Flaws In The Justice System

GUILTY UNTIL PROVEN INNOCENT
Debra Baker
Comm/156
April 06, 2014
Adam Meehan
University of Phoenix

GUILTY UNTIL PROVEN INNOCENT There is a problem with our justice system. When a person is arrested and they are innocent, one of the first questions they will ask is what about my rights. Nowhere in the Constitution of the United States of America or the Bill of Rights, is it written that a person is innocent until proven guilty. There have been people on death row and some that have already been put to death even though they were innocent. Our justice system has changed and improved over the years. There is now DNA testing that has been used to overturn some of the convictions of innocent people that are incarcerated. However it
The number one problem is the eyewitness identification. More than 75% of the convictions are from misidentification of the witness. The problem with eyewitness is their perception and memory when they recall the incident. Before DNA was used to overturn most of the convictions due to the witnesses’ misconception the police stations would have the witness look at photos to identify their assailant. After which time the victim was called back in to the police station to identify the person that commit a crime against them in a line-up. Only years ago the law enforcement officer during the lineup would only have the person that they thought committed the crime in the lineup. During the instructions for the victim, the officers would couch the victim to choice the suspect that they focused on. The existing practice for a line-up has been replaced with the witness viewing one suspect at a time. This reduces the chances of misidentification. (Mitchell, 2013). The next flaw in the justice system is the over site of evidence. When DNA was collected and evidence for a particular case the evidence that was presented during a trail once completed most of the evidence was lost or
The judges, prosecuting attorneys, district attorney’s office and most law enforcement are against a reform. They feel that the percentage is too low of innocent people being incarcerated. On the other hand, there are some judges and defense lawyers that claim that the rate is higher than reported and feel that the justice system can use a reform. Forensic science has come a long way with DNA, and using science to protect the innocent. We still have a long ways to go to keep the innocent from becoming a victim. With laws changing and the way that evidence is handled and recorded is a significant step in the right direction. We cannot change those that have already lost their lives due to the justice system. We can protect those now that are innocent and free those that are incarcerated under false