Interview: Uncovering the
Purposefully Accidents
Most social
media posts now follow a very common trend, almost every user is bombarded with
the same stories, that of injustice or failed policies. One of the most known
is the flaws in the Criminal Justice System and the leading causes of wrongful
convictions. The reality is, hundreds of innocents are trapped because of how
the system is run. After looking at several research articles, videos and
reports of the loopholes in the justice system, Elizabeth Flint, a dear friend
of mine and a disabled student who sits on a wheelchair is a perfect
interviewee for this topic because of her knowledge as a Criminal Justice and
Legal studies major, thriving to become a lawyer. Elizabeth is a passionate
advocate for the Students with Disabilities Rights, serving as a club president
for Disabled students, and understands what it means to be deprived of
resources, or not treated fairly in this country. Her responses will help me in
indicating what students learning about law enforcement think of policies when
it pertains to innocent convictions.
Question #1: Do you think the entire Criminal Justice System is to be blamed for the large numbers of people wrongfully convicted in our prisons?
“I feel there is definitely enough blame to go around within our Criminal Justice System. First and foremost it starts off with the investigators who are assigned to these cases. I think a lot of investigators do not take the time to truly figure out exactly what happened. Furthermore, whether is blinders or a bias towards a certain group of people, investigators will sometimes formulate a theory and make the evidence fit just to get a conviction. Another reason is, many individuals that are arrested are then given a public defender, and these lawyers do not have enough time or resources to fully review the case. This affects the defense that the lawyer is able to put forth in court.”
Question #2: As a student pursuing her degree in legal studies and having knowledge of the criminal justice system, how important is it for criminals to be accountable for their crimes solely based on DNA testing?
“DNA testing is crucial when determining guilt or innocence if available. However I don't think that DNA should be the only piece of evidence used to convict someone. There needs to be more corroborating evidence, not only placing the person at the scene, but evidence that ties them in some way to the act committed.”
Question #3: Was there ever a case where you read or heard of improper forensic testing in criminal cases? If so, how did you feel about it?
“Last semester, I took a class in Crime Scene Investigation and I learned all of the proper protocols that are needed in order to properly collect evidence. There are many cases where improper forensic testing had a big impact on the outcome. I can't think of any in particular, but one of the many things I learned in my class not only the importance of the chain of custody, but making sure every analyst follows proper procedure. Unfortunately, with the backlog of evidence and not enough people to analyze them and budget cuts can lead to a lot of corners being cut, which can lead to improper testing.”
Question #4: Many individuals or experts in this field do not know how DNA testing became a crucial factor in identifying perpetrators. If asked, do you think you will be able to explain DNA’S revolution in the system and how it became so important?
“DNA has revolutionized not only the way perpetrators are apprehended, but it influences the importance of proper collection of evidence at a crime scene. There are many factors as to why DNA is so important when it comes to wrongful conviction. However it is important to remember that sometimes there is no DNA and that is why proper investigating from the beginning needs to be done. Having a database where a DNA profile and fingerprints of individuals that have been arrested, or have been convicted of crimes has been crucial in many investigations.”
Question #5: What do you think is the number one reason people are wrongfully convicted?
“This is a tough question because there are so many variables as to why a person can become wrongfully convicted of a crime. However, if I were to pick just one I would say that it starts with the investigators and the blinders that are sometimes worn when trying to put a case together with not a lot of evidence. A lot of people that are wrongfully convicted sometimes will falsely confess, because the police have either lied to them or promised them leniency. I feel that is another factor because police are allowed to question a person for hours and hours and until they get what they want. This can lead to someone being mentally drained and confessing to a crime that they didn't commit.”
Question #6: What do you think the government should do when crime scene samples wait unanalyzed in police or crime lab storage?
“It is a real shame how many evidence bags and samples go untested even in rape cases. There definitely should be some type of law or reform that requires all evidence to be analyzed within a certain time period.”
Question #7. Have you ever heard of the Annie Dookhan Case? How about Cameron Todd Willingham? Or any case from the Innocence Project?
“I follow many Innocence Project cases. However, the one that stands out to me is Ronald Cotton. He served 10 years, for a rape that he did not commit. Unfortunately, the victim in that case, falsely identified Cotton as the perpetrator, which led to his arrest and conviction. DNA evidence is what freed him from prison.”
Question #8. I want you to read this title from a Police Issues Blog, “DOJ: Texas Executed an Innocent Man.” The subheading reads, “Before a national audience, experts confirm what was long suspected.” What is your reaction like to this?
“This is horrendous. See one someone is imprisoned, we can help and try to free them. But, if someone is executed for a crime they did not commit, we can’t do anything. He was a man- an innocent man. It saddens me to imagine how hard it would have been for him and his family. Clearly, his story is a representation of how corrupt our justice system has become.”
Question #9: Sadly, people are incarcerated and sometimes executed even if they are innocent, but are not compensated most of the times. Can the government do more than compensate them?
“The government should absolutely do more, compensate individuals that are wrongfully convicted.”
