Wrongful Convictions (Final)
Final Proposal Project:
Please find the rubric attached.
Each student will be required to complete the term project, which is a research proposal written in an APA Style. The project should have at least 8-10 pages of substance not counting the cover and reference page. Please include a Cover Page, an abstract and a list of references. The research proposal you write in this course will NOT be sent to the IRB for approval. This is because you will not be conducting actual research for the purpose of this class. You will, however, gain an insight as to how to write a research proposal.
Each student will be required to complete a research proposal, as the term project. The research proposal will include the following:
· Title page
· Abstract (100-120 words)
· Introduction
· Problem Statement
· Purpose Statement
· Hypothesis
· Literature Review and Definitions included in the research
· Research methods/design
· References
· Appendices – as needed (annotated bibliography, example consent form, example survey if used)
The research proposal (Term Project) must be in a Word Document ( ) uploaded to the student’s folder through the assignment section. Students will be required to use at least five scholarly references in their work.
Students are required to follow APA Style guidelines.
Please make sure that you are using the course-writing rubric to use as a checklist so that you write a solid paper.
Students must use a topic, which was approved by the instructor or their research proposal.
Do not include quotes in your work. The student needs to display good critical thinking skills and not a string of quotes written by published authors. Your proposal is what is needed for a successful research project to be conducted in the future.
Do not wait to the last minute to research, write, format, and edit. Proper time management is required to turn in a quality research proposal that highlights your understanding of how to conduct scholarly research.
Criminal Justice Formal Written Paper Rubric
Quality of Response |
No Response |
Poor/Unsatisfactory |
Satisfactory |
Good |
Excellent |
|
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
|
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
|
Grammar (worth maximum of 20% of total points) |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
||
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA formatting of the paper has major flaws. The paper does not conform to APA requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of APA. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform with size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
WRONGFUL CONVICTIONS 1
Wrongful Convictions
Damien J. Dickens
Research Design and Methods
SSGS 300
American Military University
Prof Anthony Galante
27 December 2020
WRONGFUL CONVICTIONS 2
Abstract
This research aims to identify the main causes of wrongful convictions in the US and
recommend strategies that can be implemented to reduce the rate of convictions. The research
is conducted through a meta-analysis of studies on the causes of wrongful convictions and
analysis of current intervention strategies. The study utilizes a qualitative approach since it is
descriptive. It is also a non-experimental study. The researcher selected articles and books
relevant to the research topic and identified causes of wrongful convictions, including false
convictions, perjury, witness misidentification, misinterpretation of forensic evidence, weak
defense, and police misconduct.
Introduction
Wrongful convictions refer to the conviction of a factually innocent person. The rate of
wrongful convictions in the US is alarming as the media continues to report such cases every
day. Many people are rotting in prison for crimes they never committed, yet criminals enjoy
freedom and opportunities to commit more crimes. The criminal justice system has
exonerated some prisoners through DNA tests, but others are still in prison awaiting the
lengthy legal procedures of exoneration. Reports indicate that between 2% to 10% of
prisoners are convicted wrongfully. Although the rate may sound low, the actual population
of victims is disturbing.
Before introducing the DNA test, most people had a lot of confidence in the criminal justice
system and rarely believed that some people were convicted wrongfully. After 1989, DNA
tests were introduced, and the number of people who were found innocent was shocking.
After DNA testing was introduced, a wrongful conviction was recognized as a national
agenda and attracted scholarly attention. Even after the introduction of DNA tests, many
Centered
Should be its own page
this is a proposal
Indent new paragraphs
good hook
1
2
3
4
5
WRONGFUL CONVICTIONS 3
innocent people serve imprisonment on death row. Existing efforts are seeking to address the
matter, which remains challenging to the nations.
Problem statement
It is ironic how a justice system is unjust itself. Where will people get justice if the system
promotes unfairness and ineffectiveness in society? While stakeholders make efforts to
reduce the crime rate, it is disheartening if the wrong people are sent to prison. Families
watch their loved ones suffer in despair, and innocent Americans develop health
complications as they serve short and long-term imprisonments.
Purpose statement
This research aims to identify the root causes of wrongful convictions, which will provide
insights on how the issue can be addressed.
Hypothesis
The research is based on the assumption that the criminal justice system is not effective, and
that is why the rate of wrongful convictions is still high. The system is entrusted with serving
the nation with justice. Taking innocent people into prison clearly shows that there are gaps
in the system. Another assumption that the research seeks to prove or disapprove is that
blacks are at higher risk of being wrongfully convicted in the USA than their white
counterparts. Lastly, the research is also based on the hypothesis that DNA tests are a tool of
hope for victims who have been wrongfully convicted for sexual assault and murder-related
crimes. Through a meta-analysis, the researcher seeks to prove or disapprove these
hypotheses.
