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 253 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 254 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 (Innocence Canada, 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 255 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. 256 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 257 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 Guy Paul Morin, James Driskell, David Milgaard, Robert Baltovich and many more (Innocence Canada, n.d).