Eyewitness ID Pamphlet

Total Page:16

File Type:pdf, Size:1020Kb

Eyewitness ID Pamphlet CONTACT US DID YOU KNOW? 416 - 504 - 7500 Eyewitness Identification Error ADDRESS of wrongful convictions are a 111 Peter St. Suite 408 THE LEADING CAUSE OF result of eyewitness WRONGFUL CONVICTIONS misidentification Toronto, ON M5V 2H1 93% W E B S I T E of cases end in a plea bargain, i n n o c e n c e c a n a d a . c o m rather than the uncertain outcome of a trial Find us on In 29% of our clients' Social Media cases, no crime was committed @InnocenceCanada "If I have learnt anything through this $115,000 battle, it is that justice in the courts is @InnocenceCanada not something guaranteed, it is is the cost of keeping an something that must be fought for innocent person in prison for one and won" year Innocence Canada - Joyce Milgaard GLEN ASSOUN ROBERT BALTOVICH O'NEIL BLACKETT RICHARD BRANT JAMES DRISKELL ANTHONY HANEMAAYER LEIGHTON HAY CLAYTON JOHNSON DINESH KUMAR TAMMY MARQUARDT DAVID MILGAARD GUY PAUL MORIN WILLIAM How do Mistaken MULLINS-JOHNSON FRANK OSTROWSKI ROMEO PHILLION JOHN SALMON MARIA The Cross-Race Effect SHEPHERD SHERRY SHERRETT-ROBINSON THOMAS SOPHONOW STEVEN Eyewitness TRUSCOTT KYLE UNGER ERIN WALSH JACK WHITE ANTHONY'S CASE Identifications Occur? The cross-race effect adds to the unreliability of eyewitness testimony. Eyewitness identifications are extremely Studies examining this phenomenon have powerful sources of evidence in a criminal shown that a person is 1.4 times more likely to remember, and correctly identify, trial. Eyewitness identifications can be the face of an individual who is the same On September 29, 1987, a man broke into the bedroom unreliable for many reasons including race as she or he is when compared to of a 15-year-old girl at about 5:00 a.m. The man pinned stress, emotions, distance and memory their ability to remember and identify the her to her bed, placed his hand over her mouth and recall issues. These types of issues can face of the member of another racial declared that he had a knife. Her mother, however, influence investigations from the earliest group. Critical time can be lost while heard a scream, entered the room, and found the man stages, and eventually lead to an innocent police are distracted from the real attempting to assault her daughter. person's conviction. Unfortunately, juries perpetrator, while focusing on building a The mother saw the man for less than a minute in total are often unaware of the many factors that case against an innocent person that has been misidentified. This can lead to a and described him as 6 feet tall, 170 lbs, a slim build, 19 contribute to the frailties of eyewitness years of age, having sandy brown and wavy hair, and as phenomenon known as tunnel vision, wearing a black leather jacket and blue jeans. evidence. where police focus in on a suspect and find evidence that supports a particular The mother decided, based on no evidence whatsoever, . theory. that the man was likely working in the area and elicited the name of the then-19-year-old Anthony from one of Distance the construction companies as somebody who fit the Stress or Read more about description of the home invader. confusion Tunnel Vision at Lighting Innocencecanada.com Two months after the break-in, she was shown a photo Misleading Lineups line-up with Anthony's photograph, and picked him out. Contributing The investigator gave her positive feedback on her choice. Factors Anthony falsely pled guilty on the second day of the trial after becoming worried that the mother was a very convincing witness. Anthony was sentenced to two years and served eight months in prison. It was later learned The The The The eyewitness "distractors" person witness' through new and undisputed evidence that the is not told are poorly conducting choice perpetrator was actually Paul Bernardo, the infamous that the chosen and do the lineup is is confirmed, “Scarborough rapist". Memory Presence of Misleading culprit not match the aware of which Recall Issues Weapons Lineups may not be description of who the increases To learn more about past exonerations visit included the suspect suspect is confidence InnocenceCanada.com .
Recommended publications
  • Voices of Forensic Science
    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).
