Shifts in Domestic Violence: How Celebs and the Economy are Playing a Role

Last week in my post "I'm the Victim!": An Exploration of Battered Women Who Kill, I ventured into the issue of battered women, exploring the causes, effects and what would lead these women to kill. Taking from this topic, my venture into the blogosphere this week focused more on the societal influences upon the increase or decrease of domestic violence. Although often viewed as an individual disease, harming loved ones is commonly a result of one's surroundings and third-party influences. Such influences vary from things such as job security, happiness in marriage, family relations, or social circles. In recent news, there has been quite a stir over the effect of the economic downturn on triggering an increase in violent acts within the home. A post by Michael Goot in The Daily Gazette explores that very issue, presents its widespread consequences, and possible remedies for stunting it's growth. He cites Amy Barasch, executive director of the state’s Office for the Prevention of Domestic Violence in saying that "job loss can exacerbate a difficult situation and lead to violence" and that "[a] deteriorating economy can also cause a woman to stay longer with an abusive partner because of finances." Furthermore, his analysis recognizes the non-discriminant nature of such acts and how they do not only occur to those in very poor and urban areas. In the end, several different remedies are presented, in the form of YWCA resources and community involvement, acknowledging the need for involvement on both the law enforcement level and the community level. Stemming from this, the news has been buzzing about the recent appointment of Charlize Theron as a messenger of peace for the United Nations (as seen to the left). A post on World News Forum identifies Theron's desire to end violence against women, particularly rape cases in her native country, South Africa. Joining the likes of George Clooney, Yo-Yo Ma, Elie Wiesel and Michael Douglas, Theron will be using her star power to bring important social issues to the forefront of society. This decision has been met with much publicity and community support with celebrity gossip pages spewing their unending support for Theron's endeavor. I have thus decided to comment on these two topics and have copied my responses below.

"Officials fear rise in domestic violence cases"
Comment:

You bring up some very significant points in this article. I wholeheartedly agree with your idea that domestic violence is likely to increase as a result of the economic crisis, particularly as a result of stress and the included statement by Amy Barasch identifying that a "woman [is more likely] to stay longer with an abusive partner because of finances" struck me as very intriguing and easily overlooked. In response to your argument that domestic violence doesn't discriminate, I find that although this form of abuse pervades all different rungs of the socioeconomic hierarchy, many and most of the incidents stem from individuals of lower economic status, the obvious argument being the increased number of life stressors rooted in a need for financial stability. However, on the opposing side, for those of higher economic status, acts of violence may be of greater magnitude and detriment. Whereas threats of violence may be more frequent by those with little financial security, there is, in a sense, very little to lose from those who don't have money to begin with. In contrast, those with greater finances essentially have more to hold over their spouse's head and we are more likely to see cases similar to what Barasch refers to in terms of women staying longer with abusive partners.

Concerning the new police instigation of arrests, I find it to be preposterous that a person would not want the perpetrator to be arrested. If not for the safety of the individual, any violent persons should be imprisoned for the sake of society as a whole. It is a relief to hear that "police are taught to respond to domestic violence calls as any other crime in progress" and taking active strides towards its prevention. Additionally, hearing about the different resources available for victims, such as Coordinated Community Response, Elephant in the Living Room, and YWCA is also rather inspiring and brings forth the question of whether or not these programs will help the aide the future decrease in domestic violence.

"Theron joins U.N. fight to end violence against women"
Comment:

Charlize Theron's recent appointment as a messenger of peace is quite a development and it seems fitting that the news should be so enamored by this decision. Her decision seems to bring a new light to Hollywood, looking past the glitz and the glamour and utilizing fame and funds for the good of others. Her "own experience of domestic violence at the age of 15" gives her a great deal of credibility and gives a sense of hope to those who are currently being abused, demonstrating that women can escape from such a life and gain their own personal success. The work she will do is quite an inspiration in many different aspects, particularly for those battered women and also for those with a disheartened view of Hollywood and celebrity influence. Despite this, society as a whole may be conflicted in their image of her, with some who may criticize her and call her an imitation Angelina, vying for fame through humanitarian work. This leads to the question of whether or not people will take her work seriously, seeing as though she has been a long-time Hollywood star, glazing the covers of magazines and playing roles of meek women on the silver screen. However, regardless of any negative publicity she may receive, her work proves itself to be a success already, bringing light to the issues of domestic violence, a topic unknown to many. Whether or not individuals choose to act upon this new found knowledge, at least the word is being spread to the masses simply through her fame. Realizing this, imagine what she will be capable of achieving with her actual efforts.

