Chapter 14

The Harmful Repercussions of Wrongful Convictions

Preetha Jayanthan, Bailey Hennessy

"No one should ever be wrongfully deprived of their rights to liberty and freedom without just cause, yet in the past 25 years alone thousands of people have been wrongfully convicted and sentenced to tens of thousands of years in prison." (Kerik, B. B., 2015)

Wrongful convictions occur when the criminal justice system fails to uphold its gold standards and thus miscarriages of justice occur. This chapter will take a close look into wrongful convictions caused by, improperly implementing the gold standards of forensic science through examining the aftermath of a wrongful conviction. By paying particular attention to the process of exonerating an individual; with an emphasis on the resources, or lack thereof, available. The chapter will then move towards the supposed ‘finish line’ of being exonerated. This decision, however, does not make up for the psychological trauma caused to the victim of a wrongful conviction. For many, an incorrect conviction can cost years, if not decades, of one’s life. This often causes wrongfully convicted individuals to lose friends, family, and other important relationships, ultimately resulting in mental health issues.

What is a Wrongful Conviction?

A wrongful conviction occurs when an individual is accused or sentenced for a crime they did not commit, in other words, a miscarriage of justice has occurred (Denov & Campbell, 2005). The root causes of wrongful convictions are seen to be both individual and systemic in nature (Denov & Campbell, 2005). Some examples

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Are We There Yet? The Golden Standards of Forensic Science of root causes include false confessions, and bias in the system, such as tunnel vision (Denov & Campbell, 2005). Tunnel vision occurs when one hones in on one idea so fiercely that every other aspect of the case is missed (Reed, & Reitmeyer, 2019a). False confessions are also seen to be a large cause of wrongful convictions, as seen through statistics from The Innocence Project:

Data from the Innocence Project reveals that in more than 25 percent of cases where the individual was exonerated on the basis of DNA evidence, a false confession was given, and most people have trust in the justice system that it will prove their innocence down the track. (Reed, & Reitmeyer, 2019a)

One journal article chose to look at wrongful convictions in a way many before it have not. Criminal Injustice: Understanding the Causes, Effects, and Responses to Wrongful Conviction in Canada by Denov and Campbell examines the before, after, and end of wrongful convictions. In this study, Denov and Campbell interviewed five individuals who were wrongfully convicted and served time for crimes in Canada (Denov & Campbell, 2005). It is within this journal article that one can begin to learn of the plight that these people faced. They had to learn how to cope and conform in order to survive. They did not all have access to social support, which in some cases was due to solitary confinement thereby, losing their right to live autonomously (Denov & Campbell, 2005). While in prison, these individuals lost the semblance of their former selves. This can be demonstrated through the words of one interviewee, Robby:

[As a result of the experience] I lost me, is what I lost . . . my identity, who I am . . . the way I viewed life. . .. I had to build up that extra protection in prison. The other layer of Robby wasn’t there. ...I couldn’t be Robby. I had to be someone that I’m not, somebody that will fight, somebody that will push, somebody that doesn’t give a fuck. I had to wear certain hats to survive. (Denov, & Campbell, 2005)

All of the issues that have caused the wrongful convictions aforementioned were due to the lack of presence of gold standards within the criminal justice

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The Harmful Repercussions of Wrongful Convictions system. Through implementing proper protocol and proceedings within the process of convicting an individual from the beginning stage of collecting evidence, such as witnesses, through to the trials themselves, the many wrongful convictions that

Figure 14.1 The Process of Seeking Exoneration (, n.d.). have occurred could have been avoided. As outlined in the report by Denov and Campbell, there is still much room for improvement within our justice system (Denov, & Campbell, 2005).

Policy It can be possible for wrongful convictions to be overturned. The process to be exonerated and once again free, however, is not as easy as it may sound. In the Canadian criminal justice system, there is a set protocol regarding the achievement of exoneration. This path is visible in Figure 14.1. An appeal is in its essence a review of a case done by a court of higher authority than the original trial court. To determine if a case is eligible for an appeal there are three characteristics to examine within the case: “that the verdict was

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Are We There Yet? The Golden Standards of Forensic Science unreasonable, there was an error of law, or there was a miscarriage of justice” (Reed, & Reitmeyer, 2019c). As stated by Wally Oppal, who has sat on both the B.C Supreme Court and the B.C Court of Appeal, getting an appeal court to enter an acquittal is a rather difficult task (Reed, & Reitmeyer, 2019c). Instead, it is more often that the appeal court will order a retrial. As such, while there are many calls for appeals sent in every year, not all are approved, as seen in Figures 14.2 and 14.3. As a result, another option that follows a dismissal of an appeal is to submit a s. 696.1 application. This application is utilized on the basis of fresh evidence to investigate for a miscarriage of justice that has occurred within previous trials/appeals related to the case (Scullion, 2004). If a miscarriage of justice is

Appeals, approved and refused for legal aid services, by type of matter

Figure 14.2 Approved Appeals 2010-2015. Graph created using data from Statistics Canada.