    [Show full text]
  • Rule of Law Report
    RULE OF LAW REPORT ISSUE 2 JUNE 2018 EDITOR’S NOTE Heather MacIvor 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Win Wahrer 3 LEVEL – CHANGING LIVES THROUGH LAW Heather MacIvor 6 EDITOR’S NOTE This issue features two leading Canadian organizations dedicated to justice and the rule of law. Innocence Canada, formerly called AIDWYC (Association in Defence of the Wrongly Convicted), is dedicated to preventing and correcting miscarriages of justice. Win Wahrer Heather MacIvor has been with Innocence Canada since LexisNexis Canada the beginning. As the organization celebrates its 25th anniversary, Win tells its story. She also spotlights some of the remarkable individuals who support Innocence Canada, and those Photo by Fardeen Firoze whom it has supported in their struggles. Level, formerly Canadian Lawyers Abroad, targets barriers to justice. It aims to educate and empower Indigenous youth, enhance cultural competency in the bench and Bar, and mentor future leaders in the legal profession. This issue spotlights Level’s current programming and its new five-year strategic plan. By drawing attention to flaws in the legal system, and tackling the root causes of injustice, Innocence Canada and Level strengthen the rule of law. LexisNexis Canada and its employees are proud to support the work of both organizations. We also raise money for other worthy causes, including the #TorontoStrongFund, established in response to the April 2018 Toronto van attack. 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Innocence Canada, formerly the Association in Defence of the Wrongly Convicted (AIDWYC), is a national, non-profit organization that advocates for the wrongly convicted across Canada.
    [Show full text]
  • Wrongful Convictions: the Effect of Tunnel Vision and Predisposing Circumstances in the Criminal Justice System
    Wrongful Convictions: The Effect of Tunnel Vision and Predisposing Circumstances in the Criminal Justice System Bruce A. MacFarlane 0 Table of Contents Part I: Introduction............................................................................................................... 2 Part II: “Predisposing Circumstances” in the Criminal Justice System............................ 5 A. Public and media pressure on law enforcement agencies..........................................7 B. Public reaction to the background of an offender. ...................................................16 C. Noble cause corruption.............................................................................................20 D.Distortions due to extraneous influences ..................................................................25 Part III: Tunnel Vision in the Criminal Justice System ............................................28 A. What is tunnel vision? ..............................................................................................28 1. Commission of Inquiry in Canada and the United States a) The Morin Public Inquiry b) Commission of Inquiry into the Wrongful Conviction of Stephen Sophonow c) Report of the Commission on Capital Punishment (Illinois) d) The Lamer Commission of Inquiry 2. Critical elements of tunnel vision B. How does tunnel vision occur?...............................................................................33 1. Psychological Roots.....................................................................................34
    [Show full text]
  • In the Matter of Steven Truscott
    IN THE MATTER OF STEVEN TRUSCOTT ADVISORY OPINION ON THE ISSUE OF COMPENSATION THE HONOURABLE SYDNEY L. ROBINS, Q.C. March 28, 2008 TABLE OF CONTENTS INTRODUCTION ................................................................................................................................... 1 I. MY MANDATE ........................................................................................................................... 2 II. FACTUAL BACKGROUND....................................................................................................... 3 III. REFERENCE TO THE COURT OF APPEAL............................................................................ 7 IV. DECISION OF THE COURT OF APPEAL ................................................................................ 9 (i) The First Pillar Evidence Elated to the Time of Lynne Harper's Death ........................ 9 (it) The Second Pillar Eyewitness Evidence as to Where and When Steven Truscott was Seen on the Evening of June 9 .................................................. 11 (Hi) The Third Pillar. Post-Offence Conduct......................................................................... 13 (iv) The Fourth Pillar The Penis Lesions Evidence .............................................................. 14 (v) Other Evidence Considered by the Court of Appeal ........................................................ 15 The Court of Appeal's Conclusion................................................................................................. 17 V. ENTITLEMENT
    [Show full text]
  • Timothy Fonseca Case 26 Book Reviews Injustice Anywhere Ten Years 31 Is a Threat to Justice Final Remarks Everywhere
