Lunes, Hulyo 5, 2021

What Are the Causes of Wrongful Conviction?

Although we have a robust judicial system that aims to protect innocent people, wrongful convictions still happen for several reasons. Some people spend more than ten years in jail and only then get exonerated later. Someone who is wrongfully convicted may go through trauma that scars them for life. What leads to wrongful convictions? If a friend or relative has been wrongly convicted in criminal cases, hire an appeal lawyer to get justice.

Following are the possible causes of wrongful convictions across the USA.

Incompetent Defense Lawyers

When a defendant does not have the resources to hire an experienced lawyer, they may get an incompetent or overburdened lawyer who is ineffective in the case. Not properly preparing for the trial can jeopardize an innocent person’s freedom and life. In such instances, the best thing the defendant can do is get an appellate attorney. Experienced appellate attorneys may be able to help even those who have spent a few years in prison or are sentenced to the death penalty.

Unreliable Witnesses

Eyewitness error is the most common cause of wrongful convictions. According to research, an eyewitness cannot recall the exact events reliable like a tape or video recorder. It’s difficult for witnesses to preserve the memory without it getting contaminated. Of the convictions overturned by DNA testing, 72% of the cases had eyewitness errors.

False Confessions

Innocent defendants may make incriminating statements or plead guilty because of external influences. These confessions can sentence them to life in prison or the death penalty. Some people on trial may make a false confession because of a real or perceived threat from the police. Fear of a harsher punishment is also a reason someone may falsely confess.

Negligence and Misconduct of Officials

Some wrongful convictions are caused by negligence or honest mistakes by the prosecutors and law enforcement officials. Misconduct of the prosecutor or police department is another popular reason.

If you find errors in the proceedings in a trial court, you can appeal in an appellate court. Hiring an appellate lawyer is the best way to handle the case.

Error in Forensic Evidence

Apart from DNA testing, hair microscopy, firearm tool mark analysis, bite mark comparison, and shoe print comparisons may also be submitted as evidence. There are chances that this forensic evidence can be fabricated, putting the freedom or life of an innocent person in danger.

The post Blog first appeared on .

from The Candid Review, Appeal Lawyers & Blog https://www.brownstonelaw.com/blog/what-are-the-causes-of-wrongful-conviction/
via https://www.brownstonelaw.com

Walang komento:

Mag-post ng isang Komento