flashcards
Consequences of wrongful convictions
Long term effects on innocent person from whole investigation, trial and imprisonment. - put into same population as everyone else. Effects: lose job, paranoia, criminal history, miss out of opportunities. Turn to real crime, general structure of prison hard - experience worse because is innocent so they stand out to guards, offenders emotional damage tension to them state doesn’t issue apology admit error or remove record automatically
Long term effects of family: stop visiting, change belief, too much media attention, financial support taken away and no help from state even after exoneration same w housing
Waste of Cjs resources, real offender is free, legitimacy of Cjs is undermined
How any wrong convictions are there
No certain amount. 1% -5% of people w violent serious felonies. Not know for lesser crimes or other countries. Dark figure of crime not shown. Cjs needs you to prove innocent to let you off.
How does forensic science help in these cases
Wasn’t included when causes leading to wrongful convictions - focus on eyewitness identifications, false confessions etc.
Used to convict and exonerate . Very first use of dna was used to avert a wrongful conviction, innocence project realised potential of forensic San profiling to expose wrongful convictions. Post conviction DNS testing responsible for exposing 37% of wrongful convictions from 1989-2012
What are some of the causes of wrongful convictions?
Eyewitness errors Forensic science testing errors Police misconduct Prosecutorial misconduct False/misleading testimony by forensic scientists Dishonest informants Incompetent defence representation False testimony by lay witnesses False confessions
What is the difference in miscarriages of justice and wrongful convictions
Miscarriages of justice: things go wrong in the justice system in general may not be wrongful conviction just unlawful police/justice actions departs from due process
Wrongful conviction: doesn’t include wrongful arrests conviction. Innocent factually being convicted of a crime - people who are over course of trial errors happens
Case study
Michael and Lindt chamberlain wrongfully convicted of killing baby when dingo actually took it found piece of baby’s outfit showing it was eaten