Literature Review and terms used in the research
WRONGFUL CONVICTIONS 4
Existing literature identifies the causes of wrongful convictions and recommends
interventions that can help address the issue. Many researchers identify similar causes of
wrongful convictions. Several studies identify eyewitness misidentification as a leading
factor of wrongful convictions. The innocence project reports that eyewitness identifications
account for at least three-quarters of wrongful convictions in the USA. Faulty eyewitness
evidence has many potential attributes. Circumstances that may lead to faulty eyewitness
evidence include memory loss, blindness, and suggestive procedures. For example, the longer
the period taken to acquire, retain, and retrieve evidence, the more difficult it is for a witness
to identify the correct person.
Causes of wrongful convictions
Police misconduct is another factor that contributes to wrongful convictions. Police officers
are expected to be professional and objective throughout the case. They are supposed to make
the right decisions during the investigation and promote justice for the citizens. When officers
engage in suggestive practices, they are likely to cause wrongful convictions. Sometimes,
enforcement officers are so convinced of a conclusion that they fail to consider alternative
scenarios. The use of evidence to support their conclusions is an aspect of confirmation bias
that leads to wrongful convictions. The bias becomes reinforced when an officer acts in ways
that lead to fulfilling his expectations, for example, by asking leading questions.
Studies also reveal that false confessions lead to wrongful convictions. Researchers reveal
that a good number of prisoners either fully or partially confess falsely. One of the causes of
false confessions may be due to the suspect’s poor mental state (Leach, 2019). Suspects with
mental disorders may confess falsely because they do not really understand what they are
getting themselves into. Additionally, people confess falsely due to abusive and intensive
police interrogations. When police use abusive interrogation processes, suspects confess
Where is the peer reviewed research required for this section ?
6
WRONGFUL CONVICTIONS 5
falsely for two reasons: the suspect is persuaded to admit they did what they did not or
choose to comply to escape the abusive interrogation process.
The introduction of forensic evidence has been significant in the judicial system, but faulty
evidence also leads to wrongful convictions. The first challenge of forensic evidence is it has
a probability of inaccuracy and may identify a wrong person to be a criminal. There are also
concerns that forensic laboratories are engaging in malpractices that yield inaccurate forensic
testimonies (Grose, 2017). The country’s forensic system is fragmented and poses a threat to
the quality and credibility of forensic evidence and its role in the criminal justice system.
Studies also reveal that much of this evidence is fabricated in police stations and crime labs to
obtain convictions.
Some cases prove ineffective of the counsel supposed to protect the defendant who ends up
being wrongfully convicted. Researchers have found out that ineffective defense lawyering
has caused the highest number of death sentences and wrongful convictions in the past thirty
years. Some of the circumstances that lead to wrongful convictions include filing improper
motions, inability to challenge forensic evidence, inadequate investigations, unwarranted
concessions, and failure to adequately challenge witnesses. Under the law, there is a
difference between poor representation and inadequate representation. In many cases of
exoneration, there are arguments for poor lawyering due to overwhelming evidence. It is also
notable that the standards for adequate representation are low. The law should enhance
standards for adequate representation.
Racial disparity is a common cause of wrongful convictions, as depicted by many
researchers. Much of the existing literature indicates that the criminal justice system
disparately impacts the minorities in the USA. Minorities suffer prejudiced effects on
identifying, prosecuting, and sentencing criminals. Minorities are not only likely to be
WRONGFUL CONVICTIONS 6
stopped by police, but they are also likely to be victims of wrongful convictions. While
blacks constitute 13 % of the American population, 43 to 60% of wrongfully convicted
prisoners are blacks. The racial disparity occurs within eyewitness identification errors and
prejudice of the jury. In rape cases, a white victim may unintentionally identify a wrong black
or Hispanic man as the perpetrator (Olarere, 2019). In such a case, white juries will use such
questionable evidence to prosecute the suspect. The presence of racial disparity throughout
the criminal justice system combines and has a more detrimental effect, such as wrongful
conviction.
The gaps that exist in the system have become a significant source of wrongful convictions.
For quite some time, the criminal justice system has had many issues, including increased
caseloads and lack of funds. These problems have led to an increase in the use of plea
bargains. This results in a negative impact on the defendants and undermines a police
investigation’s role in the system. Police become sloppy when they realize their evidence is
less used in court. They use poor interrogation techniques that lead to false confessions, and
eventually, innocent people are convicted. Plea bargaining has also increased the cases that
can be prosecuted. Prosecutors may impose harsh charges on defendants who are not willing
to accept plea bargains. These issues contribute to a vicious cycle of system problems making
it difficult to address wrongful convictions.
How to prevent wrongful convictions
Researchers have suggested various forms of addressing wrongful convictions in the USA
based on the causes. To avoid false eye witness identification, the system should involve
experts before, during, and after eye witness identification. There should also be an
improvement in collecting evidence from eyewitnesses and ensuring that all participants are
trained on eyewitness identification and its consequences. Researchers also advise that
WRONGFUL CONVICTIONS 7
defense attorneys should be present during interrogations to inform the court of any
improprieties that may have occurred. Experts also emphasize that eye witness errors can be
reduced by limiting the willingness to convict suspects based on eye witness evidence.
