...Guilty Until Proven Innocent: False Allegations of Domestic Violence Brian Burwell 0481195 Tesc; Oct 2011 AOJ-102-OL009: Intro to Criminal Justice 609-367-4317 bluntreality@gmail.com Abstract This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious...
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...In the court system today, we abide by the words “Innocent until proven guilty”, but in 1692, in Salem Massachusetts it was completely different, they did not believe in the quote “Innocent until proven guilty”. If you were accused, then you must be guilty, that’s how it was in 1692 in Salem. In the book The Crucible, John Proctor is admitting to committing adultery. In The Crucible, by Arthur Miller, Miller uses John Proctor to show how someone can stand up for what he or she believes in, and how society should uphold the idea of “Innocent until proven guilty”. John Proctor has decided to admit that he had committed adultery. John has kicked Abigail out of his and Elizabeth’s service. John says him and Elizabeth asked Abigail to leave, John says it is because what him and Abigail are doing. John starts going to the court, then he decided to admit to what he had done with Abigail. Why did John confess to committing adultery? Reverend Hale has came upon Salem, to join in the court. Hale has came to the Proctors home. Hale is asking them if they have anything to do with satan. John tells Hale “There is no love for Satan in this house, mister” (Miller Act II) Hale has John and recite the Ten Commandments, he...
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...Barry Winston Court Case Synopsis of Barry Winston Court Case In the American legal system you are said to be innocent until proven guilty. In Barry Winstons “Stranger Than True” he states, “what about a situation in which all evidence seems to point to a persons guilt.” Barry Winston may have found it harder to believe his client was innocent when the evidence pointed in the other direction. In the American legal system the accused are guilty until proven innocent. The first reason why Barry Winston believed his client was guilty is because he was drunk. Winston's client blew a fourteen on the Breathalyzer tests. The kid had three beers before he and his sister decided to leave a party. The kid was being charged with manslaughter and a DUI because he wrecked his sisters car, and killed her in the process. Winston notices that the kid never said who the driver was. Another reason why Barry Winston believes his client is guilty is he was too drunk to remember what happened. After leaving the party the next thing Winston's client remember is waking up in the hospital. Winston's client was too drunk too remember anything until be wakes up in the hospital with bandages and casts all over him. The kid doesn’t even remember if he was driving or not. According to doctors the kid has post-retrograde amnesia. Winston was beginning to lose faith in his clients innocents however he states "of course I believe him, but I'm worried about finding a judge who'll believe him." Winston...
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...Reverend Hale In the United States of America, The Bill of Rights states that everyone is “innocent until proven guilty.” In the Salem Witch Trials, this right was not in effect. The judges accused people of being witches without any real evidence, they were guilty until proven innocent. However, Reverend Hale was one voice of reason. In The Crucible, Reverend Hale goes from assisting the accusers of witchcraft, to denouncing the accusations. In the beginning of The Crucible, Reverend Hale is somewhat skeptical, but doesn’t reject the idea that there are witches in Salem. When he arrives, he states, “We cannot look to superstition in this. The Devil is precise.” (Miller 1146) This tells me that Hale is not ready to do something impetuous, and wants to do some investigating before anyone is indicted of any wrongdoing. Hale is a holy man, but also a man of substance and...
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...The statement “A person is innocent until proven guilty” means that you have a say in anything / everything before you are proven guilty. When you are accused of doing something, it is only fair to be given a fair trial to prove yourself innocent. If you have no chance to prove your innocence then obviously you are going to be found guilty even if you actually aren’t. It would be a fair trial if you are being accused of something and you have your evidence to back you up instead it being a slanderous statement against you. In my opinion if someone was accused of doing something, but they had no evidence to prove him or her guilty, then that person should face no charges, or punishments. If someone were to be falsely accused and put into jail for any amount of time is unfair and pointless because they had no evidence in the first place so they shouldn’t have the power to put someone in jail, just because they think it was that person.The person that was falsely accused could have had children and he would've been gone for a huge portion of his or her life just because people thought it was him that did said crime. In The Crucible many women were accused of being a witch for no apparent reason. This got so bad that 12 of the accused women were executed. During these executions there was no proof of these women being witches but they were still...