Figure 14.3 Refused Appeals 2010-2015 Graph created using data from Statistics Canada.

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The Harmful Repercussions of Wrongful Convictions found, then this application is accepted by the Minister of Justice and a new trial or referral to the Court of Appeal is ordered. This application process is overseen by the Minister of Justice as well as the Special Advisor to the Minister (Scullion, 2004). The Special Advisor to the Minister is someone from outside of the Department of Justice (Scullion, 2004). This application is a final way for the criminal court to resolve its wrong findings, because it is the only option after having an appeal dismissed. The s. 696.1 is a gold standard within Canada’s criminal court because it acts as a safety net for all convictions (Scullion, 2004). The application allows for the questioning of the decision of every other court of appeal following the addition of fresh evidence; thereby, not allowing any case to shut completely with no hope for the individual to seek exoneration regardless of how many of the causes for wrongful convictions occur (Scullion, 2004).

Aftermath

Through examining wrongful convictions, it is clear to see that there is a still a lot of improvement needed in our justice system, especially regarding the implementation of gold standards. This in fact was the topic of the Federal- Provincial-Territorial Heads of Prosecutions Committee’s third volume of Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada (Reed & Reitmeyer, 2019d). This report was originally created to examine the fallout of the criminal justice system by looking for ways to reduce the number of wrongful convictions (Reed & Reitmeyer, 2019d). The third volume of the report made recommendations to attempt to remove bias from the system; through the implementation of programs for police and prosecution services in Canada for issues such as tunnel vision (Reed & Reitmeyer, 2019d). It also recommended that further research be done to look into false guilty pleas, specifically looking at why they occur (Reed & Reitmeyer, 2019d). These implementations would help not only reduce bias in the court, but it would also create a snowball effect in showing how these kinds of programs can, in fact, help to reform our justice system in Canada. The report further extends the message of Denov and Campbell’s, 2005, report that there needs to be more improvements within the Canadian criminal justice system. These improvements namely being the implementation of gold standards that this book has examined. Through the correct use of these standards

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Are We There Yet? The Golden Standards of Forensic Science in the court of law, there will be a definite reduction of wrongful convictions due to the root causes of said convictions being reduced, and in some cases removed entirely (Reed & Reitmeyer, 2019d) This is a future that must happen, for if it does not, then there will continue to be wrongful convictions that occur every year. While exoneration of wrongful convictions does occur, this does not take back all the negative effects of the original conviction. The implications of being wrongly convicted cannot be reversed, regardless of an exoneration. The relationships that these individuals once had are rarely the same as they used to be. Thus, leaving them with little support following their return to society (Reed & Reitmeyer, 2019b). In fact, a study done by Leslie Scott revealed that there are many “similarities between the psychological states of those who have been wrongfully convicted — and veterans who have returned from war” (Reed & Reitmeyer, 2019b).

Adversities after Exoneration

The use of proper forensic science practices has exonerated many individuals who have been wrongfully convicted such as , , , and many more (Innocence Canada, n.d). It is an extraordinary thing to have the truth come to light in wrongful conviction situations, however, it is failures of standards and practices throughout the criminal justice system that caused these wrongful convictions in the first place. The negative encounters that wrongfully convicted individuals endure through the failures of the criminal justice system leads to a lifetime of psychological consequences (Denov & Campbell, 2005). Unfortunately, the consequences of the justice system’s failures and wrongful incarcerations do not disappear once a victim of wrongful conviction is exonerated. When a wrongfully convicted individual is exonerated, they are thrown back into society without any resources to help them cope with adversities they may face (Grounds, 2004). This is an added stressor to these individuals’ lives that not even veritably convicted criminals have to face, as these individuals are offered appropriate resources to help with their transition back into society. While incarcerated, wrongfully convicted individuals cope in their own ways while fighting for their innocence, as these individuals never know when the nightmare will be over. James Driskell, a man who was wrongfully convicted for first degree murder, stated that he was “trying not to look forward to anything” while in prison