"I'm the Victim!": An Exploration of Battered Women Who Kill

Jady Voce (pictured right), who recently plead guilty for the stabbing of her husband, was the victim of battered woman syndrome. Contributing to the 10% of homicides in the United States committed by women as a result of abusive partners, her sentence of ten years in prison for first degree manslaughter (a reduced sentence as a result of a plea bargain) will be formally charged on January 5. Regardless of her decision to plead guilty, she is an example of a large population of women who suffer from this very abuse. Battered woman syndrome is defined as a "psychological condition where one’s perceptions of dangerous situations are triggered by events that outsiders would not perceive as life threatening but, are in fact related to and explained by long term, continual, psychological and physical abuse," as stated Dr. Lenore E. Walker, renowned expert on battered women. She identifies three stages in the process: the tension-building phase (mostly verbal bickering), acute battering incident (where the woman is injured as a result of the rage) and contrite phase (where gifts and promises lead women to believe that the abuse has occurred for the last time). In many cases, another added stage to this process is murder, as we see in Voce's case and a large number of other cases leaving convicted women in prison and some on death row. It is the rightful duty of the courts to convict these women for their crimes of homicide, however, their sentences should be reduced as a result of the strenuous mental, physical and emotional consequences invoked by the abuse endured.

The symptoms of battered wife syndrome include such items as impaired functioning, learned helplessness, fear and terror, diminished alternatives and hypervigilance to cues of danger (which is the ability to detect subtle cues of oncoming rage that otherwise would not be noticed). That being noted, women breaking the law by murdering their spouses should not be held to full account for their actions as a result of an inhibited mental state and emotional state. The main argument in favor of abuse victims is the imminent danger defense, with reasonable perception of imminent danger as a justified use of lethal force. Feeding off their increased fear, batterers often manipulate their victims with open threats, sometimes forcing them into positions of violence and homicide. Under such mental and emotional stress, it should not be considered out of the question for women to commit crimes of murder, especially co mingled with the emotions of fear and helplessness already instilled in victims of battered woman syndrome. By no means do I think that homicide in any form is justified, rather I find it necessary to employ delicacy when exploring the severity of the sentencing. Moreover, I am fully aware that not all share in such an opinion, their strongest reasoning being the availability of alternatives to homicide. According to the psychologist, attorney and law professor Charles Patrick Ewing, "the status of battered woman or even battered person is not and should not by itself be justification for homicide," and the use of psychological self-defense would only justify deadly force when utilized "to prevent the infliction of extremely serious psychological injury, [...] defined as gross and enduring impairment of one's psychological functioning that significantly limits the meaning and value of ones physical existence." Essentially, victims of such abuse should rely on law enforcement officials and alternative forms of social and psychological support instead of resorting to such an extreme "solution." Along the same lines, some argue the definition of "imminent threat" and question whether certain cases can reasonably be deemed as such a threat. Granted their beliefs do hold merit and would most likely be the actions I personally would want to employ, yet there are issues that arise within the argument. To a victim who may or may not have experienced years of emotional and psychological abuse, the concept of freedom and other alternatives may not be as evident as they appear to a layperson. Likewise, the image of imminent threat may be different in the eyes of a long-term victim who has undergone strenuous negative mental activity. In regards to Ewing's definition of psychological self-defense, it may be an accurate demonstration, but it creates a very narrow and unrealistic window of the natural, societal occurrences. The effects of psychological damage affect individuals in different ways and to different magnitudes, and where some may not be influenced in such dramatic fashions, others may experience more increased side effects. Although the justification does not necessarily rest upon scientific foundations, its support is rooted more upon common sense, the psychology behind human behavior and the understanding of different human perspectives.