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...It was once a mystery as to how a bumblebee could fly. Its wings seemed excessively small to support its body weight. Scientists eventually discovered that there were tiny little power packs underneath the wings of the bumblebee. The power packs generate flight. Just like scientists do not give up when they come across a difficulty in nature, nor do Christian scholars give up when they come across a difficulty in the Bible. Mistake 2: Presuming the Bible Guilty Until Proven Innocent The Bible is an ancient historical document and like all ancient historical records, it should be considered true until proven false. The Bible should have the benefit of the doubt. We live our everyday lives assuming statements are the truth until proven different. For instance, we assume the dictionary is correct in its definitions as well as encyclopedias. We even give Wikipedia the benefit of the doubt. American law is based on the principle of innocent until proven guilty. Likewise, the Bible should be considered innocent until proven guilty. Mistake 3: Confusing Fallible Interpretations with God’s Infallible Revelation While the Bible is infallible, our interpretations are not. Although the Bible is accurate in all that it records, our understanding of what it records is subject to interpretation and error. There are times when we read something into a passage that is not there. For instance, passages such as Psalm 104:5, which reads, “He established the earth upon its foundations. So that it...
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...trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law enforcement officers, attorneys, and judges from acting against a person who has not broken a law. Due process gives all people suspected of committing a crime constitutional rights and the opportunity to prove his or her innocence through a process of legal procedures (Zalman, 2008). Another difference between the two models is motive. The aim of Due process is to eliminate and prevent mistakes...
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...protection of our lives, liberty, and property rights, according to due process of life the government cannot stop someone that has been convicted of a capital crime of his or her life before they can go through and complete the appellate process. Everybody that is a citizen of the United States has many different liberty interest and due process of liberty restrict that it keeps the government from taking this liberty interest from us without due process of law. The government has to take the appropriate and legal procedures before attempting to take an individual property. The United States legal system is a system that strongly believes in the idea that anybody that have been accused or that is being accused, must be considered innocent until proven guilty. One of the main focuses of our adversary system...
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...I had minimal knowledge of the American Justice System. I considered our Bill of Rights and its guarantee that a lawyer would be appointed were the defendant unable to afford one. I didn’t understand why an attorney wasn’t present. I was concerned; he needed a professional to have his voice heard. Although I did not know the specifics of the case, I had innumerable questions. Why was he speaking for himself? Had he opted to do so? Would jurors listen with objectivity or be swayed by the handcuffs and government-issued jumpsuit? Reflecting on the case today, I recognize our justice system as unique in its declaration that we are “innocent until proven guilty.” Yet in high profile cases, the public and the media often malign the accused before the case begins. I worry that “guilty until proven innocent” may supersede a time-honored declaration. I feel this concern now and felt the same concern then as I watched the perpetrator defend himself. Were those judging this man doing so fairly? The experience of the trial sparked my interest in the government. I joined a mock trial group during freshman year, viewing cases from multiple perspectives. I sat as judge,...
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...Criminal Procedure Policy Sesanee Lewis CJA/364 January 20, 2014 Walsh, Timothy Criminal Procedure Policy Due process and crime control model shapes the procedures of polices regarding criminals and law enforcement. Due process gives citizens the right to be treated as innocent until proven guilty which is the opposite to the crime control model; you are guilty until proven innocent. Two different approaches, one is a process in which citizens is ensured law enforcement conduct themselves within legal procedures during arrest and the collection of evidence; the other process relying on the integrity of law enforcement by not questioning probable cause nor the collection of evidence to show the guilt of an offender. Due Process gives citizens of America the right to not be deprived of life, liberty, or property without law enforcement going obtaining a warrant by a judge. The rights of citizens by way of due process guarantee a fair process within the criminal justice system. The due process model system of values revolves around the concept of primarily of the individual rights and the complementary concept of limitation of official power of the government. Power is always subject to abuse (Griffiths, 1970). Due process limits this power by give law enforcement rules and regulations as to what they can and cannot do to arrest a citizen and obtain evidence for an arrest. The criminal procedure of due process begins at law enforcement legally arresting...