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(Hardland-Logan, n.d). The consequence of never knowing when their innocence will be proven results in individuals not making future decisions for themselves as a way to not give up on the hopes of one day being exonerated. The feeling of hopelessness becomes the new outlook on life for individuals wrongfully convicted, contributing to massive personality changes in these individuals (Grounds, 2004). This harmful psychological change can lead to the inability to make life choices once exonerated, causing further stress for these individuals. Dealing with the traumatic experience of incarceration while adjusting back into one’s new life enhances the psychological devastation experienced by wrongfully convicted victims. The negative repercussions have been displayed by several wrongfully convicted individuals time and time again. During an interview with David Milgaard, who was wrongfully convicted for rape and murder, Milgaard stated that he would “never forget being a prisoner. In my own way I still consider myself a prisoner” (Chisoverhis et al.,1995). Milgaard endured both physical and sexual abuse while incarcerated which caused devastating psychological effects for him, leaving him with memories of being a prisoner that will never be forgotten (Innocence Canada, n.d). The personal experience of Milgaard reiterates how the consequences of wrongful convictions persist, even though the individual is no longer incarcerated. David Milgaard hopes to use his personal experience of incarceration to help others who are incarcerated to help minimize trauma experiences (Innocence Canada, n.d). Robert Baltovich was wrongfully convicted for murder and spent eight years incarcerated as a result (Hardland-Logan, n.d). When transitioning after his exoneration, he was bombarded with the anger and frustration of being wrongfully convicted, all whilst dealing with the death of his partner, making re-integration back into society difficult for him (Hardland-Logan, n.d). When describing what his life was like once exonerated, Robert stated “…I don’t think you ever really become you again” (“I Don’t Think You Ever”, 2018). The experiences and evidence of wrongfully convicted victims demonstrates the never-ending negative repercussions, emphasizing the importance for the criminal justice system and forensic science practices to raise their standards so that more lives are not ruined.

Mental Health Devastation

The incarceration lifestyle exposes wrongfully convicted individuals to immense isolation and these individuals adopt to this lifestyle of isolation even after

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Are We There Yet? The Golden Standards of Forensic Science exoneration. While incarcerated, wrongfully convicted individuals feel as though they do not fit in with the other prisoners as they have not actually committed the crime they were convicted for. As a result, wrongfully convicted individuals tend to isolate themselves from the other prisoners (Wildeman et al., 2011). The isolation experienced while incarcerated can cause individuals to lose the ability to socially interact once back in society. As a consequence of lack of social skills, they tend to withdraw themselves from the people in their lives (Wildeman et al., 2011). This withdrawal and isolation deteriorates the mental health of wrongfully convicted individuals, leaving them alone with their thoughts and experiences. This isolation, along with the negative experiences of being wrongfully convicted, can potentially cause suicidal ideation among the wrongfully convicted (Burnett et al., 2017; Campbell & Denov, 2004; Wildeman et al., 2011). It is more common than not that wrongfully convicted individuals struggle with their mental health and suffer from a mental illness (Grounds, 2004). The increased chance that these individuals have of developing a mental illness, such as post-traumatic stress disorder, is due to the harsh conditions endured during incarceration as well as the traumatic experience of being wrongfully convicted (Grounds, 2004). The chronic trauma of a wrongful conviction process can lead to devastating effects on an individual’s personality. Victims of wrongful convictions can go from being compassionate, caring, and kind to hateful, hostile, and untrusting (Grounds, 2004). Studies have demonstrated that prolonged trauma can alter the personality of an individual, ultimately rendering them unrecognizable to those around them (Grounds, 2004). The dramatic personality changes that occur in wrongfully convicted individuals further demonstrates the repercussions of a wrongful conviction due to a failed criminal justice system. One of the most common mental illnesses diagnosed in people who have experienced a wrongful conviction is post-traumatic stress disorder (PTSD) due to the violence and trauma of these individual’s experience (Grounds, 2004). PTSD results from experiencing a traumatic event and causes recurrent memories, flashbacks and reliving the traumatic experience (American Psychiatric Association, 2013). This causes significant impairment in an individual’s life. Once exonerated, wrongfully convicted individuals tend to relive the traumatic experiences of incarceration, making them on edge, feeling as though they are always on guard waiting for someone to attack them. Living in constant fear, these individuals can feel alone leading them to developing depression and/or anxiety as a co-morbidity with PTSD (Burnett et al., 2017; Grounds, 2004; Wildeman et al.,

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2011). The mental health deterioration of wrongfully convicted individuals further isolates them from re-integrating back into society due to the immense fear, loneliness, and isolation that is caused by the consequences of wrongful convictions. Individuals who do not seek support for their struggles tend to suppress their negative experiences and emotions as a way to cope with the trauma, however, this only further exacerbates the poor state of their mental health (Grounds, 2004). Falling victim to the justice system’s failures inevitably cost these individuals their lives as they will never psychologically be the same through all the trauma they have endured.

