Minimizing wrongful convictions through an efficient innocence program

Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program – policy evaluation proposal

Executive summary

Convicting innocent people is a global concern. The problem has been brought to the fore in the US through DNA tests that have proven the innocence of some of the people already serving jail terms. So far, up to 138 people have been exonerated of the crimes they were accused and convicted of. Of the number, 13 people were on death row. Experts observe that at least 23 people have already been executed after conviction, in the US, despite their innocence. There are persistent efforts that have led to significant progress with regard to detecting and preventing people from being wrongfully convicted. There is a lot of room for improvement in this area though. Apart from the reforms highlighted and discussed in this paper, the public is increasingly becoming aware of the problem. Such awareness has helped to identify cases with potentially innocent people on trial. It has energized the campaigns to institute reforms meant to reduce the miscarriage of justice. The case between O.J Simpson and the people is a good reminder of the issues that are rarely noticed in the process of trial. This paper tries to point out the aspects of the innocence plan that require tweaking, and how such improvement can be done, with the intention of protecting the justice system from handing out wrongful convictions.

This paper will apply the survey method to gauge the perception of officers regarding how effective body cameras are, in making officers relax in the cause of their police operations. Body cameras were introduced recently by the metropolitan police authorities so as to encourage police accountability in the cause of their work. The study will use the quantitative survey approach to establish how much the officers acknowledge the body camera’s effectiveness in achieving the aims intended by the policy. The survey will constitute 5 to 10 questions to be answered based on a rating scale of 1 to 5. The officers’ responses will be collated and analyzed with the descriptive statistical analysis approach. The main intention of the study is that once the proposal has been successfully implemented, the results will demonstrate the effectiveness level of the body cameras as perceived by the police who use them.

Table of Contents

1. Introduction 3

1.1. Program review 3

1.2. Significance of the problem 5

1.3. Significance of the evaluation 5

1.4. Motivation of the study 6

1.5. Research question 6

2. Literature review 6

2.1. Introduction 6

2.2. Unfair conviction transformations in the U.S. 6

2.2.1. Legislation and Public Policy 7

2.2.2. The Death Penalty 7

2.3. OJ Simpson’s case and its impact on criminal justice 8

3. Methodology 10

3.1. Research design 10

3.2. Study tool and analysis 10

3.3. Ethical issues 10

4. Expected results 10

5. Conclusion 11

6. References 12

1. Introduction

Lately, and for the past couple of decades, the public has increasingly shown interest in the problem of wrongful convictions and miscarriage of justice in general (Huff and Killias, 2013). The phrases “wrongful conviction” and “miscarriage of justice” are used interchangeably in this case to refer to the conviction of a person who is factually innocent and people that practically played no part in the crime they are convicted for. The Innocence Project has been a major driver in the awareness campaign. The Innocence Project seeks to exonerate people that have been wrongfully convicted across the nation, through the process of DNA tests (Huff & Naughton, 2015).

There is no dispute that wrongful convictions are a growing international concern. The recent spate of exonerations, occasioned by DNA tests, in USA has brought the problem to the spotlight. It is practically impossible to arrive at an accurate number of wrongful convictions. In the US, nevertheless, estimates suggest that the rate is between 0.5 and 5 % of convicts(Huff & Naughton, 2015; Hamer, 2014). America has nearly two million people serving jail sentences. It therefore means that there are thousands of innocents that have been wrongfully convicted. It is pointed out that only 1% of innocent people brought for trial in Australia are wrongfully convicted. It, therefore, means that there are 200 innocent people serving sentence in Australia at any one point.

DNA tests have, so far, shown that 138 people are wrongly in prison in the USA. 13 people were on death row. The figures show that at least 23 innocent people have, so far, been executed (Weathered, 2003). Since some convicted cases were exonerated outside the use of DNA evidence, they have not been included in the figures discussed here.

