MIDTERM 3: wrongful convictions

Question 1

discuss the cause of “eyewitness error”

Answer 1

• limitations with human perception and memory
• police can intentionally or unitentionally influence eyewitnesses
• police pressure can get witnesses to recant their memory

Question 2

discuss the cause of “race and class bias”

Answer 2

• minorities and the poor are over-represented

Question 3

discuss the “malliability of confidence” under the cause of eyewitness error

Answer 3

• flexible nature of ppls certanty over what they have seen
• ppl more confidence in their choice if they get positive feedback
• confidence has little to do with accuracy

Question 4

if a conviction review has been granted, it goes to the , then their reccomendation is passed onto the . this is not the decision if the person is guilty, rather the determines whether there has been a and warrants a

Answer 4

CCRG, Minister of justice, Minister of justice, miscarrage of justice, new trial or an appeal

Question 5

discuss the “compensation” of the state responses to wrongful convictions

Answer 5

• can be awarded for pain and suffering, financial costs, and to family members
• ex: david milgard who served 23 years in prison
• govs can dispute the order

Question 6

discuss the cause of “erroneous forensic evidence”

Answer 6

• often intentional or unintentional
• forensic materials have been known to be flawed
• ex: charles smith -> forensic pathologist

Question 7

what are the common themes of the effects of wrongful conviction

Answer 7

• loss of freedom
• impact on identity
• difficulties created by resistance
  
  • resisting the lable of being convicted as an offender gets framed by authorities to accept resonsiblity
  • resisting identity as an offender can result in unpleasant consequences
• impact on family
• impact on society/system
  
  • losing faith in teh system brings it into disrepute

Question 8

List the 6 main causes of wrongful convictions

Answer 8

causes reflect the intersection of individual and systemic factors

1. eyewitness error
2. erroneous forensic evidence
3. false confessions
4. use of jailhouse informants
5. professional and institutional misconduct
6. race and class bias

Question 9

discuss the “commissions of inquiry” with regards to the state responses to wrongful conviction

Answer 9

• given a specific mandate
• findings of fact
  
  • what the commission believes happened in the case (findings) as well as its reccomendations (not binding)
• comissions dont have ability to find someone criminally or civily responsible

Question 10

discuss “unconscious transference” under the cause of eyewitness error

Answer 10

• eyewitnesses get confused with the people involved
• witness misidentifies a person

Question 11

why do wrongful convictions happen?

Answer 11

Because of error and deliberate actions from prosecutors

Question 12

what is the most important factor os the cause of wrongful convictions?

A) erroneous forensic error

B) false confessions

C) eyewitness error

Answer 12

C) eyewitness error

Question 13

discuss the “conviction review” of the state responses to wrongful conviction

Answer 13

• individual can request conviction review
  
  • done by the CCRG
• exhaust appeals process
  
  • they can spend years incarcerated before they reach a conviction review
• needs to have a new matter of significance to justidy a review
  
  • fresh evidence
• uncommon

Question 14

discuss the cause of “use of jailhouse informants”

Answer 14

• provides information in exchange for some benefit
  
  • leniency for punishment for ex
• jurers put lots of faith on jailhouse informants

Question 15

what are the 3 main state resopnses to wrongful conviction

Answer 15

1. conviction review
2. commissions of inquiry
3. compensation

Question 16

discuss the cause of “false confessions”

Answer 16

• often a consequence of police interrogation techniques
• reid technique can be responsible for false confessions
• police can mislead ppl about the evidence they have

Question 17

discuss the cause of “prefessional and institutional misconduct”

Answer 17

• result of tunnel vision
  
  • all they see if a guilty person and are determined to convict
  • leads to midinterpretation of evidence; supression of evidence; and manufactured evidence
• involve witholding of evidence that is favourable to the defence
• judges play a role in preventing or contributing to wrongul convictions
  
  • done with admissibility of evidence
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