Introduction
The innocence project was first initiated by the American criminal justice system which identified that approximately 70% of all eyewitness convictions were falsely attested to (Innocence Project). The innocence project has thereafter been undertaken in the States, Australia, Canada, and many European countries as a way of proving someone’s innocence through the use of DNA testing. The project is essentially aimed at reforming the criminal justice system so that innocent suspects are not convicted for a crime they never did. The project was initially instituted by Barry Sceck and Peter Neufeld in 1992 (New York) but stills retains strong links with Cardozo (Innocence Project).
The Innocence project not only works for those who have been wrongly convicted but also undertakes research and gives advocacy services to the wrongful convictions and to those who have been convicted respectively (Schmidt 553). The innocence project is part of a wider network of innocence organizations all across America and other countries (discussed above) where it is practiced. As recent as August 2010, there have been up to 258 convicted people who have been exonerated from the project (Innocence Project). Most of the cases specially handled by this project include sexual offence cases and murder cases (which contribute approximately 25% of all exonerated cases) (Innocence Project 53).
Most of all innocence programs have helped save innocent Americans from death row and in turn ignited bad sentiments towards the inclusion of death penalties in the justice system (Sillup 22). The success of the project has been documented with successful probes into convicted cases. Some of the cases include the successful exoneration of James Calvin Tillman, a wrongfully convicted suspect who had already served slightly less than 20 years for a sexual assault crime he didn’t commit. James Bain was also successfully exonerated after serving a 35 years jail term (the longest in the innocence project) in 2009 after being convicted on wrong accounts of kidnapping, burglary and rape (Innocence Project 33). Barry Gibbs was also awarded among the highest civil rights settlement by the state of New York for wrongfully being convicted of the murder of a Brooklyn prostitute in 1986. He received $9.9 million in 2010 and an additional $ 1.9 was paid in 2009 (Innocence Project). Gibbs had already served slightly close to 19 years and his initial sentencing was 20 years to life. Since the success rate of the Innocence project is still being witnessed to date, it should be further entrenched in the legal system; even in light of a rigid justice system.
Drawing rational conclusions solely based on ideological views is a wrong thing and should change. Just like the principles if the innocence project, any new evidence should be considered before judgment is passed (Sillup 62). This alternative is undoubtedly unconscionable especially in light of previous wrongful convictions in most states. For instance, the Lindbergh kidnapping case had many people thinking Bruno Richard Hauptmann was involved in a money-laundering scheme and not in the original crimes charged (Sillup 40). Needless to say, the conviction was wrong. Hauptmann therefore wrongly died on the electric chair; something which could not have happened if the innocence project was in place. The innocence project should therefore be upheld in the American justice system because it seeks to streamline the system and prevent injustices.
Wrongful Convictions
Wrongful convictions in America have shaken the credibility of the American legal justice system in light of many reports citing prosecutorial abuses and wrongful convictions. This lapse in the justice system corrupts any semblance of justice which the legal system is supposed to uphold. Past convicts who have been exonerated from wrongful convictions have provided undisputed proof that cases of wrongful convictions are no longer rare or isolated as previously thought. Systemic defects are therefore the leading cause of wrongful convictions today and they can be simply addressed through effective adoption of DNA testing. In the past fifteen years, the innocence project has worked to identify these lapses in the justice system (Innocence Project 85).
Eyewitness Misidentification Testimony
Eyewitness misidentification is among the leading causes of wrongful convictions in America today (Innocence Project). However, the innocence project seeks to rectify this trend. More than 75% of past conviction cases which have undergone successful DNA scrutiny have exposed the unreliability of eyewitness identification (Innocence Project). Interestingly, close to 40% of wrongful identification of victims have been identified in cross-racial identification. However, the current data is only focused on the victims and not on the eyewitnesses. Further studies have also identified that there exists a serious lapse in judgment when identifying suspects from different races. There is therefore a pressing need to protect innocent suspects from such judicial lapses through the innocence program. Nonetheless, this call has been heeded by various states and cities such as New Jersey, North Carolina; and Minneapolis and Seattle respectively (Innocence Project).
Lack of Validation or Improper Forensic Science
Poor validation of evidence and improperly obtained forensic evidence has been identified to cause at least 50% of all wrongful convictions which have later been reversed by DNA testing (Innocence Project). The superiority of DNA testing comes from its rigorous scientific research basis as opposed to forensic evidence like hair microscopy, shoe identification, identification of bite marks and the likes. These techniques haven’t been based on comprehensive scientific research. Interestingly, forensic techniques that have undergone rigorous scientific testing such as serology or blood typing are often improperly administered to give inconclusive or wrong results (Innocence Project). Misconduct has also been evidenced on the part of the police and impartial DNA testing needs to be upheld to avoid such inconsistencies.
False Confessions and Incriminating Statements
False testimonies and statements that incriminate suspects have been a leading cause of wrongful convictions with a 25% attribution rate (Innocence Project). It has also been established that 35% of all false confessions and incriminating statements have been made by witnesses below the age of 18, mentally incapacitated or not fully developed. Surprisingly, about 19 of the defendants in the first 250 cases exonerated on the basis of DNA evidence pleaded guilty to crimes they knew nothing about (Innocence Project 50).
In light of these developments, it becomes increasingly important that the police department electronically record all testimonials so that chances of coercion are eliminated and clean records are availed. Nonetheless, about 500 jurisdictions have heeded to this call and now incorporate electronic methods of statement recording though there is still a strong need to launch a countrywide adoption of the same (Innocence Project 101). The Supreme Court should especially be at the forefront in petitioning all jurisdictions to adopt electronic statement recording systems.
Snitches
According to Innocence project (125), about 19% of all wrongful convictions in America have been attributed to snitching. Due to the “strings” associated with many trials like social favors, return for deals, special treatment and the likes, the innocence program recommends that most testimonies which contain elements of snitching be totally disregarded by the presiding judge (Innocence Project). It is also the duty of the prosecutor to expose the favors snitches get and investigate all active communication between the snitch and other relevant parties. It is therefore important that DNA testing be incorporated because approximately 15% of the cases reversed through the innocence program were caused by snitching (Innocence Project).
Conclusion
The innocence program is a viable method of preventing injustices that exist in the American legal system and indeed the world over. The greatest advantage of the innocence program is its impartiality. Most of the reasons why there have been wrongful convictions in the past are because of human error, mischief and misjudgment. Many people have suffered under the contemporary American justice system as can be witnessed with the case of Bruno Richard Hauptmann. However, an opportunity beckons to change the current system by adopting changes that will improve the credibility of the justice system in totality.
Considering the implicit advantages of the innocence program, it is paramount that the innocence program be effectively supported and improved by all relevant stakeholders because of its efficiency. In the same regard, the justice system should be less rigid to allow for an accommodation of the system. In the long run, this will be an effective way of ensuring suspects get fair treatment and the right criminals are imprisoned.
Works Cited
Innocence Project. Facts on Post-Conviction DNA Exonerations. 2010. Web.
Schmidt, Steffen. American Government & Politics Today. London: Cengage Learning, 2008. Print.
Sillup, Amy. The Innocence Project. 2010. Web.