The science of psychology leaves the door open for many different discoveries, concepts and ideas, due to the fact that the brain changes by the second and what was true one minute may be wrong the next. Thus, in regards to human behavior, it is best to leave an open mind and explore the possibility that others in a different mindset may act or react in contrasting ways. Victims of battered woman violence face psychological difficulties much different than the average individual, with their lives encumbered by this cycle of violence (see left). In the event that a woman does decide to kill her batterer, a crime has indeed been committed and the consequences should be enforced accordingly, however, because the crimes are very sensitive and unorthodox, they should be analyzed with a different level of thought and concern. Just as those who are mentally ill are treated as patients rather than criminals, these victims should be treated just as they truly are- victims to crimes who do what they believe to be in their best health and emotional interests. Jady Voce may not be the perfect example, but she is one of the multitudes of women who are beaten and abused. In the event that such a woman should be tried, perhaps the jury should take a deeper exploration into the mindset of the battered woman and the variety of driving forces leading her to kill.

Attacking Hate Crimes: Society Fights Back Against an Age-Old Issue

Last week, after delving into the realm of hate crimes (particularly those racially-motivated) in my post entitled “Repeating History: How Race Plays a Role in Crime,” I decided to explore the blogosphere to see how bloggers were responding to this issue in the 21st century. While the FBI releases stunning statistics indicating racial and religious differences between hate crime victims and offenders, some would argue that the issue is wrapped in more underlying psychological factors. Such perspective is reflected by Key Sun, Ph.D., a psychologist, social worker and law professor, in his recent post “Can Race Take the Responsibility for Racially-Motivated Crime?” in Psychology Today Blogs. He there argues that external attribution of violence and a misconception of "race" as a group leads people to believe that race is to blame for something which is actually individually based. The belief held in the blog is that although a person of a specific racial group may hold a particular opinion of another group, that opinion is not necessarily shared by the racial group in question. He identifies that the media often generalizes the offender as a reflection of the entire racial group and thus gives off an incorrect impression and places the blame of hate crimes on the wrong people. On a different level, Virginia Bergman, a former reporter and editor of a community newspaper, recently posted in her blog, Katalusis, her opinion of hate crimes. Her post "Lynching Sarah Palin in Effigy: Hate Crimes Against Women Are Legal,"addresses the issue of hate crimes and how they affect females, particularly in the form of an effigy of Sarah Palin as hung in West Hollywood (as seen to the right). She argues that although racial and political hate crimes are addressed directly and forcefully, such crimes against women are treated with much less regard. In addition to commenting on their respective blogsites, I have included my comments below.

Comment:
Thank you for your very well-researched and thoroughly analyzed blog addressing these very complex and emotionally-charged issues. Being a student of social psychology myself, I have explored and am interested in the study of attribution error and I fully understand your argument, however, I must interject and respectfully question your study. I agree that in many individual cases, their actions are over-generalized by the media and made to display the particular racial or religious group in a negative light. At the same time, while the media should not categorize such groups incorrectly, it would be wrong to assume that they do not share the beliefs whatsoever. There are overwhelming statistics from the FBI to demonstrate that some racial groups are more likely to commit racial hate crimes than others or be victim to hate crimes above others. Granted not all of those occurrences are directly related to racism, however it is impractical to argue with dense statistics indicating that there is somewhat of a correlation between the two factors.

Additionally, as I understand, you have stated that the news media portrays the image of the offense committed by the group rather than the individual. While I somewhat agree with your statement, I feel as though the media presents the case and the faults of the individual, then generalizes the situation to support and supplement previous studies which have been conducted by organizations such as the FBI. Rather than over-generalizing, the news simply finds trends in the actions of the individual and does not transfer the blame away from the individual when relating it to the group.

Finally, in regards to your argument on race not being a group, I found that to be a very intriguing point. It is true that there are no clear leaders, followers and statuses in regards to race and that these individuals are widespread across different cities, states and countries. In spite of this, I cannot help but present the fact that regardless of this vast spread of different races, there are still large racially segregated communities (despite the fact that they are not forcefully segregated). These communities still have pseudo-leaders in the form of involved community members and local citizens who contribute to the actions and ideologies of community members. Thus, although they are not officially recognized groups, their interactions and sense of community in many different parts of the nation make them equally likely to be seen as a group.

