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Science, Technology, and Reforms in Criminal Justice System

Explore the need for reforms in the criminal justice system regarding wrongful convictions exposed through DNA testing and the role of science and technology in these cases.

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Science, Technology, and Reforms in Criminal Justice System

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  1. Chairperson, Department of Criminal Justice and Legal Studies Missouri Western State University (MWSU) Fulbright Scholar Banaras Hindu University (BHU), August through December, 2012 August 28, 2012 Science, Technology and the Need for Reforms in the Criminal Justice System Professor David W. Tushaus

  2. Three hundred innocent prisoners have been exonerated by DNA evidence Cases brought by Legal Aid Clinics in the U.S. Wrongful convictions are occurring due to: invalid or improper forensic science techniques witness misidentification poor defense work prosecutorial and police misconduct false confessions and the improper use of informants Estimated over 1 Lakh innocents in prison Wrongful Convictions Exposed Through DNA Testing

  3. Wrongful Convictions Exposed through DNA Testing • Wrongful convictions include the most serious cases: • More than 25% of people exonerated were convicted of murder • Eighteen of the 300 wrongly convicted persons were sentenced to die

  4. Wrongful Convictions Exposed through DNA Testing • DNA testing is an option in 5-10 % of all criminal cases • But the factors proven to cause wrongful convictions exist regardless of whether the case involves DNA • 3 – 5 % of all prisoners in the U.S. are estimated to be innocent • DNA testing cannot solve the entire problem. • Reforms are needed.

  5. Wrongful Convictions Forensic Science • Over one-half of the 300 DNA exonerations involved improper forensic science through: • Unreliable forensic disciplines or techniques • Misstatements about statistics • Lack of empirical data to support testimony • Misconduct, either by fabricating data or failing to disclose exculpatory data

  6. Fritz/Williamson Case • 1982 rape/murder • Microscopic hair analysis used at trial with • Snitch testimony • Death Penalty • 1999 – DNA used to exonerate both

  7. Forensic Science Reforms • National Academy of Sciences Forensic Science Committee Recommendations • Establish and enforce best practices for forensic science professionals • certification of scientists • accreditation of laboratories • Oversight of forensic education programs

  8. Forensic Science Reforms • National Academy of Sciences Forensic Science Committee recommendations • Increase lab space • 175 public labs • 30 private labs • 435,879 requests for forensic analysis backlogged.

  9. Wrongful Convictions eyewitnesses. • Eyewitness testimony is like “trace evidence” • DNA exonerations showed over 75% were primarily the result of mistaken eyewitness identification of the convicted suspect

  10. Ronald Cotton Case • Factual Background. • Two rapes and robberies in July 1984 • Cotton’s trial: • Photo id by one victim • Lineup id by one victim • Similar flashlight • Similar tennis shoe • But • Second victim could not identify cotton in 1985 trial • Cotton Family Corroborated alibi

  11. Ronald Cotton Case • Ronald Cotton: • 1985 = convicted on one count • 1987 = convicted on both counts after second witness decided he was the culprit

  12. Postconviction • Bobby Poole, in prison for other rapes, confessed to the rapes • Court refused to allow this evidence • 1994 = DNA evidence exonerated Cotton • 10 ½ years in jail

  13. Wrongful Convictions • Eyewitness reforms • Double-blind identifications • Confidence Statements - how certain eyewitness is at the time of the first identification. Document this in the eyewitness’s own words

  14. Wrongful Convictions Confessions • 25% of DNA exonerations involved confessions or guilty pleas. • About 16% of 40 cases were the result of confessions. • Incapacity • Duress • Misunderstanding

  15. Wrongful Convictions Confessions - Reforms • Record the entire confession • 750 law enforcement jurisdictions require • Results in fewer • motions to suppress • claims of coercion • Require statements be • Voluntary • Reliable

  16. Prosecutor/Police Misconduct • Snitch Testimony • Prosecutorial Misconduct • 1) Lack of solid evidence • 2) Unreliable forensic evidence • 3) Withhold evidence

  17. Justice “It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death.” Maimonides – 12th Century Executing someone without absolute certainty will lead to decreasing burdens of proof, until we convict the innocent.

  18. Justice “Better that ten guilty persons escape than that one innocent suffer.” William Blackstone, Commentaries on the Laws of England, 1760, a common source of law for the U.S.

  19. Justice? The Court need not stop the execution of an innocent person as long as the prisoner had a fair trial. Missouri Assistant Attorney General to the Missouri Supreme Court, February 4, 2003.

  20. http://www.truthinjustice.org/ips.htm

  21. Professor David Tushaus tushaus@missouriwestern.edu

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