The harrowing emotional and psychological pain that comes with wrongful convictions is not a preserve of only those nations that impose the death penalty sentence. Psychology studies show that there are serious traumas caused by wrongful convictions. The effects are said to persist way beyond the time a person was convicted (Huff & Naughton, 2015). Some of the notable signs include a personality change. The affected individuals have shown severe post traumatic disorder and accompanying behavior complexes. For people working with wrongfully convicted persons, the suffering is profound. In fact, the survival of such people, coupled by their resilience of forgiveness and grace are surprising elements.

1.1. Program review

The “Innocence Movement” and the Innocence Project are largely the same. The Innocence Movement is a product of affiliated initiatives of the Innocence Project. There are many local and international organizations pursuing the same cause presently under what is now referred to as the Innocence Network. The innocence Network is a set of organizations that provide assistance to the convicted people that seek to prove their innocence in courts. The network assists people with pro- bono and investigative services (The Innocence Network, 2015). The Innocence Network holds an annual conference with representatives from all affiliated organizations and people that have been exonerated from various penal institutions across the US and elsewhere. It also hosts numerous researchers, ordinary citizens and public officials (Huff & Naughton, 2015). So far, 330 people have gained their freedom through the use of DNA testing, including 20 that were on the death sentence (Huff & Naughton, 2015).

The Center for Wrongful Convictions is yet another important organization concerned with the issue of miscarriage of justice. It has its head offices at the school of Law of Northwestern University. 42 innocent people have been exonerated since the organization started in 1998. The center takes and reviews requests for revisiting cases of clients that seek court redress to prove their innocence. While the center is preoccupied with those already convicted, and seeks to prove their innocence, it, sometimes, lends a hand in retrials of cases that have been remanded after reversal. The center also has special interest in representing the youth and women. The center has generated notable articles in the area of wrongful convictions and highlights the causes therein. It has assisted in the initiation of important reform policies in several states including Illinois. It played a significant role in the creation of the National Registry of Exonerations discussed below (Bluhm Legal Clinic, 2015).

Centurion Ministries was founded in 1983 by Jim McCloskey. It was founded long before the formation of the Center for Wrongful Convictions and the Innocence Project. It was started as a non profit outfit focused in exonerating those that have been wrongfully convicted. McCloskey took interest in the subject when he was still a student at the Theological Seminary of Princeton University. He served as a chaplain at Trenton State Prison in New Jersey. While at the institution, he met Jorge De Los Santos, an inmate serving a life sentence at the institution. He came to believe that Jorge was innocent. Centurion has so far been responsible for the release and acquittal of many innocent people from jails across the US. The organization is a purely an investigative agency with no religious affiliation. Its research effort span from DNA tests to non DNA evidence. In fact it is more preoccupied with the latter, and does not charge its clients for the services (Centurion Ministries, 2016).

Criminal Justice reform commissions provide a platform for a careful review of previous rulings that may involve convictions of innocent people. Their methods vary significantly, and are guided by their jurisdiction, selection of cases for review and their mandates. They may assist in the identification of causes of errors in the wrongful convictions and provide recommendations for reforms meant to reduce miscarriages in the justice system (Huff & Naughton, 2015). Apart from helping wrongful convictions, such measures enhance the safety of the public by shifting from legalese to identifying the true offenders who might be walking free and likely to commit more offences.

The US, with its federalism tradition, where the authority of the constitution is shared and split among the 50 states and the District of Columbia, has not yet developed an innocence commission for the whole nation. Entities in government for the 11 states have created the commissions instead (The Innocence Network, 2015; Huff & Naughton, 2015). The bodies are independent, and they differ in their respective structures, mandates and focus. Nevertheless, they all investigate causes of wrongful convictions and seek appropriate remedies that could prevent such occurrences in future. Some of their recommendations include eye witness identification procedures, forensic oversight and false confessions. The commissions have critical investigative resources, independence and even subpoena power, in some cases. They are made of well respected representatives of criminal justice authorities, victims of crime and various public groups.