Public Perceptions of Wrongfully Convicted Victims

The perceptions that the general public has about individuals who have been wrongfully convicted has been investigated in several studies. The findings reveal that the majority of the general public have a difficult time viewing wrongfully convicted individuals as completely innocent of the crime that they were convicted for (Clow & Leach, 2015). The label of being a ‘convicted criminal’ follows these individuals once they are back in society. The type of crime that the individual was wrongfully convicted for can also impact the public’s view of them. For example, studies have found that if an individual is wrongfully convicted of a sexual assault, they are still seen as a sexual offender by the general public even once they are exonerated (Campbell & Denov, 2004). This stigma that is generated by society further affects the transition of wrongfully convicted individuals back into society and many other aspects of their lives. In particular, when wrongfully convicted individuals try to secure employment they have difficulty as employers become reluctant to hire them as a result of previously being wrongfully convicted, despite their proven innocence (Kukucka, 2019; Wildeman et al., 2011). During reintegration back into society, when seeking employment and interacting with others, Robert Baltovich stated, “It’s a very difficult thing to rebuild a reputation…” referencing how he is always on edge and cautious of what others may still think of him, despite his innocence (“I Don’t Think You Ever”, 2018). The perception of guilt that is assumed by the public further enhances the psychological affects that wrongfully convicted individuals have to encounter. The constant rejection and reminder of the wrongful conviction can spiral individuals into feeling hopeless, as these individuals may feel that they will never live a normal life, putting them into a deep depression and misery (Grounds, 2004).

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The public may appear to sympathize with those who have been wrongfully convicted in light of the recent research that brings awareness to the negative experiences it entails. The actions that people may take toward wrongfully convicted individuals, however, do not always reflect this sympathy. Studies suggest that when asked to compare wrongfully convicted individuals with the general public and with actual convicted criminals who have performed a comparable crime, there are inconstancies with the public’s views (Clow & Leach, 2015). The results suggest that both wrongfully convicted individuals and actual convicted criminals are viewed very similarly to each other and are viewed very negatively compared to the general public (Clow & Leach, 2015). The bias and unease that the general public has towards wrongfully convicted individuals is evident to those who are victims of wrongful conviction, affecting their way of functioning in society. When socializing with the public after exoneration, Robert Baltovich stated “I don't want to say the wrong thing, I don't want them to think I get angry easily, I don't want them to think that I might possibly be a threat to them. I've had social situations where people were so shocked, I could tell right away, that didn't even really want to be in my presence” (“I Don’t Think You Ever”, 2018). The feeling of unease and fear that wrongfully convicted individuals’ presence causes others can negatively impact wrongfully convicted individuals views of themselves, further isolating them from society. The negative public reaction demonstrates that despite evidence proving that these individuals are in fact not guilty, the public still does not see these individuals as completely innocent as a result of their association with the criminal justice system. This perception will, therefore, be a constant reminder to the victims of wrongful convictions of the trauma that they experienced, further reinforcing the psychological burdens that they will bear for a lifetime.

Final Thoughts

Regardless of the cause of wrongful conviction, the consequences of wrongfully convicting an innocent individual are detrimental. The environment they are exposed to while incarcerated ultimately serves to exacerbate psychological consequences experienced. Wrongfully convicted individuals have been failed by the criminal justice system, a system whose duty is to protect public safety. It is practically inevitable that victims of wrongful convictions will endure mental health challenges as a result of their traumatic experiences. The criminal justice

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The Harmful Repercussions of Wrongful Convictions system, along with forensic science practices, need to ensure practices and procedures are completed at the highest gold standards to ensure that no innocent individual is wrongfully convicted. Practices and procedures need to be critically evaluated to ensure gold standards are met in all cases. Appropriate resources need to be provided to any wrongfully convicted individual to help them cope with their traumatic experience. Resources may include criminal record expulsion, compensating wrongfully convicted individuals, as well as making an apology on behalf of the criminal justice system to acknowledge the failures and the consequences that follow (Norris et al., 2017). It is more important than ever that gold standards are in place and met in all aspects of the justice system and forensic science in order to prevent future wrongful convictions and the damaging psychological consequences.

References

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