Question #10: If you ever got to work in the law enforcement, what is one step you would take to ensure that another man or woman is not deprived from a normal life, or convicted of a crime they did not commit?
“I've always been very interested in criminal law and my hope is to be a lawyer someday. I think that one of the many things that the government should do is to not only put more money towards public defenders so that way people that cannot afford an attorney can still get the best defense possible. Furthermore I definitely think there needs to be more accountability towards these investigators when it is found out that someone was wrongfully convicted.”
Question #1: Do you think the entire Criminal Justice System is to be blamed for the large numbers of people wrongfully convicted in our prisons?
“I feel there is definitely enough blame to go around within our Criminal Justice System. First and foremost it starts off with the investigators who are assigned to these cases. I think a lot of investigators do not take the time to truly figure out exactly what happened. Furthermore, whether is blinders or a bias towards a certain group of people, investigators will sometimes formulate a theory and make the evidence fit just to get a conviction. Another reason is, many individuals that are arrested are then given a public defender, and these lawyers do not have enough time or resources to fully review the case. This affects the defense that the lawyer is able to put forth in court.”
Question #2: As a student pursuing her degree in legal studies and having knowledge of the criminal justice system, how important is it for criminals to be accountable for their crimes solely based on DNA testing?
“DNA testing is crucial when determining guilt or innocence if available. However I don't think that DNA should be the only piece of evidence used to convict someone. There needs to be more corroborating evidence, not only placing the person at the scene, but evidence that ties them in some way to the act committed.”
Question #3: Was there ever a case where you read or heard of improper forensic testing in criminal cases? If so, how did you feel about it?
“Last semester, I took a class in Crime Scene Investigation and I learned all of the proper protocols that are needed in order to properly collect evidence. There are many cases where improper forensic testing had a big impact on the outcome. I can't think of any in particular, but one of the many things I learned in my class not only the importance of the chain of custody, but making sure every analyst follows proper procedure. Unfortunately, with the backlog of evidence and not enough people to analyze them and budget cuts can lead to a lot of corners being cut, which can lead to improper testing.”
Question #4: Many individuals or experts in this field do not know how DNA testing became a crucial factor in identifying perpetrators. If asked, do you think you will be able to explain DNA’S revolution in the system and how it became so important?
“DNA has revolutionized not only the way perpetrators are apprehended, but it influences the importance of proper collection of evidence at a crime scene. There are many factors as to why DNA is so important when it comes to wrongful conviction. However it is important to remember that sometimes there is no DNA and that is why proper investigating from the beginning needs to be done. Having a database where a DNA profile and fingerprints of individuals that have been arrested, or have been convicted of crimes has been crucial in many investigations.”
Question #5: What do you think is the number one reason people are wrongfully convicted?
“This is a tough question because there are so many variables as to why a person can become wrongfully convicted of a crime. However, if I were to pick just one I would say that it starts with the investigators and the blinders that are sometimes worn when trying to put a case together with not a lot of evidence. A lot of people that are wrongfully convicted sometimes will falsely confess, because the police have either lied to them or promised them leniency. I feel that is another factor because police are allowed to question a person for hours and hours and until they get what they want. This can lead to someone being mentally drained and confessing to a crime that they didn't commit.”
Question #6: What do you think the government should do when crime scene samples wait unanalyzed in police or crime lab storage?
“It is a real shame how many evidence bags and samples go untested even in rape cases. There definitely should be some type of law or reform that requires all evidence to be analyzed within a certain time period.”
Question #7. Have you ever heard of the Annie Dookhan Case? How about Cameron Todd Willingham? Or any case from the Innocence Project?
“I follow many Innocence Project cases. However, the one that stands out to me is Ronald Cotton. He served 10 years, for a rape that he did not commit. Unfortunately, the victim in that case, falsely identified Cotton as the perpetrator, which led to his arrest and conviction. DNA evidence is what freed him from prison.”
Question #8. I want you to read this title from a Police Issues Blog, “DOJ: Texas Executed an Innocent Man.” The subheading reads, “Before a national audience, experts confirm what was long suspected.” What is your reaction like to this?
“This is horrendous. See one someone is imprisoned, we can help and try to free them. But, if someone is executed for a crime they did not commit, we can’t do anything. He was a man- an innocent man. It saddens me to imagine how hard it would have been for him and his family. Clearly, his story is a representation of how corrupt our justice system has become.”
Question #9: Sadly, people are incarcerated and sometimes executed even if they are innocent, but are not compensated most of the times. Can the government do more than compensate them?
“The government should absolutely do more, compensate individuals that are wrongfully convicted.”
Question #10: If you ever got to work in the law enforcement, what is one step you would take to ensure that another man or woman is not deprived from a normal life, or convicted of a crime they did not commit?
“I've always been very interested in criminal law and my hope is to be a lawyer someday. I think that one of the many things that the government should do is to not only put more money towards public defenders so that way people that cannot afford an attorney can still get the best defense possible. Furthermore I definitely think there needs to be more accountability towards these investigators when it is found out that someone was wrongfully convicted.”
Work Cited
Flint, Elizabeth. Personal Interview. 21 April 2018.
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