...In the last decade, DNA analysis has become a mainstay of the criminal justice system the gold standard for identification (Liptak). The role of deliberation in the integration of technology and society examines where we, as a society, have reached a consensus or should on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some forms of DNA databases are effective and appropriate investigatory tools. Areas of Consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follows a number of measures to take in consideration: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and those statutes of limitation should be increased or abolished. The second area of consensus is that DNA databases in some form, at least are legitimate and effective investigatory tools. Time has been deeply programmed into justice both pre conviction, with respect to statutes of limitation, and post-conviction, in limitations on bringing...
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...Witness Misidentification Freddricka Harris CCJ 4360-001 Monekka Munroe Misidentification can be defined as making a falsely or inaccurate identification. Witness can be defined as one who can give a firsthand account of something seen, heard, or experienced. (American Heritage Dictionary) When you put these two words together, you get witness misidentification which has been referred to as the single greatest cause of wrongful convictions nationwide, with nearly 75% of the convictions overturned through DNA testing. There have been 260 exonerations across the country based on forensic DNA testing with 3 out of 4 involving cases of eyewitness misidentification. (Innocence Project 1999) In 1907 or 1908, Hugo Munsterberg published “On the Witness Stand”; he questioned the reliability of eyewitness identification. As recent as 30 or 40 years ago, the Supreme Court acknowledged that eyewitness identification is problematic and can lead to wrongful convictions. The Supreme Court instructed lower courts to determine the validity of eyewitness testimony based on irrelevant factors, like the certainty of the witness, the certainty you express in court during the trial has nothing to do with how certain you feel two days after the event when you pick a photograph out of a set or pick the suspect out of a lineup. It has been said that you become more certain over time. (The Confidential Resource September 15, 2010) An eyewitness viewing a simultaneous lineup...
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...DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing.[1] It is used in, for example, parental testing and criminal investigation. Although 99.9% of human DNA sequences are the same in every person, enough of the DNA is different to distinguish one individual from another, unless they are monozygotic twins.[2] DNA profiling uses repetitive ("repeat") sequences that are highly variable,[2] called variable number tandem repeats (VNTR), particularly short tandem repeats (STR)s. VNTRs loci are very similar between closely related humans, but so variable that unrelated individuals are extremely unlikely to have the same VNTRs. The DNA profiling technique was first reported in 1984[3] by Sir Alec Jeffreys at the University of Leicester in England,[4] and is now the basis of several national DNA databases. Dr. Jeffreys's genetic fingerprinting was made commercially available in 1987, when a chemical company, Imperial Chemical Industries (ICI), started a blood-testing centre in England.[5] Contents [hide] 1 DNA profiling process 1.1 RFLP analysis 1.2 PCR analysis 1.3 STR analysis 1.4 AmpFLP ...
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...Overcrowding Final Project Terence Ingram Professor Karina Arzumanova, Esq. March 17, 2013 Strayer University Prison Overcrowding Final Project Criminal Activity is on the rise. With prison populations growing at an all-time rate, the federal prison system has not been able to keep up. As a result, this is a serious problem which puts inmates and guards in danger and holds back efforts to rehabilitate convicts. (McLaughlin, 2012) Violence will be on the rise as more inmates are squeezed into small living quarters. Increased inmate misconduct is a direct result of prison overcrowding which negatively affects the safety and security of inmates and staff. If prisons don’t find a solution to this problem, it will create more tension and could potentially cause an inmate to snap and create a violent incident. With more prisoners confined in small spaces, prison officials are forced to cut back on inmate’s cafeteria time, time in the recreation yards, and television rooms. Multiple inmates are put in cells that were specifically created for one individual inmate. Common areas that were not meant to be used for inmates are being used for living arrangements even though it was not designed for that. Crowded cells and the loss of privacy increase the odds that inmates will lash out, threatening the guards keeping watch. ( McLaughlin, 2012) Policies have been put in place to make sure that inmates are not being violated. Some may say that overcrowding in prisons is inhumane Besides the Convention...
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...Office of Justice Programs National Institute of Justice National Institute of Justice JOURNAL Police Use of Force: The Impact of Less-Lethal Weapons and Tactics n Toward a Better Way to Interview Child Victims of Sexual Abuse Solving the Problem of Untested Evidence in Sexual Assaults Extending the Time to Collect DNA in Sexual Assault Cases Also in this issue In Brief: Block by Block: Zeroing in on Crime Trends Minimizing the Risks of Hazardous Materials: The CBRN Standard Improving Forensic Death Investigation In Brief: Expanding Research by Sharing Data n n i Building Knowledge to Meet the Challenge of CriMe and JustiCe National Institute of Justice John H. Laub Director, National Institute of Justice The NIJ Journal is published by the National Institute of Justice to announce the Institute’s policy-relevant research results and initiatives. The Attorney General has determined that publication of this periodical is necessary in transacting the public business of the U.S. Department of Justice as required by law. Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. All products, manufacturers and organizations cited in this publication are presented for informational purposes only, and their discussion does not constitute product approval or endorsement by the U.S. Department of Justice. Subscription Information Online https://puborder.ncjrs...