1.2. Significance of the problem

It is important to carefully examine the evidence presented before a court because it is part of the right to a fair trial. It is essential for all the players involved in the system to be above reproach. Such members as the jury, the police, the stage attorney and the judge, among others must be persons of high integrity. The O.J Simpson versus the people case is a good example of instances where important matters commonly pass unnoticed in the course of trial and in the justice system. Glaring revelations plague the justice system (Abramson,1996). One of the most glaring issues in the dispensation of justice and the resulting wrongful convictions is the laxity among the main players in the judicial system. Evaluating the Innocence Program will lead to a revelation of the social effect that an improved judicial system would cause. According to Huff and Killias (2013) and Grounds (2004), there are serious effects of a lopsided system of justice. There has been a general perception that the justice system is skewed to serving only people in high places in authority and the rich. Once success is achieved in the innocence program, the poor people will get reprieve and will be served fairly by the justice system.

1.3. Significance of the evaluation

It is not only necessary but also urgent that those that have been handed wrongful convictions are granted a fair chance to revisit their cases. It is also important that the exoneration process is expedited. A justice system, irrespective of how old and solid but still allows innocent people to be sent to jail because of an erroneous trial process and presentation of falsified evidence among other faults, must engage is a thorough review of its processes to uncover the loopholes. For instance, in the People versus O.J Simpson case, it was demonstrated in court that the LAPD is a culprit in the falsification of evidence. It was demonstrated that mark Furman, a former LAPD detective did not handle the crime scene as should have been, and that he presented false evidence in court (Toobin, 2016). The revelation led to an intense review of the LAPD, with the intention of cleaning out the dirt and healing the maladies. It also focused on exonerating the victims of wrongful convictions that were informed by the falsified evidence. If the criminal and justice systems understand the harrowing experiences that the victims of wrongful convictions and their families go through, they will seek ways of preventing any such convictions in future. The right to thorough examination of evidence and a fair trial is not debatable. All the active participants in the justice system including the police, the judge, the dense attorney, the jury and others must uphold high integrity.

1.4. Motivation of the study

The O.J Simpson versus the people case is a clear indicator of the rot within the justice system. Abraham (1996) uncovers the problem by revealing the issues. It is noted that the main problem that leads to wrongful convictions is laxity among the main players in the justice system. Evaluating the Innocence program will demonstrate the social significance that a reformed judicial system would have. The existing perceptions of the justice system and the judiciary that see it as serving the rich and mighty will be removed and replaced with a system that is seen to serve the poor people too; Huff and Killias (2013) and Grounds (2004) point out. It is widely believed that the poor and the middleclass are victims of a lopsided justice system that offers “justice for sale”.

1.5. Research question

What aspects of the innocence program need improvement, and in what ways, in order to guard the judicial system from wrongful convictions?

2. Literature review

2.1. Introduction

Convicting innocent people constitutes abuse of justice. It is involves sentencing and punishing people for a crime they never committed (Huff & Killias, 2013). Both criminal and civil cases carry their share of wrongful convictions. A lot of criminal justice systems have been designed to overcome such eventualities and overturn erroneous decisions by juries and judges. However, it remains hard to achieve such an end because of the underlying problems within the justice system. It takes years and, sometimes, decades to overturn wrongful convictions. Sometimes, one’s innocence comes to the fore after being released from jail/after serving their term, after they have died or even after execution. Miscarriage of justice and wrongful convictions are widely the same. The phrases are used to refer to unfair trials. Looking out for better ways of collection, keeping and presentation of evidence is a useful channel to use to prevent wrongful convictions. The use of DNA tests to exonerate wrongfully convicted people has gained popular use lately.

2.2. Unfair conviction transformations in the U.S.

The US has made a lot of progress with regard to dealing with the issue of wrongful convictions. There is still room for improvement, nevertheless. The officials and the general public are increasingly becoming aware of the problem. The result of these developments has been a higher rate of identification of cases of wrongful convictions. There are more reforms being pursued; following such awareness.

2.2.1. Legislation and Public Policy

Advances in forensic science have also happened because of public policy and legislative reforms. In 2004, the Justice Reform Act became operational. It combined provisions from the earlier Innocence Protection Act. The Kirk Bloodsworth Post-Imprisonment DNA Testing was part of the Innocence Act provisions included. The legislation opened channels for more funding for DNA technology and providing guidelines for the use of the same in the criminal justice system. It has already been pointed out earlier in this paper that individuals that have been convicted can be provided with DNA testing after conviction if they express the need to demonstrate that they were innocent, and point out that the DNA testing would present fresh evidence supporting such claims of innocence.

