10.1: Overview, Objectives, and Key Terms
Overview
Throughout this textbook, a theme should emerge. The American criminal justice system was designed to protect the innocent. One of the worst things that could happen is an innocent person be convicted for a crime they did not commit. Therefore, the due process and procedures are in place to protect the innocent. In this chapter, we examine official misconduct. When erroneous convictions take place, it is sometimes the result of official misconduct. The National Registry of Exonerations (NRE) is a public database for known wrongful conviction exonerations in the U.S. As of 2020, the NRE has documented 2601 exonerations, and of those exonerations, the majority are misidentification by eyewitnesses and a result of official misconduct. This module will look at the different types of misconduct. Additionally, the module will go into greater detail on the use of the exclusionary rule.
- Identify each type of official misconduct (police, prosecutorial, judicial, forensic, and inadequate defense) and how it affects the justice system.
- Explain how false convictions contribute to the actual offender not being brought to justice. (Tunnel vision in the justice system)
- Explain how forensic evidence has had an enormous effect not only on the exoneration of innocent offenders but also how forensic misconduct has falsely convicted others.
- Identify the purpose of the exclusionary rule and how it attempts to reduce official misconduct.
- Identify the limitations and exceptions of the exclusionary rule.
Key Terms
National Registry of Exonerations (NRE), perjury, official misconduct, three components of criminal justice error – mistakes, malpractice & misconduct, police misconduct, prosecutorial misconduct, inadequate legal defense, judicial misconduct, forensic misconduct, exclusionary rule, 5th Amendment, exceptions to the exclusionary rule.