Comment:
Thank you for your intriguing post on a highly significant issue, especially for women. Although hate crimes are seen to spread from the focus of race, religion, sexual orientation, and gender (to name a few), many of the focuses are shrouded by the main focus on racial hate crimes. I found you have made a strong point in mentioning that although the Palin effigy was able to hang so long without forceful consequences, the presence of a Barack Obama effigy resulted in a swift removal and arrest. It seems particularly outrageous that there would be such a strong support for one presidential candidate while paying little regard to an equally significant vice-presidential (and female) candidate.

Regardless of the fact that the effigy was claimed to be a joke for the sake of Halloween, the intent was negative and inappropriate and could even be construed as a threat to the life of the potential vice-president. To make the claim that this act was not in any way an act of a hate crime would be quite a generalization in the wrong direction. Hate crimes are identified to be acts with the intent of hurting, intimidating or instilling fear to individuals because of race, religion, sexual orientation, gender, political beliefs or disability. The act towards Palin reflects intimidation as a result of political beliefs and possibly gender. It seems ridiculous for multiple reasons that this person was able to display such an image for so long without a greater force stopping them. I agree with what you have said, and if not for the sake of women's rights, actions should have been taken for the sake of national security. This is a history-making moment for women, with a female vice-presidential candidate and it should not be treated with such little respect so as to intimidate other women from taking a stand as Palin has.

Repeating History: How Race Plays a Role in Crime

This week, I have decided to take a step back from my normal posts on false convictions and exonerations and focus on a different aspect of the psychosocial influences on criminal behavior: racial hate crimes. In a recent article published in the Washington Post, a large outcry was made by activists in such organizations as the Nation of Islam, the New Black Panthers and the NAACP (see left) in regards to a slaying of a black man, Brandon McClelland, in Paris, Texas. According to the crime reports, McClelland was en route with his two white friends in a pickup truck when an argument sent him on foot, walking home. His death was a result of his two accused friends running him down and dragging his body for about 70 feet beneath their pickup truck. Activists have voiced their strong concerns that the death of McClelland was a result of a racial hate crime whereas authorities claim that there is much doubt and little evidence to support such claims. Hence, the controversy and debate spurs from the question of whether or not this case, or similar cases, should be viewed as a hate crime.

According to a release by the Community Relations Service, a division of the U.S. Department of Justice, a hate crime is defined as "violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability." Such an act is used as a weapon to instill fear, helplessness and vulnerability to the victim through a flurry of explosives, arson, weapons, vandalism, physical violence, verbal threats and the like. The 1995 Uniform Crime Report released by the FBI, there were 7,947 reported incidents of hate crimes, 2,988 of which were anti-black. Additionally, of the 8,433 known offenders, 59% were white and 27% were black. Additionally, in an article published in Law and Human Behavior entitled "'So, What's a Hate Crime Anyway?' Young Adults' Perceptions of Hate Crimes, Victims, and Perpetrators," Kellina M. Craig and Craig R. Waldo identify that hate crimes inflict greater individual and societal harm than violent crimes because they are more emotionally charged and are thus more likely to provoke community unrest and retaliatory crimes. The case of Brandon McClelland has indeed met the societal standards of a hate crime, with the black community in Paris infuriated and demanding justice in light of this demonstration of an emotionally charged crime. Also, this can easily fall into the the category of hate crimes as demonstrated by the 1995 FBI statistics and 2006 statistics, as seen to the right. The report overwhelmingly favors the occurrence of hate crimes against blacks by white offenders, demonstrating that their protests are not particularly out of the question. Regardless, there is still a very strong argument to demonstrate that the events of the McClelland case had very little indication of a racial hate crime.