    spring 2008 • volume 9 ERIN WALSH He wins justice after 33 years, against overwhelming odds see page 3 photo: canadian press (andrew vaughn) photo: canadian 14 POLICE CAN BE SUED FOR 26 BILL MULLINS- negligence JOHNSON: Louis Sokolov Timothy the day he’ll never reports Fonseca: forget: Oct. 15, 2007 25 wrongly identified contents ◆ executive director’s report the aidwyc journal spring 2008 • volume 9 • issue 38 Development through Columns & News the strength of our people Evolution takes people 2 Erin Walsh exonerated 3 s you’ll read in the following pages, aidwyc is crucial, cases show 5 the length of time, commitment Student involvement in aidwyc 6 A and patience it takes to shepherd a Congrats to Jerome Kennedy 7 wrongful conviction case through the criminal AIDWYC agm 07: celebration! 8 justice system is enormous. Organizational Four condolences 10 change and development, albeit with much, Can you help AIDWYC? 12 much less heartache, also takes time, com- mitment and patience – especially on a shoe- Can AIDWYC help you? 13 string budget. photo: kristen watts Canadian Case Updates Organizational development provides ex- Tanya Gerber citing opportunity for new ideas to take flight Robert Baltovich 14 and tried-and-true methods to be installed. AIDWYC is committed to be- Bill Mullins-Johnson 14 coming a stronger, more efficient organization with one main goal in Romeo Phillion 15 mind: to help more people whose lives have been decimated by a wrong- Sherry Sherett 16 ful conviction. Steven Truscott 18 We’re evolving with the strength of our people, hiring new staff, ex- panding our Toronto office and establishing new protocols.
    [Show full text]
  • AIDWYC the Association in Defence of the Wrongly Convicted
    AIDWYC the association in defence of the wrongly convicted AIDWYC is a Canadian based volunteer organization dedicated to preventing and rectifying wrongful convictions. AIDWYC has two broad objectives: first, eradicating the conditions that give rise to miscarriages of justice; and second, participating in the review and, where warranted, correction of wrongful convictions. AIDWYC is an entirely voluntary, non-profit association dedicated to assisting factually innocent persons who have been wrongfully convicted. AIDWYC was founded in 1993. It is the direct successor to the Justice for Guy Paul Morin Committee, a grass-roots organization that came into existence in support of Guy Paul Morin immediately following his wrongful conviction in the summer of 1992. When Guy Paul Morin was released on bail in February 1993, pending his appeal, this Committee reconstituted itself as AIDWYC having consciously decided to broaden its perspective and to act in defence of all persons who had been wrongly convicted. AIDWYC’s Honourary President is the Honourable Gregory T. Evans, the former Chief Justice of the Supreme Court of the Province of Ontario and one of the three Commissioners who presided over the "Royal Commission on the Donald Marshall, Jr., Prosecution". For some ten years ending September 2004 AIDWYC’s Executive Director was Rubin Hurricane Carter who himself spent 20 years in prison for crimes he did not commit. The directors of AIDWYC include lawyers, academics and other interested members of the public. AIDWYC has sponsored or co-sponsored a number of international conferences including the 1994 conference, "Innocents Behind Bars"… the 1995 conference "Justice on Trial: The Wrongful Conviction of Guy Paul Morin", the 1996 conference "Coffin’s Legacy: Keeping the Death Penalty at Bay”, the 1998 conference in Chicago, Illinois "The National Conference on Wrongful Convictions and the Death Penalty" (of which AIDWYC was a co-sponsor).
    [Show full text]
  • Exploring News Media Constructions in Cases of Wrongful Conviction
    Wilfrid Laurier University Scholars Commons @ Laurier Theses and Dissertations (Comprehensive) 2015 Critical Champions or Careless Condemners? Exploring News Media Constructions in Cases of Wrongful Conviction Katherine Rozad Wilfrid Laurier University, [email protected] Follow this and additional works at: https://scholars.wlu.ca/etd Part of the Criminology Commons, Criminology and Criminal Justice Commons, Journalism Studies Commons, Mass Communication Commons, Other Sociology Commons, Quantitative, Qualitative, Comparative, and Historical Methodologies Commons, and the Social Control, Law, Crime, and Deviance Commons Recommended Citation Rozad, Katherine, "Critical Champions or Careless Condemners? Exploring News Media Constructions in Cases of Wrongful Conviction" (2015). Theses and Dissertations (Comprehensive). 1764. https://scholars.wlu.ca/etd/1764 This Thesis is brought to you for free and open access by Scholars Commons @ Laurier. It has been accepted for inclusion in Theses and Dissertations (Comprehensive) by an authorized administrator of Scholars Commons @ Laurier. For more information, please contact [email protected]. CRITICAL CHAMPIONS OR CARELESS CONDEMNERS? EXPLORING NEWS MEDIA CONSTRUCTIONS IN CASES OF WRONGFUL CONVICTION by Katy Rozad B.A. (Honours), Wilfrid Laurier University, 2013 THESIS Submitted to the Department of Criminology in partial fulfilment of the requirements for Master of Arts in Criminology Wilfrid Laurier University © Katy Rozad 2015 Abstract Countless incidences occur throughout the world each and every day. However, only a few of these occurrences are deemed newsworthy by the media. One area of information quite often categorized as “newsworthy” is that surrounding crime. Within crime-related news coverage are occasionally cases of wrongful conviction – miscarriages of justice in which the innocent are labeled “guilty” and wrongly punished.
