How Can Individuals be Wrongfully Convicted: How Prisoners Are and Can Be Serving Prison Sentences for Crimes They Did Not Commit and The Decision-Making Process for The Sentencing

             There are a myriad of reasons why individuals can be wrongfully
             convicted and end up serving long prison sentences. One of the main
             reasons why this occurs is that victims often identify the wrong
             perpetrator. Eyewitness testimony is particularly powerful in cases where
             there is very little evidence linking the accused to the crime. In many
             cases, this eyewitness error is not intentional; the victim is traumatized
             and wants someone to pay for the crime. In addition, eyewitness error can
             occur when the perpetrator and alleged perpetrator have similar features.
             According to the Journal of Criminal and Criminology, eyewitness
             error is the cause of many wrongful convictions. The article explains
             "A study of 84% of DNA exonerations revealed that mistaken eyewitness
             identification was the primary evidence used to convict the actually
             innocent defendants. (15) This study was by no means the first one of
             its kind. In 1932, Edwin Borchard, a law professor at Yale University,
             published a collection of sixty-five cases where an innocent person
             was convicted for a crime he did not commit. (16) In his book,
             Borchard cited eyewitness error as the "major source of these tragic
             errors." (17) In fact, eyewitness error was responsible for twenty-
             nine of the sixty-five erroneous convictions examined in the
             Borchard found that eyewitness testimony is almost useless unless the
             testimony is corroborated with other evidence. Borchard found that there
             were several reasons why eyewitness error occurs. He concluded that
             "Emotional balance of the victim or eyewitness is so disturbed by his
             extraordinary experience that his powers of perception become
             distorted and his identification is frequently most untrustworthy.
             Into the identification enter other motiv...

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How Can Individuals be Wrongfully Convicted: How Prisoners Are and Can Be Serving Prison Sentences for Crimes They Did Not Commit and The Decision-Making Process for The Sentencing. (1969, December 31). In MegaEssays.com. Retrieved 10:45, November 15, 2024, from https://www.megaessays.com/viewpaper/201625.html