Wrongful Convictions Research Paper

Total Length: 1344 words ( 4 double-spaced pages)

Total Sources: 2

Page 1 of 4

As Neuschatz, Jones, McClung and Wetmore (n.d.) note, secondary confessions are viewed as “extremely persuasive evidence” (p. 2) even though they are the “leading cause of wrongful convictions in capital cases” (p. 3). What this shows, nonetheless, is that information acquisition is the most effective of the three recommendations. Knowing where information was acquired and how can be extremely important in the application of research on informant testimony. Secondary confessions are the perfect example of how this is so. They show that just because information sounds legitimate and valid and is quickly and easily embraced by juries, the information itself has to be considered in terms of how it was acquired and what the source of the information is. In any trial whenever there is witness testimony, the credibility of the witness is examined in order to assess the validity of the claims. This is part of the process of examining information acquisition. How was the information acquired? Who acquired it? From where did it come? These questions matter—but they can be overlooked when it comes to receiving informant testimony.

Part of the reason for this is that the very term “informant” is leading and compelling: it gives the information an “authoritative” quality that makes it hard to resist. An informant would never lie—that is the assumption made. Or an informant is taking a great amount of risk upon his shoulders by coming forward—that is another assumption. The reality, however, is that informants typically seek some sort of favor from the prosecution for providing their testimony. They want something in return and the quid pro quo nature of the transaction should not be lost when looking at informant testimony.

This fact is what actually makes information acquisition weakly effective at the same time. Looking at how information was acquired and suspecting a less than selfless motive in the exchange does not negate the fact that in any exchange there is a trade-off. What has to be examined is whether the information is valid. The acquisition process can cloud that issue and it may be used to unnecessarily or unfairly cast doubt on the intentions or character of an informant.
Information should be corroborated and in any research a triangulation of data is required for validity to be established. This should be the rule in informant testimony as well. Looking into the process of acquisition can help to bring light to credibility issues, or it may only cloud the matter further and fail to provide evidence one way or another. The acquisition process cannot always be relied…

[…… parts of this paper are missing, click here to view the entire document ]

…give information that they can use to arrest a higher-up within the mafia organization. The mafia leaders, aware that the person apprehended could give sensitive and damaging information to the police about their activities, make it known to the individual arrested that if he takes the blame for certain crimes and takes the sentence, that he and his family will be looked after by them. The alternative, of course, would be that if he gives the police information about them, they will hunt him down, hurt his family and kill him if they ever find him. He would have to enter into witness protection and never be allowed to see anyone from his old life ever again. Thus, this person decides to make a voluntary false confession to the police without the police ever doing anything to coerce it from the person. They may not even want his confession because it blocks their ability to tie these crimes to the more powerful figures in the mafia. Not every confession has to be accepted and the person can be charged for obstructing justice in these cases if the police can show that the confession made is false. It does put more work on investigators, however, and that could be one reason they do not pursue the….....

Show More ⇣


     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


References

Lassiter, G. D., Ware, L. J., Ratcliff, J. J., & Irvin, C. R. (2009). Evidence of the camera perspective bias in authentic videotaped interrogations: Implications for emerging reform in the criminal justice system. Legal and
Criminological Psychology, 14(1), 157-170.

Neuschatz, J., Jones, N., McClung, J. & Wetmore, S. (n.d.). Conviction of the Innocent: Unreliable Informant Testimony. University of Alabama in Huntsville.
 
Related Essays

Wrongful Convictions Exonerations and Race

justice system have attracted public opinion and research interest. Empirical interest in wrongful convictions dates back to research work by Borchard (1932). The introduction of deoxyribonucleic acid (DNA) testing technology in the justice system brought to light the flaws in the system by revealing the innocence of convicts in prison with some serving death or life sentences (Bjerk & Helland, 2018). Wrongful convictions occur when factually innocent persons are convicted of crimes; a miscarriage in the justice system. The handful convictions of innocent persons challenges the efficacy of the US justice system. The National Registry of Exonerations (2019) records 2439 exonerations in… Continue Reading...

Safeguarding Criminal Justice System from Wrongful Convictions

Research Question and Introduction Development Topic: Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program Research Question: What aspects of the innocence program need improvement, and in what ways, in order to guard the judicial system from wrongful convictions? (Rossi, Lipsey & Freeman, 2004) Introduction Wrongful conviction is an abuse of justice. It entails the sentencing and subsequent punishment of someone for crimes they never committed (Huff & Killias, 2013). Wrongful convictions can happen in civil and criminal cases alike. Many criminal justice processes have been tailored to overcome this possibility and overturn such erroneous judicial decisions. It… Continue Reading...

The Ethical Issues of Criminal Justice

crime, drug trafficking and counterfeit goods 3. Innocence Program-Suspect Conviction processes: Consequences of wrongful conviction of inmates and measure needed to alleviate wrongful convictions Impact of relevant political and ethical issues associated with the program evaluation The criminal justice system has many good but also negative consequences. To the extent that there still are wrongful convictions and the policy makers may have to reevaluate the program with an objective of rethinking the loopholes. Zalman (2006) describes the importance of developing what he terms as an innocence movement. The objective is to litigate matters in the best interest of likely exonerates and promote a research and policy agenda that takes care of innocent… Continue Reading...

Argument in Favor of the Life in Prison over Execution

avoid using the death penalty is the possibility of false confessions and wrongful convictions. DNA evidence overturns convictions often enough to render the death penalty unreasonable. Moreover, the Eighth Amendment to the Constitution forbids the use of “cruel and unusual punishment.” While state-sanctioned executions are not unusual and are no less cruel than a prison sentence, capital punishment has a permanency that is both cruel and unusual. If evidence were to surface that exonerated the individual, there is no possibility of overturning a death sentence. The family of the wrongfully accused would suffer tremendously, and the general public would lose faith in… Continue Reading...

sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Wrongful Convictions" (2019, March 11) Retrieved March 29, 2024, from
https://www.aceyourpaper.com/essays/wrongful-convictions-research-paper

Latest MLA Format (8th edition)

Copy Reference
"Wrongful Convictions" 11 March 2019. Web.29 March. 2024. <
https://www.aceyourpaper.com/essays/wrongful-convictions-research-paper>

Latest Chicago Format (16th edition)

Copy Reference
"Wrongful Convictions", 11 March 2019, Accessed.29 March. 2024,
https://www.aceyourpaper.com/essays/wrongful-convictions-research-paper