The act (1) extends more grants to local governments and the state for analysis of DNA samples and to improve the labs in which their DNA tests are carried out, and (2) enhances quality control in DNA testing procedures by calling for government labs to go through auditing and accreditation; once every two years to demonstrate that they are in tandem with the standards set by the federal government. The legislation has also given permission to crime labs of the state to store all DNA profiles of individuals whose DNA materials were collected legally, and include such samples from both juveniles and adults arrested. The law has also extended the limitations statute at the federal level in instances where the DNA testing implicates a claimant, as long as it will be needed to uncover the true identity of the perpetrator.

2.2.2. The Death Penalty

In the United States, criminal convictions call for proof beyond reasonable doubt. Owing to the fact that such convictions are informed by the probability of guilt as opposed to certainty, practice and public policy allow for appellate review of the same. Such review may lead to exonerations in some cases. However, the dilemma remains when such a person is executed before a chance to prove them innocent is given. The justice system in the US allows for the exoneration of the innocent, and sometimes even provides compensation; depending on the states in question. However, if an innocent individual has been executed, there is little to be done for them. Consequently, removal of the death penalty is a primary agenda of the Innocence Movement.

When the 13 men that were on death row in Illinois were freed after successfully proving their innocence, the governor at the time: George Ryan made up his mind that there were still more questions than answers with regard to the administration of justice and the death penalty in particular. He suspended executions and constituted a commission to examine the death penalty and present a report. The recommendations of the committee (see Report of the Governor’s Commission on Capital Punishment, 2002) stirred a lot of debate across the nation. Other states emulated the same strategy and formed commissions. A moratorium on the death penalty was also initiated by the American Bar Association (see American Bar Association, 1997). The state of Illinois abolished the death penalty after deliberations on the governor’s committee report. However, 32 states out of the 50 still have the death penalty in their laws. The US has executed 1414 people since 1976. Over 3000 others are still on death row (Death Penalty Information Center, 2015).

After hitting the peak in 1999, with over 98 people being executed, executions have significantly dropped. The number had gone down to 39 by 2013 (Death Penalty Information Center, 2015). Similarly, instances of suspects being handed death sentences in the US have declined; from as high as 294 in the year 1998 down to 79 in the year 2013(Death Penalty Information Center, 2015). The increased public awareness and campaigns regarding the right for fair trial, and particularly on the use of DNA testing, by various agencies have contributed to the declines highlighted above. The drop is noted to have slipped from a high of 80% in 1994 to 60% in 2013(see Saad, 2013).

2.3. OJ Simpson’s case and its impact on criminal justice

The criminal justice systems and processes in the US inform the state of US laws today. Some significant entities include the governmental authorities and political leaders of the 19th C. The system includes such bodies as the local police, courts and correctional centers which were developed for ensuring the safety of American citizens. There is a structural plan that is the bedrock for the provision of legal service and maintaining law and order in America as a society (Zedner & Ashworth, 2012). The US criminal justice system has undergone a number of modifications following the occurrence of some historic events in the context of criminal law. These events revealed the system’s underbelly (Mueller, 1996). The same events are thought to have largely influenced the change in the execution of the case process for the sake of upholding justice. The case of O.J Simpson versus the people case is an example available. Simpson was tried for the murder of Nicole Brown; his ex wife and Ron Goldman; a waiter at Mezzaluna Restaurant. Nicole and Ron were discovered dead on June 13th, 1994.

The bodies of the victims were found slightly before midnight struck. In the prosecutor’s assessment, the murder happened in the region between 10.15 and 10.35PM. Simpson and Kato’s whereabouts were not clear as from 9.36 PM to 10.55 PM, when a driver of a limo named Allan Park spotted Kato within the estate and what he described as a shadowy figure who appeared to be , checking into the house. Shortly after, O.J Simpson left for the airport to board a midnight flight headed to Chicago (Mueller, 1996). Simpson’s lawyers claimed that Simpson was in the house, asleep for the time he was not accounted for. The types of evidence below were presented by the prosecuting lawyers in their attempt at proving that Simpson was guilty.