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...redirects here. For a South Korean television series, see The Innocent Man (TV series). The Innocent Man | | Author(s) | John Grisham | Country | United States | Publisher | Doubleday | Publication date | October 10, 2006 | Pages | 368 | ISBN | 978-0-385-51723-2 | OCLC Number | 70251230 | The Innocent Man: Murder and Injustice in a Small Town (2006) is a nonfiction book written by John Grisham, and his first outside the legal fiction genre. The book tells the story of Ronald 'Ron' Keith Williamson of Ada, Oklahoma, a former minor league baseball player who was wrongly convicted in 1988 for the rape and murder of Debra Sue Carter in Ada and was sentenced to death. After serving 11 years on death row, he was exonerated by DNA evidence and other material introduced by the Innocence Project and was released in 1999. Contents * 1 Synopsis * 2 Book edition * 3 References * 4 External links | Synopsis Ron Williamson has returned to his hometown of Ada, Oklahoma after multiple failed attempts to play for various minor league baseball teams, including the Fort Lauderdale Yankees and two farm teams owned by the Oakland A's. An elbow injury inhibited his chances to progress. His big dreams were not enough to overcome the odds (less than 10 percent) of making it to a big league game. His failures lead to, or aggravate, his depression and problem drinking.[1] Early in the morning of December 8, 1982, the body of Debra Sue Carter, a 21-year-old cocktail waitress...
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...Death Penalty A Paper Presented by the National Policy Committee to The American Society of Criminology National Policy Committee James Austin, Chair Kitty Calavita Roland Chilton Jeffrey Fagan Calvin C. Johnson Delores Jones-Brown Mark Moore Ira Schwartz Linda Teplin Franklin Zimring November 2001 The findings and opinions contained herein are those of the National Policy Committee and do not necessarily reflect the official position or policies of the American Society of Criminology. Ronald Weitzer, Professor of Sociology, Dana Coleman, Research Assistant, and Sarah Benatar, Graduate Research Assistant at the Institute on Crime, Justice, and Corrections at George Washington University provided substantial assistance in the preparation of this document. Introduction Capital punishment is among the most hotly debated issues in American politics. Passions run high for both those who want the death penalty abolished and those who seek to preserve or expand its use. What follows is a summary of key issues in the death penalty debate, research findings on the application of capital punishment, and a discussion of policy considerations. The American Society of Criminology (ASC) is greatly concerned with the death penalty and its application in the United States. This year, ASC President Ronald Huff and the ASC Executive Board authorized the ASC’s National Policy Committee (NPC) to develop a policy paper that would focus on the death penalty issue...
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...basics of what to do in investigations. These topics will start with the basic principles of an investigation then lead into the criminal investigation basics then learn the proper evidence acquisition and management the next step in the guide to helping you with the investigation process is employee and administrative investigations ending with personnel investigations. Investigation Principles Investigations are the examination, study, tracking, and the gathering of factual information (Sennewald-Tsukayama 2006). With this being said the investigation process is more of an art form than it is science, but science in many investigations plays a large part. The person that is doing the investigation is the gather of facts; this person must hypotheses and is able to draw a conclusion that is based on the information and the evidence. The basic principle in investigation is that the process is a comprehensive activity that involves the collection of information with the application of logic and the ability to use sound reasoning. The basic end result in any investigation is that it is a factual explanation of what has happened if the issue or incident is that of history, or what is occurring, or if the issue is of the present (Sennewald-Tsukayama 2006). There are two types of investigations to think of the first one is the constructive investigation these are the investigation that are preformed in a secret manner. This is type of investigation is done when the suspects...
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...Juvenile Justice: A Lost Child in a Failed System I remember one day when I was a child, I was about four years old and my sister was about 10 years old. We were on vacation with our parents in a beautiful resort. Our room was on the 15th floor of the Sea Coast Towers. Before I continue the story I have to make clear, my sister and have always been very close; we were inseparable. Until we read about Christian Fernandez, this story used to be a family joke. I had fallen asleep and my parents were going to take that opportunity to have a quick cocktail at the bar. Apparently I had woken up and began to cry uncontrollably. My sister did her best to try and get me to stop, but how do you stop a cry baby from crying? My sister remembers stepping out to the balcony because of her frustration and looking down; she says that in her head she was telling herself that it was not a long a fall and that I was so chunky that I would bounce. Thank goodness my parents came back to the room before she could entertain her thoughts! I first learned about Christian Fernandez about nine months ago. I was browsing through my AOL news when I saw the headline “Florida Boy to Be Charged as an Adult”. It immediately caught my attention. I began to read the story of a 12 year old boy, Fernandez who was left taking care of his 5 year old brother and his two year old brother. Fernandez pushed his two- year- old brother into a book shelf twice, knocking the toddler unconscious. When...
