"A Trial without witnesses, when it involves a criminal accusation, a criminal matter is not a true trial." (Bill McCollum) It is not fair to convict a person of a crime just because a person claims they are guilty. There needs to be evidence and proof to make sure they are telling the truth. People are accused wrong everyday. When people are accused wrong of something such as murder, it can ruin their life forever. One of the many people who suffered a wrong accusation was Kevin Green. Kevin Green was the husband of Dianna Green. Kevin and Dianna had fought before and had a rough relationship. On September 30, 1972 Diana Green was hit, raped, and badly beaten unconscious in her apartment. She was hit so hard she was left unable to speak or communicate at all. However, Kevin had an alibi and that was that he was not home at all when this occurred. He claimed he left his apartment to get a hamburger and when he came back he found his wife unconscious and right away immediately called police (Innocence Project 1). In addition to the attack, at the time of the assault Diana was pregnant with their baby. During the beating the baby was hit very hard. When the ambulance arrived, they saw the baby was in bad condition and tried to have an emergency C section, but the baby did not make it (Ernie 1). Overall the crime committed was …show more content…
Even though there was no evidence other than her word (Life After Exoneration 1), Kevin was found guilty of second degree murder for his baby's death, attempted murder of his wife, and assault with a deadly weapon (Innocence Project 1). November 7, 1980 Kevin was sentenced 15 years to life in prison (Ernie 1). He sat in jail for 16 years for a crime he did not commit. Additionally, he could have had a shorter sentence but he would not admit to being guilty. His trial was unfair and lacked evidence, but he was found guilty anyways and served time another man should have been
Simon Gittany was a male perpetrator. In almost 4 out of 5 intimate partner homicides the perpetrator was a male (Australian Institute of Criminology 1998).
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse
Christopher Simmons was charged with burglary and the murder of Shirley Crook. He and his two friends plotted to break into her home rob and murder her. One of his friends decided not to go through with the plot, but his other friend helped. They went in the middle of the night into her home bound her and threw her over the bridge. At trial with the evidence, videotaped confession from Simmons, and the testimony against him from his friend proving that it was a premeditated plan the jury recommended a death sentence. He appealed his case with counsel and felt his past history of a clean record and his troubled background should have been a factor in the sentencing. Simmons’s case worked its way to the courts and it was eventually overturned. According to Birckhead (2008), “With its decision in Roper v. Simmons,11 invalidating the imposition of the death penalty on offenders who were younger than eighteen when their crimes were committed,12 the Court has, perhaps, heralded yet another shift in the perspective of the legal system-and the culture at large-towards adolescents who commit crimes”(p.389). The Supreme Court ruled that the punishment now violates the Eighth Amendment 's prohibition of cruel and unusual punishment. Thus, they sentenced Simmons to life imprisonment without parole.
Based on the evidence presented in the book, I do believe Kevin had a fair trial. There was a neutral environment, he had the chance to speak for himself, witnesses in his case were able to testify, and letters in his favor were accepted and presented to the judge. Although I feel like it was a fair trial, I don’t like the fact that the police lost the pictures that were taken of Kevin immediately after the incident showing the injuries to his face, or his clothes that showed he was not gang affiliated; this could have probably had some impact in his favor.
At the close of trial proceedings, the judge informed the jury that they could find the eight accused to be guilty even if the crime was committed by someone who was not charged. He also said that it was not necessary for the state to know the identity of the bomber or to prove that the bomber had read any of the articles or poster of the charged anarchists. Though the judge, prosecutor, and jury can be considered misguided in their bias and actions of injustice, some of the witnesses against the accused are widely acknowledged as liars. In comparison to the eyewitnesses of the defendants, every part of their details went against those of the witnesses of the police.
Imagine a police chase being broadcasted on tv for millions of people to see, a man who is running now with a gun, money, and a disguise less than twenty four hours after his ex wife and new lover were murdered. Now he is being arrested and tried with their murders and against all evidence pointing towards the rest of his life in prison, he is released after 16 months of awaiting a verdict. Well this isn’t a soap opera and that isn’t Sonny Corinthos, that is your favorite athlete, former heisman trophy winner and celebrity, Oj Simpson. On October 3rd 1995, Oj Simpson was found innocent of killing Nicole Simpson and her believed lover Ron Goldman in one of the most controversial and corrupt court cases ever. Many people
Before the experiment was conducted previous research was studied to ensure consecutive results throughout their own trials. This research revealed that most of the sociological world has ignored the issue of exoneration and when the criminology section was reviewed, little interest was shown on the topic. The few studies found in the criminology section shared some of the same findings as later expressed in the article. Mainly that wrongful convictions are due mostly to faulty eyewitness’s testimony, perjury and if the person was convicted of a prior crime. However, no literature that focused on sociological variables including race,
As a result, Brock Turner was sentenced to six months for his actions. He was also a hopeful Olympic swimmer and was banned from competing in USA Swimming competitions. Many in the country were furious that Turner was only sentenced to six months, believing that he deserved a more appropriate sentence. On the other hand, Turner’s father was upset that his son’s life was ruined by “20 minutes of action” while under the influence of alcohol. Despite the victim arguing for an appropriate legal prosecution and justice for the pain she suffered, the Supreme Court judge assigned to the case, Aaron Persky, stated, “a prison sentence would severe impact on him. I think he will not be a danger to others (Stack). Turner was even released early from
Only May 30 1969, sixteen-year-old David Milgaard was falsely convicted for the murder of Gail Miller. He was sentenced a life imprisonment for someone else’s crime. His friends turning on him due to drugs, police failing to look into statements and lies for money all lead to Milgaard being sentenced to a life imprisonment.