    [Show full text]
  • Wrongful Conviction Day 2020 with Guest Exoneree Robert Baltovich
    Wrongful Conviction Day 2020 with guest exoneree Robert Baltovich | Text Transcript This is a text transcript for the Wrongful Conviction Day 2020 event, presented by the Criminal Justice & Public Policy and Criminology & Criminal Justice Policy programs at the University of Guelph. Guest speaker Robert Baltovich shared his experience of wrongful conviction and exoneration with attendees. The event was moderated by Prof. Dennis Baker and Prof. Carolyn Yule and was recorded on October 1, 2020. Transcript: Dennis Baker: Okay good evening everyone and welcome to our event honouring Wrongful Conviction Day. My name is Dennis Baker and I'm the Director of the Criminal Justice programs here at Guelph. I'm here tonight as the emcee but you won't be hearing much from me tonight, to my students’ great relief I'm sure. But, I'm going to try and keep things organized so we use this new forum effectively. I hope you'll bear with us as we will no doubt have a few technical bumps this evening. This is CJPP's first major event in this very different academic year. So, the plan for the evening is to have an introduction from Dean Byron Sheldrick and then Professor Yule will introduce our guest Rob Baltovich. And, ask some opening questions for about 30 minutes before you'll have the opportunity to ask yours. That's assuming I could figure out how Zoom works. We'll be taking questions via the chat function, so feel free to type yours as the evening progresses. They will come to me and then we'll have readers read them out.
    [Show full text]
  • THE TRIALS of STEVEN TRUSCOTT Introduction
    THE TRIALS OF STEVEN TRUSCOTT Introduction The acquittal of Steven Truscott, With public sympathy more and more Focus On August more than 48 years after his trial and on his side, Steven Truscott himself 28, 2007, the conviction for murder, resolved one stepped back into the limelight. With Ontario Court of of Canada’s lengthiest miscarriages the aid of lawyer James Lockyer and Appeal (www. of justice. In 1959, at the age of 14, other members of the Association in ontariocourts. Truscott was convicted of the rape and Defence of the Wrongly Convicted, on.ca/appeal.htm) murder of a 12-year-old girl. Following Truscott filed an official request with the overturned the a brief trial, he was sentenced to be Justice Minister for a review of his case. 1959 conviction of Steven Truscott hanged—a sentence that made him the Following an official inquiry, the Justice for the murder of youngest person ever to be sentenced for Minister referred the case to the Ontario 12-year-old Lynn execution by a Canadian court. Court of Appeal. It took nearly six years Harper. News in Truscott’s sentence was commuted from the filing of his request, but Steven Review looks back to life imprisonment, and he served 10 Truscott finally won his day in court. at the original years before being paroled. Following The appeal resulted in Truscott’s trial and Truscott’s lengthy battle to his release, he assumed a new name acquittal and a vindication for all those clear his name, and lived, worked, and raised a family who had supported him over the years.
