Criminal Justice System: Wrongful Conviction In Canada

Superior Essays
In today’s Canadian society, people are certain that the Criminal justice system with their almighty position and power has the responsibility to protect and serve the community. That being said, the fundamental purpose of the creation of criminal law is to maintain order within society and punish those who deviate beyond the social and legal norms (Robinson & Cahill, 2005). The idea of an innocent individual being wrongfully convicted of a criminal act committed by another person is astounding. The sole purpose of the system is to restrain those who are deemed deviant or mischiefs and are to be held accountable for their actions through the criminal justice system. Therefore, not to restrain the freedom of the individuals who are innocent. …show more content…
On the other hand, wrongful convictions happen when innocent alleged criminal defendants are found guilty in criminal trials by judge or jury, and if they are compelled to plead guilty to crimes they did not commit (MacFarlane, 2008, p. 2-5). Today, many people have gone through this process of wrongful convictions and many of them still reside in prisons across North America. Every year, hundreds of people are convicted of crimes that they did not commit. Some causes of wrongful conviction are poor judgment, witness misidentification, bad lawyers, bad police, and lack of evidence. The problem with this is that the Criminal justice system, which many people in society respect, hires the people who convict the innocent alleged suspect (MacFarlane, 2008, p. 2-5). These same people under the Criminal justice system are the same people who, society sees as people who should protect and serve us. The Criminal justice system is a system of law enforcement with the responsibility of prosecuting, defending, arresting, and punishing those suspected with committing criminal acts. However, police and lawyers only want to fulfill their duties and they lack the knowledge and process to thoroughly gather evidence and convict the right criminal. The issue pertaining to how wrongful convictions affect the criminal justice system is thereby hurting the integrity and breaking the trust between society and the system. People trust the system to protect the rights of the innocent person, and to arrest and detain the criminal from harming society. That trust is broken when the criminal justice system arrests an innocent person. The main question that comes to mind is whether the criminal justice system can set up restrictions to help the innocent convicted individual and many other convicted people later found to be

Related Documents

  • Great Essays

    Canadian Justice System

    • 1352 Words
    • 5 Pages

    When it comes to the Canadian Criminal Justice System, we ask many questions such as, “what is justice?”and “are equity and the rights of the accused being compromised in the name of efficiency?” Justice is when a person receives fairness and their moral rightness from the legal system which is decided by attorney 's, judges, legislatures, and by society. Based on this definition of justice, we wonder if equity and the rights of the accused is being compromised by the legal system. Many people may think that the Canadian Criminal Justice System may be unfair and not seek justice for those who deserve it, others may argue against that and believe that the Canadian Criminal Justice System shows equity and the rights of the accused. Sometimes…

    • 1352 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Our current legal systems leads to wrongful conviction, which is a terrible injustice. The legal system does not come to the knowledge of many until a innocent person spends years in prison. There is a rising number of exonerations due to DNA. However, the growth of exonerations is causing more awareness about injustices in our legal system. In many minds there is rise of doubts now about the accuracy of the criminal justice system.…

    • 1006 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Analysis Of R V Askov

    • 1077 Words
    • 4 Pages

    In past 30 years Canadian courts are struggling with the Charter’s emphasis under section 11(b) that “any person charged with an offence has the right to be tried within a reasonable time”. There has been still not any clarity what is “reasonable time” despite courts has described some factors to determine it. The most important case with reference to reasonableness was R v Askov (1990), where the Supreme Court held (9-0) that accused rights have been violated under section 11 (b) of the Charter. It took 34 months in bringing charges to the trial court; as a result of this charges against the accused were stayed. Courts made it very clear that due to lack of resources, they would not tolerate delays.…

    • 1077 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court of Canada is the highest court in Canada, the final court of appeal, and the last legal resort for all litigants; therefore, the Supreme Court of Canada decisions are the ultimate expression and application of Canadian law (Supreme Court of Canada tour). The landmark decision by the Supreme Court of Canada in the R v. Keegstra case regarding the freedom of expression portrays the theoretical concepts behind the court’s ruling as it is the job of the court to deliver a fair decision to the parties involved, as well as a decision that maintains law and order in society. The R v. Keegstra ruling contains insights from the consensus theory and the labelling theory, as the decision of the court was in the interest of the public. To better understand a criminal law case and come up with a conclusion, the theory used must have a valid structure and must follow the rules of critical thinking and logic (Boyd, Cartwright and Heidt, 2015: 120). Also, the purpose of the criminal law must be understood as criminal law serves a purpose, which takes into account some theoretical aspects of the consensus theory and…