Scientists play a significant role in minimizing forensic errors. They should ensure all
statements are supported by accurately collected and analyzed data. They should also clarify
forensic evidence’s probative value to minimize conclusions based on the likelihood of the
defendant’s involvement (Garrett, 2020). The system becomes more just if it relies not only
on forensic evidence but also on other forms. Since machines can be faulty, the criminal
justice system should ensure they avail proper machines in forensic laboratories and enhance
scientists’ training to boost the effectiveness of forensic science.
Other researchers have recommended the structuring of costs to enhance the accuracy of
verdicts. Recent studies assert that the crime lab’s better funding will reduce wrongful
convictions by serving as a defense counsel that will be more effective than normal
lawyering. The system should also focus on expanding mandatory disclosure practices of
evidence, access to evidence files and judicial depositions, and expanding evidence discovery
to reduce the errors associated with inadequate or poor lawyering.
Research on government conduct is limited, but few studies have identified government
misconduct, such as coaching witnesses, failing to disclose critical evidence, and offering
incendiaries. Researchers have suggested implementing policies that prevent government
misconduct, such as enforcing the electronic recording of evidence and interrogations and the
use of double-blind eyewitness identification procedures. The innocence project recommends
using experts at every stage of the investigation process to avoid government and police
misconduct. Awareness of the role of government in wrongful convictions will boost the
equity of the overall justice system.
WRONGFUL CONVICTIONS 8
Definition of terms
Incendiary-refers to willfully and maliciously setting another person to commit a crime to be
convicted.
Wrongful conviction-The conviction of a factually innocent suspect.
Perjury-misinterpreting or telling lies wilfully when taking an oath.
Exonerations-The legal release of a prisoner after investigations prove that one is innocent.
Forensic evidence-evidence is obtained scientifically, including DNA tests, fingerprints,
ballistic reports, and trace evidence that prove a suspect’s guilt/innocence.
Official misconduct-Inappropriate police behavior.
Research methodology/Design
The research will focus on a qualitative study to answer the research question and probably
address wrongful convictions. An analysis of all the secondary sources in a descriptive
manner seeks to identify and discuss all the possible causes of wrongful convictions in the
USA and identify solutions that can help address the problem. This will be done by assessing
existing interventions’ effectiveness to identify gaps and articulate ways of fixing those gaps.
Most of the sources used are based on primary research, which makes the process credible. It
is a more flexible approach that is less bound by quantitative research limitations.
A deep analysis of the secondary data is deployed to ensure the validity and reliability of the
research. A random purposive sampling approach was used to collect sources that relate
directly to the research topic and can be applicable in addressing the research problem. The
articles must also be current to avoid stale information that may not be used to address
current problems. All the sources that meet this criterion will then be analyzed, and
Indent all new paragraphs
give an example
what sources? from where ?how is it vetted ?
7
9
10
WRONGFUL CONVICTIONS 9
information used to establish a causal relationship between the dependent and independent
variables. The research is non-experimental, and no statistical tests will be conducted.
Qualitative research is preferred in this case because the research topic is exploratory and
seeks to address a problem in soft science (Hesse et al., 2019). The approach is also
appropriate because the researcher seeks to go deeper into the issue of interest and explore
underlying issues relevant to addressing the problem. It is less time-consuming and,
therefore, appropriate to fit in the researcher’s tight schedule. It is also easy because it
requires fewer resources. When there is a pandemic, primary research may not be ideal
because there is a movement restriction. Using secondary data allows the researcher to
analyze without interacting with people.
Conclusion
Research on wrongful convictions is significant because it enhances the equity and
effectiveness of the judicial system. Victims of wrongful convictions are failed by the system
and forced to bear the undue burden of proving their innocence, a time-consuming and costly
process (Asplen, 2019). A system that acts retroactively may not be active in promoting
justice in society. Although the public systems always have issues, there are ways of
gradually improving these systems, and quality research will inform most of the solutions.
The government should also fund research to motivate researchers to dig deeper into
underlying issues that cause public systems problems.
WRONGFUL CONVICTIONS 10
References
Asplen, C., Forensic Technology Center of Excellence (FCoE), & United States of America.
(, 2019). Just Science: DNA: Just DNA and the Post-Conviction Dynamic.
Garrett, B. L. (2020). Wrongful Convictions. Annual Review of Criminology, 3, 245-259.
Grose, I. C. (2017). Fingerprint Identification: Potential Sources of Error and the Cause of
Wrongful Convictions. Journal of Student Science and Technology, 10(1).
Hesse, A., Glenna, L., Hinrichs, C., Chiles, R., & Sachs, C. (2019). Qualitative research
ethics in the big data era. American Behavioral Scientist, 63(5), 560-583.
Leach, T. (2019). False confessions: Causes and recommendations for prevention.
Olalere, F. A. (2020). Case study account of causes and legal implication of wrongful
conviction. Nnamdi Azikiwe University Journal of International Law and
Jurisprudence, 11(2), 122-134.
Use proper APA format as shown in the provided sample.
8