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...Introduction Would you ever admit to committing a crime that you didn’t actually commit? Of course not, says common sense. Naturally, it is difficult to understand why anyone would confess to a crime they didn’t commit. However, false confessions are one the leading causes of wrongful convictions.1 As the Supreme Court of Canada noted in R v. Oickle, innocent people are induced to make false confessions more frequently than those unacquainted with the phenomenon might expect.2 In North America, we can trace the existence of false confessions back to the Salem Witch Trials, where a number of women were persecuted for witchcraft on the basis of confessions that were obtained through torture and threats.3 More recent false confessions have been obtained under psychological duress and not with torture or threats of physical harm.4 Nevertheless, with the developments in law and policies in place to control interrogation methods, false confessions continue to persist.5 This begs the question, are interrogation methods solely responsible for false confessions, or does some of the responsibility fall on the confessor? Scholars and social scientists agree, that it is not solely harsh interrogation tactics that lead to false confessions but it is the combination of these tactics with psychological factors such as, intelligence and personality, which contribute to the likelihood of a suspect providing a false confession.6 While there are currently solutions for avoiding false confessions...
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...the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted Assault and Battery Assault Definition: Assault is the threatening to do violence to someone...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...Law Enforcement Technology Needs Assessment Law Enforcement Technology Needs Assessment: Future Technologies to Address the Operational Needs of Law Enforcement In partnership with the Lockheed Martin Corporation By Christopher S. Koper, Bruce G. Taylor, and Bruce E. Kubu With contributions by Eugene Glover, John Anderson, Paul Snabel, Chuck Wexler, Rachael Bambery, Nathan Ballard, Anthony Bellero, David Prothero, Willie Marsh, Mike Schroeder, Mike Taylor, Greg Maultsby, Donnie Gilley and Dave Kier Police Executive Research Forum 1120 Connecticut Ave., N.W., Suite 930 Washington, D.C. 20036 Jan 16, 2009 Report Outline Section Executive Summary Chapter 1: Overview / Introduction Chapter 2: Technology and Law Enforcement: An Overview of Applications, Impacts, and Needs Chapter 3: The PERF Technology Needs Assessment Survey Chapter 4: The PERF-Lockheed Martin Law Enforcement Future Technologies Workshop Chapter 5: Conclusions and Next Steps Pages 3-9 10-11 12-32 33-47 48-64 65-73 Appendix A: References Appendix B: The PERF Technology Needs Assessment Survey Appendix C: Survey Technology Term Definitions Appendix D: Responding Agencies (PERF Survey) Appendix E: Supplementary Survey Tables Appendix F: List of Workshop Attendees 74-79 80-91 92-98 99-102 103-124 125-127 2 Technology and Law Enforcement: Future Technologies to Address the Operational Needs of Law Enforcement EXECUTIVE SUMMARY Background The effects of technology can be seen...
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...Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime...
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...U.S. Department of Justice Federal Bureau of Investigation 2012 The Strategic Information and Operations Center at FBI Headquarters is the 24/7 command post that monitors FBI operations and law enforcement activities around the globe. An FBI agent examines a potentially contaminated letter during a white powder training exercise. 2012 The FBI Story I A Message from FBI Director Robert S. Mueller, III For the FBI and its partners, 2012 was a year that reminded us once again of the seriousness of the security threats facing our nation. During the year, extremists plotted to attack—unsuccessfully, thanks to the work of our Joint Terrorism Task Forces—the U.S. Capitol, the New York Federal Reserve Bank, and other landmarks on U.S. soil. Tragically, on the 11th anniversary of 9/11, a hateful attack in Benghazi took the lives of the U.S. Ambassador to Libya and three other Americans. In the cyber realm, a rising tide of hackers took electronic aim at global cyber infrastructure, causing untold damages. High-dollar white-collar crimes of all kinds also continued to siphon significant sums from the pocketbooks of consumers. And in Newtown, Connecticut, 20 young children and six adults lost their lives in one of the worst mass shootings in American history, ending a year of violence that saw similar tragedies around the country. Working with its colleagues around the globe, the FBI is committed to taking a leadership role in protecting the nation. As you can see from...
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