    • 1338 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Many parts of the criminal justice system have been set up to seek justice for families and victims whom have been negatively impacted by crime. The criminal justice system seeks to find and fairly punish criminals for the crimes that they have committed. The system however, while having many good factors, also has some negative ones. There are problems within the police force, the court system, prison and jail, and the rehabilitation process. Movies and television shows can lead to people having a misconception of the truth of the criminal justice system.…

    • 1416 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In Cold Blood Analysis

    • 812 Words
    • 4 Pages

    It’s a difficult call for many individuals about whether or not to punish individuals or help them become a better person. While some crimes are inexcusable and lead to life in jail or even the death penalty so can more petty crimes which brings up the case as to whether or not both groups of individuals belong in the same place and if they deserve a chance to be brought back into society. In the Ted Talk by Adam Foss about a prosecutor 's view on the justice system, Foss explains how many individuals can correct themselves and move on to a new path of life. Similarly, Jessica S. Henry explained how the justice system is also flawed and how individuals can be helped and how the process can be improved. The justice system is flawed and that…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Wrongful convictions undermine the Criminal justice system and the procedural structure that is supposed to “uphold” and help deliver justice. Justice is a term that has many different definitions however within the Canadian Justice System, what is Justice? Is justice having criminals being convicted regardless of how evidence was obtained or excluding important evidence based on how it was obtained, which may allow someone who is guilty, to be “free”. The Justice system protects the accused by ensuring that evidence will be attained properly, as well as providing the accused with the right to remain silent and not self-incriminate. These rights are put in place to protect the rights of the accused and to try and prevent wrongful convictions.…

    • 1627 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    The supreme court of Canada exists to provide an unbiased body ensuring that the laws of the land uphold the rights and freedoms of the Charter. Though the Supreme Court acts as a system of checks and balances on the executive power of Canada, at what point does the system of the court give the judiciary too great a level of power? When acknowledging the constitutions and legislature in which the Supreme Court justices gain and hold their power, s. 1 of the Canadian Charter of Rights and Freedoms, and the lack of equal representation in the court, it is indisputable that the highest court in Canada is overly powerful. It is evident through the examination of court rulings and the systemic practices of the judiciary that the Supreme Court of…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    For many years throughout history, much debate and controversy has been sparked with respect to Canada’s correctional system and criminal justice system. Canada’s criminal justice system has thrived/strived to work as a consolidated unified entity aimed at reducing, maintaining, and preventing crime and criminal activity. However, great controversy remains as to whether or not Canada’s criminal justice system is effective. It can be argued, for example, that Canada’s system of criminal justice is aimed at striving to achieve and meet specified goals, entities, or principles. In terms of sentencing a criminal offender, for example, sentencing can either be based on the principles of crime control or due process.…

    • 1162 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Jon B. Gould, J.D., Ph.D., a professor and the director of the Washington Institute for Public and International Affairs Research at American University and his team of researchers conducted a three year, first of its kind, large-scale empirical study Predicting Erroneous Convictions: A Social Science Approach to Miscarriages of Justice employing social scientific methods. It was funded by NIJ, and an NIJ video features Gould discussing wrongful convictions. After identifying 460 cases employing sophisticated analytical methods matched with a qualitative review of the cases from a panel of experts, 10 statistically significant factors were identified that distinguish a wrongful conviction from a “near miss” (a case in which an innocent defendant was acquitted or had charges dismissed before trial) NIJ…

    • 2703 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    The Canadian Criminal Justice System is wrong, damaged and not competent in many ways. The CJS is not correctly protecting our society from criminals. In order to find out what people think about the CJS “the Post first asked its readers whether Canada’s Justice system is working” and they simply disagreed because from a trial a man got released after beheading a passenger. The Criminal Justice does not work efficiently because of the “lengthy case processing time” however, Minister of Justice assures that there will be a law-abiding society with a “fair system of justice.”…

    • 620 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    What is the criminal justice system? It is a system for people who have committed crime which is usually considered as deviant behavior is treated by the government. In the US, criminal justice system is consists of three parts that is police, court, and correction system. Even though this system looks good enough, it has its flaws considering different ways police are influenced by their bias, their experience, also by the observers at the crime scene etc.…

    • 362 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the following paper you will see the correlations between the three major components of the Canadian criminal justice system. First we must examine each of the components of the criminal justice system alone before we get to understand how they overlap together. First of all, there is the police, the courts and the corrections. The police are the law enforcers and maintainers of order throughout Canada. There are three levels of policing in Canada; municipal, provincial and federal, there are some circumstances that they work together to accomplish a common goal.…

    • 816 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    State why it is a problem. Wrongful convictions are a problem. Innocent individuals lose their freedom, their family and friends, their careers and their entire life in general, as they know it. Many, become depressed and are susceptible to suicide. The wrongful conviction problem is the result from several other problems that caused these individuals to be convicted to begin with.…

    • 1773 Words
    • 8 Pages
    Improved Essays