Forensic sciences and miscarriages of justice copia

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A miscarriage of justice refers to the conviction and punishment of an innocent person for a crime they did not commit. Causes of miscarriages of justice include coerced guilty pleas, biased investigations, fabricated evidence, and prejudiced courts. Forensic science involves the study and analysis of physical evidence from crime scenes, such as DNA, fingerprints, and trace evidence, to help solve crimes and prevent future injustices.

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Chapters by : Centre Divide FORENSIC SCIENCES AND MISCARRIAGES OF JUSTICE

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Semelhante a Forensic sciences and miscarriages of justice copia

Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...

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1-3 Short Paper: Personality Characteristics Prepare a 1,000–1,750-word paper in which you discuss at least three of your personality characteristics. Using your life experiences, explain how these characteristics were developed. Such life experiences should include the following: · Early development · Family and social relationships · Educational background Assess how these characteristics have influenced your social and occupational choices. C H A P T E R 11 The Trial Process [T]here are principles of liberty and justice, lying at the foundation of our civil and political institutions, which no State can violate consistently with that due process of law required by the Fourteenth Amendment in proceedings involving life, liberty, or property. —JUSTICE JOHN MARSHALL HARLAN I, dissenting, Hurtado v. California, 110 U.S. 516, 546 (1884) 479 CHAPTER OUTLINE THE IDEAL OF THE FAIR TRIAL Comparing Adversarial and Inquisitorial Trials Steps in the Jury Trial IMPORTANT CONSTITUTIONAL TRIAL RIGHTS The Right to Be Present The Appearance of Fairness Subpoena: The Right to Compulsory Process Due Process and Access to Evidence Right to Silence Confrontation, Hearsay, and Cross-examination Presumption of Innocence and Proof beyond a Reasonable Doubt THE JURY Constitutional Requirements Selecting an Unbiased Jury Voir Dire and Fairness LAW IN SOCIETY: JURY TRIALS AND WRONGFUL CONVICTIONS Convicting the Innocent Why Trials Do Not Stop Wrongful Convictions The Adversary Trial SUMMARY LEGAL PUZZLES JUSTICES OF THE SUPREME COURT: THE TWENTY-FIRST-CENTURY COURT: SOUTER, THOMAS, GINSBURG, BREYER, ROBERTS, AND ALITO David H. Souter Clarence Thomas Ruth Bader Ginsburg Stephen G. Breyer John G. Roberts Jr. KEY TERMS abuse of discretion accusatorial trial adversarial trial adverse comment bench trial challenge for cause character witness compulsory process Confrontation Clause cross-examination direct examination dossier dying declaration expert witness hearsay hung jury in camera inquisitorial trial invidious discrimination jury deliberation jury pool jury trial “key man” method master jury list peremptory challenge petty crime presumption of innocence prima facie case reasonable doubt representative cross section secret informants venire verdict voir dire waiver trial Samuel A. Alito Jr. M11_ZALM7613_06_SE_CH11.QXD 1/11/10 5:35 PM Page 479 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U THE IDEAL OF THE FAIR TRIAL All cultures develop methods to ascertain the guilt of those accused of serious norm violations or crimes. Even if offenders are caught “red-handed,” there is a human tendency to conduct formal processes for declaring guilt. The trial therefore has two functions: first, to determine a suspect’s guilt in a practical and efficient manner, and second, to provide a formal setting that solemnizes the conclusion that this person is guilty and must be punished. The jury trial performs these functions in the Anglo-Amer ...

