NCJ Number
197800
Journal
Judicature Volume: 86 Issue: 2 Dated: September-October 2002 Pages: 91-97
Date Published
September 2002
Length
7 pages
Annotation
The systems of criminal justice in Australia, France, and Spain are described to illustrate some variations from the United States that might help to reduce the number of wrongful convictions in U.S. criminal justice systems.
Abstract
Based on known cases of wrongful convictions and post-conviction DNA exonerations, including death penalty cases, the error rate in convictions in the United States apparently exceeds the frequency of known errors in other nations that have established procedures for reviewing cases that involve potential wrongful convictions. In Australia, for example, confessions are now routinely videotaped in cases that involve allegations of serious offenses. If an accused pleads not guilty, then an adversarial procedure determines whether the evidence supports conviction. If the case involves a serious charge, it is heard in a higher court, generally with a 12-person jury. Capital punishment has been abolished throughout the country. In France, magistrates have the power to examine the suspect by interrogation, confrontation, and other means. Judges must ultimately explain the reasons for their final decisions. No plea bargaining is permitted, since suspects are not allowed to plead guilty. The death penalty is not a sentencing option, having been abolished in 1981. In Spain major offenses receive a two-part trial that involves an investigation stage and a hearing stage, the latter being conducted orally and open to the public. There are no alternatives to trial, and most cases are decided by trial. The accused may plead guilty, and if attorneys agree, the case may be handled without a public hearing; however, in serious cases where the public attorney asks for a sentence of more than 6 years, the accused may not plead guilty, and a public hearing must be conducted. There is no death penalty in Spain. Some recommendations for the United States in this article are compensation for persons wrongfully accused, since they have suffered a form of victimization; abolition of the death penalty, since it precludes the opportunity to correct conviction errors; required DNA testing of evidence in the state's possession; improvement in defense services; mandatory informing of juries of all possible sentencing options; and public information regarding the administration of capital punishment laws. Further, "innocence commissions" should be established at the State and Federal levels to review appeals and refer appropriate cases to trial-level court to entertain collateral attacks on the conviction. Some future research questions are suggested. 21 notes