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Subject:
Odds of being convicted incorrectly or being acquitted
Category: Relationships and Society > Law Asked by: radrad-ga List Price: $25.00 |
Posted:
18 Nov 2005 14:23 PST
Expires: 18 Dec 2005 14:23 PST Question ID: 594899 |
Are there any recent credible studies as to the likelihood of a person being wrongly convicted of a felony given the burden of proof in the United States and the various fallibilties, biases, type of crime, population subgroup, representation quality, or part of US? Likewise, what are the chances that someone who actually comitted a crime would be acquitted? I would like to have credible studies, not speculation, otherwise a good background on why such studies aren't being done. Essentially, what is the risk to a person and society of our standards of proof and the legal system as a whole? Respected speculation on why no one is studying this would be acceptable is no one is worrying about this issue. |
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There is no answer at this time. |
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Subject:
Re: Odds of being convicted incorrectly or being acquitted
From: pinkfreud-ga on 18 Nov 2005 14:28 PST |
I think lots of people and organizations are concerned about the issue, but I can't see how any reliable statistics can be obtained. Nearly everyone who is imprisoned claims to have been wrongly convicted. Estimates of the actual number of wrongful convictions are likely to be influences by political agendas. |
Subject:
Re: Odds of being convicted incorrectly or being acquitted
From: pinkfreud-ga on 18 Nov 2005 14:28 PST |
In my comment above, I meant to type "influenced" rather than "influences." |
Subject:
Re: Odds of being convicted incorrectly or being acquitted
From: markvmd-ga on 18 Nov 2005 14:41 PST |
The people who have the most to fear from our (or any) criminal justice system are the innocent. Think about that for a minute. If a guilty person is arrested and charged for a crime that (s)he committed, the WORST thing that will happen is that person will be punished for something they did. Anything less than that and they have gotten away with something. If an innocent person is arrested and charged with a crime, the BEST outcome they can hope for is being acquitted from something they never did. So after incurring expense, loss of freedom (and likely job, family, respect), they are exactly where they started. That's why we all need to fear a police force that is insufficiently regulated. |
Subject:
Re: Odds of being convicted incorrectly or being acquitted
From: radrad-ga on 18 Nov 2005 15:46 PST |
Good comments. This an area that really bugs me, particularly with the advent of the Innocence Project (I think they use DNA to rule out or confirm death penalty cases - I know little else about it.) A study of this question would probably require a very scientific and careful study of the factors that cause guilty or innocent verdict. For example, I believe witness identification and other reliabity has been studied, the fallibility of hair and fingerprint identification is not being looked at and some other factors. If someone had looked at how these and other factors made up a verdict, that may give some clues to the question. Also, most defendants only get a few days of legal time and a few more of defense, if they don't just plead guilty due to the risk of being (possibly) wrongly convicted. A scientic study could spend months of research on a case without a predetermined POV or agenda. Thanks to both pinkfreud and markvmd for good points here. I hope I get an interesting and enlightening answer which surely won't be definitive. |
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