Miscarriages of Justice

Actual Innocence, Forensic Evidence, and the Law

Brent E. Turvey, Craig M Cooley

• Publisher: Academic Press
• Year: 2014
• ISBN:
  9780124095281
• Topic: Law
• Subtopic: Forensic Science
• Index: Law

Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem.

• Written by practicing criminal justice professionals in plain language for undergraduate students
• Covers multiple perspectives across the criminal justice system
• Informed by experience working for Innocence Projects across the United States to achieve successful exonerations
• Topical case examples to facilitate teaching and learning
• Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583

Section 1

Miscarriages of Justice: Nature and Frequency

Outline

Chapter 1. Miscarriages of Justice

Chapter 2. Wrongful Conviction Rates

Chapter 1

Miscarriages of Justice

An Introduction

Brent E. Turvey¹, and Craig M. Cooley

Abstract

This text is written as a lighthouse for those in the criminal justice system and for those studying to become part of it. It will make readers aware of the essential responsibilities that must be serviced in the cause of justice—the required professional route through what can be treacherous weather and water. However, it will do so through the lens of consequence, by examining what happens when those who are employed to serve fail in their respective duties.

It is not enough that readers will come to understand the nature and extent of failures in the criminal justice system and how they can lead to miscarriages of justice. They will also learn how such failures are both preventable and correctable. It is believed that this knowledge will result in more capable professionals and better professional decision making.

Keywords

criminal justice system; detention; failure to investigate and arrest; failure to prosecute; false arrest; ineffective assistance of counsel (IAC); miscarriage of justice; presumption of innocence; wrongful acquittal; wrongful conviction; wrongful detention; wrongful prosecution; wrongful sentencing

The criminal justice system in the United States rests on the principle that the accused is innocent until proven guilty. This is referred to as the presumption of innocence, which requires the state to prove a defendant’s guilt beyond a reasonable doubt. As explained in Coffin v. United States (1895): “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.”²

The presumption of innocence is founded on the belief that it is worse to convict the innocent than to let the guilty go free (e.g., In re Winship, 1970). In other words, convicting the innocent is viewed by the law, and by society, as an unacceptable price to pay for justice. As explained in Schlup v. Delo (1995), “concern about the injustice that results from the conviction of an innocent person has long been at the core of our criminal justice system.”

To make this point, professors often ask their criminal justice students this question: “Which is worse: for one innocent man to be convicted or for ten guilty men to go free?” It is a question that is intended to help students confront their personal preferences and belief systems, as well as the extent to which they align with those required by criminal justice practitioners. It is also a helpful discussion starter—revealing threshold assumptions and attitudes.

However, the interesting reality is that when the innocent are convicted, those responsible almost always remain free to commit more crime. Therefore, convicting the innocent all but ensures protection for the factually guilty. The follow-up question then becomes whether it is ever acceptable to protect those responsible for crime. These questions are the perfect place to start our work.

This text is written as a lighthouse for those in the criminal justice system and for those studying to become part of it. It will make readers aware of the essential responsibilities that must be serviced in the cause of justice—the required professional route through what can be treacherous weather and water. However, it will do so through the lens of consequence, by examining what happens when those who are employed to serve fail in their respective duties.

It is not enough that readers will come to understand the nature and extent of failures in the criminal justice system and how they can lead to miscarriages of justice. They will also learn how such failures are both preventable and correctable. It is believed that this knowledge will result in more capable professionals and better professional decision making.

The Role of the Criminal Justice System

The criminal justice system in the United States is the network of government and private agencies intended to identify and manage criminal suspects, defendants, and convicted offenders. The modern criminal justice system consists of the following major interrelated and interdependent pillars: academia, law enforcement, forensic services, the judiciary, and corrections. Their unifying purpose is to facilitate legal justice. Legal justice is achieved by forging the rights of individuals with the government’s corresponding duty to ensure and protect those rights (Crowder and Turvey, 2013).

Another way of understanding the role of the criminal justice system is as that of an impartial arbiter. Ideally, its representatives step in when there is a dispute, dispassionately determine who did what, establish whether the law has been broken and by whom, and then determine a fair punishment. Simply put, the primary function of the criminal justice system “is to convict the guilty and free the innocent” (United States v. Nobles, 1975).