For starters, they sought to demonstrate Simpson’s frame of mind, appearance, conduct and motive for the murder. Thy stated that Simpson was worked up by the departure of Nicole, who had left, reconciled with him and left again only the previous month (Muller, 1996; Thompson, 1996). Nicole had declined Simpson’s birthday present and excluded him in the family circle in the performance time and the subsequent procession to dinner. In addition, prosecutor’s pointed out that the left index finger of the accused was injured; an observation made by police officers when the murder occurred. The injury was not spotted by anyone among those who attended the dance recital or even Kato K.

A ski cap and a blood-stained left hand glove picked from the crime scene were yet other pieces of evidence that the prosecution presented. The right hand glove was also discovered near Simpson’s house on the walkway. It was also stained with blood. The fibers that were picked from Goldman’s shirt, the Bronco fabric, the ski cap and the gloves were proved identical (Mueller, 1996).

The proof that was presented next was scientific in nature. DNA testing was conducted on the Bronco and glove. The outcome matched Simpson, Goldman and Nicole. The sample of blood obtained from the suspect’s bedroom was also tested and results shown to match Nicole Brown’s DNA. And then, there were the blood drops that were discovered from Rockingham house walkway, hallway and the Bundy sidewalk. They also matched O.J Simpson’s DNA (Mueller, 1996; Fairchild & Cowan, 2010). The scientific evidence was highly incriminating; only one in seven billion people would there be a possibility of alleles being identical in both the accused and the sample collected from the crime scene.

The defense also presented a formidable counter-attack. They discredited the prosecution’s case regarding Simpson’s state of mind, motive and conduct among other assessments as wrong. They stated that Simpson was never furious at the victim, and never intended causing any harm to her (Brewer, 2004; University, 2018). In a home- made video presented as evidence of Simpson’s emotional state at the function, he was portrayed smiling. He seemed congenial as he interacted with a parent of a performer. The defense team also rubbished the integrity of the evidence presented by the defense team along with its interpretation. The defense lawyer named Cochran made a joke of the idea that his client would masquerade using ski cap (Hasian Jr., 2003). The case was suddenly tilted against the prosecution when the defense claimed that the gloves found near Simpson’s residence were placed there by Mark Furhan, a prejudiced policeman intending to frame Simpson. The scientific evidence was in the line of fire too (Thompson, 1996). The defense team poked holes in the evidence by pointing out errors in the collection of the blood sample evidence. They demonstrated that there was a possibility of a mix-up or cross contamination of the samples at the crime scene or the lab. O.J Simpson was acquitted of the murder charges via a unanimous voting by the jury.

The practical effect of the case was that there was racial impartiality in the conducting of law enforcement. Whites and non whites had varying experiences in the criminal justice service rendered (Jones, 2018; Labaton, 2018; University, 2018; Skolnick & Shaw, 2010). Major race related issues came to the fore in the case. The responsibility of the media, whistle blowers and the economics surrounding the justice system were not spared either (Amaya & Lai, 2013). The case triggered a closer view of the interests of the law enforcers, the accused and an effort to establish whether the system really worked in favor of the best interests of the citizen in general. The Judicial Council of California on 27th October 1995 pronounced their intention to modify the jury system in the following ways. It intended to reduce the number of jurors to eight, raise the salaries of jurors, disallow cameras in court and get rid of unanimous rulings in some criminal cases (Brewer, 2004). The council also restructured the system of DNA evidence collection, testing and presentation before the court (Fairchild & Cowan, 2010). The council acted in response to the outrage by the pubic after the ruling of the Simpson case. The evidence code of the legislature was altered to make sure that evidence that was not admitted in the Simpson trial would be admitted in future cases. Further, exceptions about some new hearsay were included in the law. These changes were additions to domestic violence-based rules that virtually admitted everything.