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Chapter 21 - The Investigator and the Legal System 1 The decisions investigators must make involve a great deal of discretion. Investigators must consider what may be termed risk factors. 2 Investigators must consider what may be termed risk factors. Some police officers and criminal investigators are not fully aware of the order in 3 which a trial is conducted because time often prohibits them from attending a complete trail from beginning to end. Also, witnesses are often sequestered from the courtroom before and after giving testimony. This very common practice is used to minimize the possibility that a witness’s testimony might be affected by other witnesses’ testimony. The courtroom process begins with the selection and swearing in of a jury. Jury selection can last a few hours or a few weeks, depending on the selection process and the nature of the case. The jury panel from whom the jurors in the trial will eventually be picked is called a venire. The steps in the trial process include: direct examination, cross-examination, redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing arguments. Evidence can be defined as anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy. 4 a fact at issue in a judicial case or controversy. The rules of evidence are designed primarily to keep a jury from hearing or seeing improper evidence, and the first rule of evidence is designed to set parameters on the above definition of evidence. Proof may be defined as the combination of all those facts—of all the evidence—in 5 determining the guilt or innocence of a person accused of a crime. The pie chart above illustrates how several different pieces of evidence can be put together in order to constitute proof of guilt. 6 be put together in order to constitute proof of guilt. The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed 7 to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute. Direct Evidence 8 Direct evidence usually is the testimony of witnesses that ties the defendant directly to the commission of the crime, such as the testimony of an eyewitness who can positively state that the defendant committed the crime. Real Evidence Sometimes referred to as “physical evidence,” real evidence is connected with the commission of the crime and can be produced in court. Demonstrative Evidence Demonstrative, or illustrative, evidence is not identical to real evidence even though the items introduced are tangible. It consists of maps, diagrams, sketches, photographs, tape recordings, videotapes, X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony. Circumstantial Evidence 9 It is a myth that one cannot be convicted of a crime solely o.

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C H A P T E R 11 The Trial Process [T]here are principles of liberty and justice, lying at the foundation of our civil and political institutions, which no State can violate consistently with that due process of law required by the Fourteenth Amendment in proceedings involving life, liberty, or property. —JUSTICE JOHN MARSHALL HARLAN I, dissenting, Hurtado v. California, 110 U.S. 516, 546 (1884) 479 CHAPTER OUTLINE THE IDEAL OF THE FAIR TRIAL Comparing Adversarial and Inquisitorial Trials Steps in the Jury Trial IMPORTANT CONSTITUTIONAL TRIAL RIGHTS The Right to Be Present The Appearance of Fairness Subpoena: The Right to Compulsory Process Due Process and Access to Evidence Right to Silence Confrontation, Hearsay, and Cross-examination Presumption of Innocence and Proof beyond a Reasonable Doubt THE JURY Constitutional Requirements Selecting an Unbiased Jury Voir Dire and Fairness LAW IN SOCIETY: JURY TRIALS AND WRONGFUL CONVICTIONS Convicting the Innocent Why Trials Do Not Stop Wrongful Convictions The Adversary Trial SUMMARY LEGAL PUZZLES JUSTICES OF THE SUPREME COURT: THE TWENTY-FIRST-CENTURY COURT: SOUTER, THOMAS, GINSBURG, BREYER, ROBERTS, AND ALITO David H. Souter Clarence Thomas Ruth Bader Ginsburg Stephen G. Breyer John G. Roberts Jr. KEY TERMS abuse of discretion accusatorial trial adversarial trial adverse comment bench trial challenge for cause character witness compulsory process Confrontation Clause cross-examination direct examination dossier dying declaration expert witness hearsay hung jury in camera inquisitorial trial invidious discrimination jury deliberation jury pool jury trial “key man” method master jury list peremptory challenge petty crime presumption of innocence prima facie case reasonable doubt representative cross section secret informants venire verdict voir dire waiver trial Samuel A. Alito Jr. M11_ZALM7613_06_SE_CH11.QXD 1/11/10 5:35 PM Page 479 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U THE IDEAL OF THE FAIR TRIAL All cultures develop methods to ascertain the guilt of those accused of serious norm violations or crimes. Even if offenders are caught “red-handed,” there is a human tendency to conduct formal processes for declaring guilt. The trial therefore has two functions: first, to determine a suspect’s guilt in a practical and efficient manner, and second, to provide a formal setting that solemnizes the conclusion that this person is guilty and must be punished. The jury trial performs these functions in the Anglo-American legal tradition.1 Trial by jury was not legislated into being all at once as the best method to resolve criminal cases. Rather, it evolved over centuries in England. As a result many have argued that it is not the most efficient or effective method of separating the guilty from the innocent. Nevertheless, it is embedded in American culture and is guaranteed by Article III and by the Sixth and Seventh Amendments of the U.S. Constitution, as well as ...

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