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...to have to answer for their wrongdoings. This is where the American court system comes into action. A court is designed for defendants to have a fair and speedy trial. Speedy may not happen in all cases though but a defendant is considered innocent until proven guilty under a court of law. The criminal justice system has due process that covers individualization. This makes it difficult to arrest and sentence an individual. Not saying that it is easy get off from committing a crime but all elements of the crime have to be met in order to convict someone. Every case is different and the circumstances can vary to a great degree but it always goes back to a defendant is innocent until proven guilty. According to Siegel, Schmalleger, and Worrall (2011), “U.S. Justice Department has defined a court concisely as an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it” (Chapter 1). The primary role of courts is to reach a decision involving a dispute. This comes down to determining who the guilty parties are or if they are not guilty in criminal and civil cases. Dual consists of at least two parts. In America we have the dual court system which consists of two different courts. According to Siegel, Schmalleger, and Worrall (2011), “the dual court system is a judicial...
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...Although, some fans might perceive, Greg is guilty, due to other allegations towards, former Carolina Panther players that were found guilty, on similar convictions. The door is still open for him; he is still innocent until proven guilty. The tweet is very apologetic, so it shows the people that you converse with, work with, and work for, that you care about them, and how you understand your responsibility to represent...
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...liberties until thoroughly proven guilty in a court of law. The Constitution and its Amendments grant the citizens of the United States the right to remain silent and the right to an attorney, which both should be read to criminal suspects following Miranda v. Arizona. This being said, the majority of criminals are, in fact, read these warnings, but some American terror suspects are not. Therefore, serial killers, rapists, and thieves are read these warnings, but American terror suspects are not. No matter the crime or its severity, an American citizen is entitled to these Miranda Warnings. Ultimately, an American citizen holds certain freedoms and liberties that must be protected and enforced rather than stripped to perhaps obtain information about the attacks, whose existence is...
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...misdemeanors. Criminal Law forces us to confront the most important moral dilemmas of our time. There are many factors to the word innocent. We are taught to believe that what we see or hear is the truth. But what if, what we were told to believe as the truth is a lie. An implication of someone else’s wrong doing. Someone else’s Crime… Men and Women throughout the decade have been wrongfully accused and convicted of a crime that they did not commit. The United States Department of Justice, Bureau of Justice Statistics, admits that statistically 8 to 12 percent of all state prisoners are either actually or factually innocent. * Patrick Waller- He lost 16 years of his life. Cleared by DNA evidence and set free July 3rd 2008. * Tim Brian Cole- He lost 25 years of his life. Cole died in prison on December 2nd 1999, during an asthma attack. He was later cleared by DNA evidence. * Kerry Max Cook- He lost 22 years of his life. Two decades on death row, was released due to DNA evidence in 1999. * Earl Washington- He lost 10 years of his life. On death row, later cleared by DNA evidence in 1999. These are just 4 out of 100 people that are wrongfully convicted of a crime. We are set out to believe that the Justice System is fair. What if we are wrong! What is fair of taking years of someone’s life? Especially someone that is innocent… In the U.S., as of September 2011, 273 people including 17 death row inmates, have been exonerated by use of DNA tests...
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...One thing that will always be constant in our world is change. Change will always happen. As we progress as a species, we find de novo technologies and discover the imperfections of our ways and laws. A prime example of this is seen in our legal system today. Recent research on our court system and the process of processing our evidence has shown flaws that have wrongfully convicted innocent people nation wide. Families of those who have been wrongfully convicted are not the only ones who claim that our legal system is in need of ‘fresh eyes’, even judges agree that there are unreliable ways within it. Some of these mistakes are so obvious that it makes one question the real intent of the system. For example, eyewitness reports have been...
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