This function is designed to be accomplished at different stages by separate parts of the justice system working at their respective tasks. Law enforcement is meant to investigate the facts and make arrests only when there is probable cause; forensic examiners are meant to analyze evidence and explain its strengths in court based on scientific proofs; prosecutors are meant to seek truth and justice; defense attorneys are meant to defend their clients; and judges are meant to impartially explain and render the law to preserve the rights of all parties. None of them can do their job competently until properly educated and trained.

All of this is to say that the role of the criminal justice system is to facilitate legal justice and to avoid miscarriages while doing so.

Miscarriages of Justice

Despite its intended role, the criminal justice system is not always fair and impartial. As we will explore in this text, there are those working within it who act unjustly. Consequently, a criminal defendant can become a victim of bias, corruption, ignorance, error, and even indifference (as well as the resulting shrunken budgets). When this happens, it is referred to as a miscarriage of justice.

However, the literature has been narrow in its treatment of miscarriages. As discussed in Naughton (2005), defining a miscarriage of justice tends to be a matter of law, applied retroactively (p.165):

One of the defining features of the study of miscarriages of justice is that whatever allegations of wrongful criminal conviction there may be, a miscarriage of justice cannot be said to have occurred unless, and until, the appeal courts quash a criminal conviction. For instance, the Birmingham Six (Mullin 1986)—perhaps one of the most notable cases in recent times—had two unsuccessful appeals before they successfully overturned their criminal convictions and were officially acknowledged as miscarriage-of-justice victims. This renders the study of miscarriages of justice inherently legalistic and retrospective. ‘Legalistic,’ as miscarriages of justice are wholly determined by the rules and procedures of the appeal courts—if those rules and procedures change, then the way in which miscarriages of justice are defined and quantified will also change. ‘Retrospective,’ as there is no way of knowing about how many wrongful convictions will be overturned in the future or how many are in the process of being overturned. They remain ‘alleged’ miscarriages of justice until they pass the test and achieve a successful appeal.

This discussion is useful, but its author ignores the reality that miscarriages of justice take many forms—and that they do not always involve a courtroom.

A more inclusive perspective can be found in Forst (2011, p. 1210):

The scholarly literature on miscarriages of justice has focused primarily on wrongful convictions, and with good reason: the presumption of innocence is a bedrock principle in our system of criminal justice. But miscarriages occur on both plates of the justice goddess’s balance scale. They begin at the point of community failures to report serious crimes and police failures to respond to the ones that are reported. They include wrongful arrests and convictions, as well as wrongful dismissals and acquittals. Miscarriages of justice often continue beyond conviction, through sentencing, correctional treatment, and eventually, to failures to support the successful reintegration of offenders back to the community.

The authors have had their own experiences regarding the variety of harms that can result when the justice system breaks down. These align more with the broad view taken by Forst than with those offered elsewhere. For the purposes of this text, therefore, we will define a miscarriage of justice as a major failure on the part of the justice system that harms defendants or society. This definition may seem overly inclusive, and it should. A discussion of specific miscarriage types is warranted.

Miscarriages: A Typology

Miscarriages of justice come in a variety of forms. All of them relate to legal consequences, but they need not result in harm done by the court (which is only one branch of the criminal justice system). The most common miscarriages include:

1. Wrongful detention

2. False arrest

3. Failure to investigate and arrest

4. Failure to prosecute

5. Wrongful or malicious prosecution

6. Ineffective assistance of counsel

7. Wrongful acquittal

8. Wrongful conviction

9. Wrongful sentencing

Wrongful detention occurs when an individual is taken into law enforcement custody in violation of agency policy, individual civil rights, or the law....

Table of contents

• Cover image
• Title page
• Table of Contents
• Copyright
• Preface
• Foreword
• About the Authors
• About the Contributors
• Section 1. Miscarriages of Justice: Nature and Frequency
• Section 2. Miscarriages of Justice: Investigative Causes
• Section 3. Miscarriages of Justice: Forensic Causes
• Section 4. Miscarriages of Justice: Legal Causes
• Section 5. Miscarriages of Justice: Remedies
• Glossary
• Index