23 Şubat 2013 Cumartesi

Wrongful Convictions!

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Wrongful convictions are part and parcel of the criminal justice system. There are reasons for it such as that a third of eye witness testimony given in the US are wrong, people feel they saw what they didn’t, they misidentify people and sometimes overzealous officers feel someone, anyone should take the fall for a crime so they can close the case. There have been many overturned wrong convictions and that just the ones who were lucky enough to have people fight for them and get them out through DNA science, determination, perseverance, luck, and help

A Latino male named Frankie was16 years old with a baby on the way when he was convicted of murder. His real crime was that a year before he allowed a strange man who asked to take a picture of him to take it. He was young and even smiled in the picture. He didn’t know the picture would be used in a line up for a crime. This is classic racial profiling. The man probably thought, “He’s a young Latino male, he’s bound to get into criminal trouble at some point so I might as well take his picture and put it on file now…”

He spent 15 years of his jail time in Fulsom before he received help by asking a person named Tony who worked in the jail who was retiring on his last day there to get his story out for him through a lawyer or a reporter. Tony was faithful and did so when he was at a conference and met a lawyer named Ellen Agers six months later. Ellen visited him and was compelled to help him. Frankie spent 20 years in jail total, but she got him out through DNA evidence which exonerated him. Also the six boys who picked him out of a “photo line up” recanted. They were now grown men saying they were manipulated by the police department during which one of them had been told to select Frankie’s picture and pass on the directive to the rest to comply with because the department was trying to get an arrest at any cost and close the case.

Frankie’s lessons learned: Don't let a law enforcement picture take your picture without reason. If you or your loved one is in jail, writer letters, make calls, don’t accept incarceration as your life’s fate and don’t give up.

Update on Frankie: The department acknowledged the wrong doing and he has filed to receive the $100 per day he is due for his wrongful conviction as is done in California but he hasn’t seen a dime yet. He has already started a civil rights lawsuit against the department.

Note:
1. We identify people of our own race better than other races because we are familiar with our own features. When we identify people of other races our error of margin increases to about 50%. So a Caucasian woman saying a black man that looks like “XYZ” raped her may be inaccurate due to the difference in races.

2. Memories are often inaccurate recording devices. A third of eye witness testimonies given in the US are inaccurate. Recollections are often traumatized perceptions and recollections often clouded by other factors such time, darkness, distance, substance use etc.

3. The justice system is flawed. Generally speaking, Caucasians are innocent till proven guilty, while minorities are guilty till proven innocent.

4. There’s a perception that male minorities such as blacks and Latinos are the face of crime in the US.

5. All Caucasian juries should never be allowed to convict a minority of a crime especially if it is a crime against a Caucasian because they might judge unfairly and harshly.

6. DNA should be done speedily. It’s costly but it should be done, even if the convicted persons’ family has to raise the funds for it to be conducted. It’s still cheaper than what it costs the state to provide for an inmate.

7. Inmates should remember that they are their own best advocates.

a.)If you’re unjustly incarcerated the law library should be your home in jail. Research your own case and tell your lawyers what to do to get you out.

b.) Contact Centurion Ministries for help at www.centurionministries.org The group’s mission is to vindicate and free from prison those individuals in the United States and Canada who are factually innocent of the crimes for which they have been unjustly convicted and imprisoned for life or death.

c.) The more you are willing to do for yourself, the more people will be willing to help you. If you don’t work hard on your case, don’t be surprised when others don’t and you’ll just stay where you are...

d.) Have courage. Be resilient, focused and patient.

8. If you are a concerned citizen thinking of what you can do, you can become an advocate! Write a legislator in you area about this issue. Contact a civil rights organization and help them any way you can. Make it known that this is not okay.

Prevention is best. These incorrectly convicted people lose their lives, relationships and families when they are in jail. They are financially compensated but they can't regain the time the lost. So stand up and help them.

9.) If you get out of prison, contact Mothers (Fathers) for the Advancement of Social Systems Inc. (MASS), at http://massjab.org/ They are a non-profit foundation providing a pathway for adults, families and children seeking a meaningful opportunity to become productive citizens. They help people being released from prison readjust to life without bars and provide support for the children and families of adult offenders at high risk for substance abuse, medical or emotional disorders and poverty.

Other Helpful Resources: Center on Wrongful Convictions. www.law.northwestern.edu/cwc/
The Innocence Project www.innocenceproject.org/understand/Share
National Registry on Exonerations.
http://www.law.umich.edu/special/exoneration/Pages/about.aspx

A word is enough for the wise…

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