Miscarriage of Justice: A Cop's View

• NCJ Number: 197797
• Journal: Judicature Volume: 86 Issue: 2 Dated: September-October 2002 Pages: 74-77
• Author(s): Robert K. Olson
• Date Published: September 2002
• Length: 4 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This article discusses several factors that alone, or more likely in combination, can lead to erroneous convictions.

Abstract

Overburdened detectives inevitably attempt to make cost-effective use of their time in attempting to solve cases as quickly as possible. The training and supervision of detectives must emphasize the importance of collecting and thoroughly assessing as much evidence as possible before focusing their resources on one suspect. This includes an insightful evaluation of all witness statements. Incompetent forensic analysis can also lead to errors in case decision making, along with poorly trained or recalcitrant investigators. Another factor in miscarriages of justice is an incompetent defense, since the adversarial system relies on the defense to counter and expose any errors in evidence analysis and interpretation that adversely impacts the defendant. Prosecution efforts pose another factor that can lead to miscarriages of justice. If prosecutors are over-zealous in the pursuit of a swift conviction, they may ignore or minimize any evidence of a suspect's innocence. Another factor in miscarriages of justice is the assumption by both police and prosecutors that a chronic offender must be guilty of the crime at issue because of past behavior. Regardless of past behavior, there must be persuasive evidence of a suspect's guilt of the crime at issue. The failure to acknowledge that eyewitness accounts are more likely than not to be inaccurate can also lead to miscarriages of justice, particularly when victims and/or witnesses were under the influence of alcohol or drugs at the time of the crime. Factors that lead to miscarriages of justice can best be addressed by high-quality, comprehensive training of all criminal justice professionals that emphasizes the importance of avoiding and managing appropriately the factors that pose a high risk for miscarriages of justice.