Witnesses play an important role in trials: “A trial without witnesses, when it involves a criminal accusation, a criminal matter, is not a true trail” ( McCollum, 2001). In other words, without witnesses it cannot be a true trail since there was no one there to see that it happened so it’s his word versus hers. While sitting at the defendant's table he felt very isolated seeing as nobody in the courtroom would look at him or talk to him or acknowledge him. Thank goodness for Wanetta Gibson for finally telling the truth about the case.It wasn't until 2012 when Wanetta Gibson recanted her story that he got his life back and was declared an innocent man. He wound up serving five years and two months in prison and five years of high custody
The heart of the American Judicial System is the determination of the innocence or guilt of the accused. At the beginning of the play, the jurors all feel that the man is guilty for murdering his father and they all wanted to convict him without carrying out a detailed discussion. The persistence of juror eight, however, plays a significant role in ensuring that the correct and fair verdict is delivered. The judicial system maintains that the defendant does not have an obligation to prove his innocence. The fact is not clear to everyone as Juror 8 reminds Juror 2 about it. The fact is a key element of the judicial system and assists in the process of coming up with a verdict. The defendant is usually innocent until proven guilty. Another element of the judicial system that comes out in the play is for a verdict to stand it must be unanimous. Unanimity ensures that the
On October 27, 1984 John Lane brutally murdered his girlfriend’s four year old daughter, Angela Palmer. John had allegedly said that the child had turned green and ugly and tried to kill him while she identified herself as Lucifer. He had punched Angela giving her a scalp laceration and pushing her with force into the kitchen oven. While the young girl was in the oven Lane wedged a chair up against the door making it so the child could not escape, he then turned the oven on as high as the settings would allow. Angela screamed in agonizing pain and the neighbors heard but did not call the law enforcement until the yelling went silent, her body was left to burn. It was the smell and smoke that would bring local law enforcement to the apartment where as they opened the door smoke would pour out. After finding the source of smoke the officer opened the oven to find the small child deceased inside. John Lane and the girlfriend, Cynthia Palmer, were taken into custody where they were both charged with murder but Cynthia’s charge was later reduced to manslaughter and then acquitted of. As the trail would begin John would plead innocent as reason of insanity. His lawyer was smart to avoid the trial by jury. The trial went on in front of the judge and a psychiatrist had testified that Lane did know what he was doing at the time was wrong and that there would be consequences behind them.
Some of the hardest decisions on trial are made by the jury, which means the jurors have one of the most important roles when it comes to the trial, since they have to decide on another human’s fate, either. One decision a jury makes can be the difference between going to jail for life or being liberated. When O.J. Simpson was declared “not guilty” for the homicide of his wife, Nicole Brown Simpson, and his friend, Ronald Lyle Goldman, by the Lance Ito, many argued that O.J. should have been proclaimed “Guilty”. Although many claim the verdict given was ideal, strong evidences, proves O.J. Simpson to be guilty for murdering 2 of his close acquaintances.
The judicial system is not effecting in finding a defendant guilty. There are a lot of crimes like rape, child abuse, and sometimes even murder who get off easy. Sometimes there isn't enough evidence but at the same time there can be.
In On Death Row, but Is He Innocent? Nicholas Kristof explores the position that the evidence that convicted Kevin Cooper, an inmate on death row in San Quentin State Prison, may be unreliable. In 1983, a California professor drove to his neighbor’s house to pick up his eleven-year-old son. He peered through the window to find the house in a state of bloody disarray. Amongst the blood was the bodies of his neighbor’s family and the lifeless body of his son. Additionally, the professor Joshua Ryen who was stabbed multiple times, but still clinging to life. Kristof highlights the overwhelming evidence of police tampering with evidence that sent Kevin Cooper to death row. Additionally, Kristof suggests evidence as to Cooper’s innocence was not given proper scrutiny. Therefore, Kristof alleges Cooper’s case, particularly the evidence, should be reviewed. Governor Arnold Schwarzenegger denied this request. Although as Attorney General of California, Jerry Brown should little interest in the case, as Governor he is currently reviewing the case.