    [Show full text]
  • Innocence at Stake: the Need for Continued Vigilance to Prevent Wrongful Convictions in Canada
    rosecutio f P ns o C ds o a m m e H it t T e P e F C s o e m l a i t n é é F p P s T e d it e su s C ur hefs des po Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada 2018 Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada Report of the Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions 2018 Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions Co-Chairs: Stephen Bindman, Special Advisor on Wrongful Convictions, Department of Justice Canada Eric Tolppanen Q.C., Assistant Deputy Minister, Alberta Crown Prosecution Service, Alberta Justice and Solicitor General Report Committee: Sherri Davis-Barron, Senior Counsel, Public Prosecution Service of Canada Chief Officer Doug LePard, O.O.M., Canadian Association of Chiefs of Police Superintendent Cliff O’Brien Calgary Police Service Cyndria Wedge Q.C., Director of Prosecutions, Prince Edward Island John M. Gordon Q.C. British Columbia Prosecution Service Staff Sergeant Greg Yanicki, Royal Canadian Mounted Police, E Division Leslie Paine, Deputy Director, Crown Law Office – Criminal, Ministry of Attorney General, Ontario Superintendent Darlene Savoie, Edmonton Police Service Mark Kantor, Senior Crown Attorney, Manitoba Justice Prosecutions Service Inspector Laura Livingstone, Royal Canadian Mounted Police, E Division Catherine Williams, Alberta Crown Prosecution Service, Alberta Justice and Solicitor
    [Show full text]
  • Wrongful Convictions in Canada
    University of Cincinnati Law Review Volume 80 Issue 4 Article 19 September 2013 Wrongful Convictions in Canada Kent Roach Follow this and additional works at: https://scholarship.law.uc.edu/uclr Recommended Citation Kent Roach, Wrongful Convictions in Canada, 80 U. Cin. L. Rev. (2013) Available at: https://scholarship.law.uc.edu/uclr/vol80/iss4/19 This Article is brought to you for free and open access by University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in University of Cincinnati Law Review by an authorized editor of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. Roach: Wrongful Convictions in Canada WRONGFUL CONVICTIONS IN CANADA Kent Roach*† I. INTRODUCTION An awareness of the alarming reality of wrongful convictions in both Canada and other criminal justice systems led the Supreme Court of Canada in 2001 to overturn prior jurisprudence that allowed Canada to extradite fugitives to face the death penalty.1 The Court decided that extradition to face the death penalty would generally violate the principles of fundamental justice in the Canadian Charter of Rights and Freedoms.2 The Court stressed that DNA would not be available in all cases,3 and that even “a fair trial does not always guarantee a safe verdict.”4 This case presents a challenge to all courts and policy-makers to do better in responding to the risk of wrongful convictions.5 It is also a reminder that all criminal justice systems that use the death penalty run an unacceptable risk of executing an innocent person.
    [Show full text]
  • Aidwychistory
    AIDWYC HISTORY ______________________________________________ AIDWYC is a Canadian based volunteer organization dedicated to preventing and rectifying wrongful convictions. AIDWYC has two broad objectives: first, eradicating the conditions that give rise to miscarriages of justice; and second, participating in the review and, where warranted, correction of wrongful convictions. AIDWYC is a voluntary, non-profit association dedicated to assisting factually innocent persons who have been wrongfully convicted of a serious crime. AIDWYC was founded in 1993. It is the direct successor to the Justice for Guy Paul Morin Committee, a grass-roots organization that came into existence in support of Guy Paul Morin immediately following his wrongful conviction in the summer of 1992. When Guy Paul Morin was released on bail in February 1993, pending his appeal, this Committee reconstituted itself as AIDWYC having consciously decided to broaden its mandate and to act in defence of all persons who had been wrongly convicted. Until his death in May 2010, AIDWYC’s Honourary President was the Honourable Gregory T. Evans, the former Chief Justice of the Supreme Court of the Province of Ontario and one of the three Commissioners who presided over the "Royal Commission on the Donald Marshall, Jr., Prosecution". For some ten years ending in September 2004 AIDWYC’s Executive Director was Rubin Hurricane Carter who himself spent 20 years in prison for crimes he did not commit. The directors of AIDWYC include lawyers, academics and other interested members of the public. AIDWYC CONFERENCES AIDWYC has sponsored or co-sponsored a number of international conferences including the 1994 conference, "Innocents Behind Bars"… the 1995 conference "Justice on Trial: The Wrongful Conviction of Guy Paul Morin", the 1996 conference "Coffin’s Legacy: Keeping the Death Penalty at Bay”, the 1998 conference in Chicago, Illinois "The National Conference on Wrongful Convictions and the Death Penalty" (of which AIDWYC was a co-sponsor).
    [Show full text]