The exceptional circumstances surrounding this case become the root for much conflicting argument. One of the accused, Shannon Keith Finley, had previously plead guilty to manslaughter after McClelland plead guilty to perjury for providing a false alibi for him. The fact that McClelland was friends with both of the accused muddies the claim of a hate crime. Also, during his time in prison, there was little evidence of Finley joining a white-supremacist gang and a spokesman for the Lamar County District Attorney's office indicated that there was not much to suppose any racial motivation in the crime. According to the American Psychological Association's paper, hate crimes differ from other crimes in that the offender commits the act as a message to members of a particular group that they are unwelcome. In this case, there has been no indication of Finley or the other accused sharing in these sentiments. Contrastingly, Finley's tattoos showed evidence of him being a member of a Paris gang with both black and white members, portraying quite the opposite image expected in a hate crime conviction. Regardless, protests still ran strong, making strong claims of racism and calling the events a "copycat" of the 1998 James Byrd case. It's quite clear that the claims of a hate crime having occurred are not supported by much physical evidence and the case is open to much interpretation in either direction. Because of this lack of tangible evidence, it would not be out of the question to believe that this may have been another issue of individuals with already active criminal records not necessarily committing a hate crime but a violent crime. Although they are being persecuted by the general public, law enforcement officials are justified in their argument that there is a strong possibility that a racial hate crime has not occurred.

In another light, although physical evidence may not be present, there is still circumstantial evidence leaning towards the occurrence of a hate crime. Aside from hate crimes being highly concentrated towards the black community, this case in particular was located in Paris, Texas, a historically racist community that has seen a number of hate crimes in the past. It then becomes understandable for the community to raise their voices at the recurrent presence of possible racism, particularly in this day and age. The American Psychological Association identifies that hate crimes are not often committed by organized groups, but rather by law-abiding young people in situations which are sometimes fueled by alcohol and drugs. Although this case could easily be seen as just another violent crime, the possibility of it being a hate crime is equally likely, being the actions of two angered and previously violent and convicted young men. Furthermore, it is said that at the time, the three involved were going on a "beer run" at the time of the crime, opening the door to the presence of alcohol into the situation. In any event, there is nothing ruling out the possibility of alcohol. In that situation, regardless of his affiliation with a diverse gang and his friendship with McClelland, Finley and his accomplice, under the influence could just have easily have committed this act with the intent of being a hate crime. With our without physical evidence, the circumstances still leave a large possibility of racism being a key factor in this crime.

The possibility of a hate crime having occurred in the case of Brandon McClelland is still open to investigation, however, there seems to be overwhelming evidence to demonstrate that was, in fact, a driving force in the past events. It is often seen that they occur in locations where negative stereotypes are prevalent. The unchanging nature of these stereotypes leads to underlying racism and degradation, which may not be present in tangible evidence. This, however, does not mean that the racial hate crime has not occurred in such situations. The circumstances alone leave a strong inclination for this case and similar cases to be seen as such, through those committing the act, the location and the events surrounding the act. It would not be wrong to assume that many other hate crime cases have occurred in similar situations, making it reasonable to claim that this crime, as well as those like it, can logically be seen as racial hate crimes.

Conflict of Interest: A Guide to the Vast and Varying Aspects of Criminal Justice

In an attempt at broadening my knowledge of the online world, I explored the blogosphere this week, hunting for resources to assist and expand my understanding of forensics, psychology and the criminal justice system. With the help of the Webby and IMSA criteria, I have compiled 20 diverse websites with explorations into this particular study, all of which are now located in my Linkroll. In direct correlation with my previous posts, the first of these websites is The Innocence Project, which is a personal favorite of mine and is seen to the right. Beyond its visual appealing interface, this website provides a plethora of useful information, not only in terms of current cases, but also in identifying the flaws in the criminal justice system and possible reforms. The combination of strong content and ease of use makes this website a powerful source. Similarly, The Justice Project provides an analysis of exonerations and false convictions as they discuss possibilities for fixing the flaws in the system. Related to my previous post on False Convictions is the American Psychological Association website on Law & Psychology, which outlines current psycholegal news and provides the code of ethics for Psychologists; along the same lines, the American Legal Ethics Library provides an in-depth collection of legal and ethical codes for numerous states and the ACS Blog has a strong focus on the law and legislation surrounding the criminal justice system wrapped up in a neat, attractive interface. Additionally, the Center on Wrongful Convictions explores the cases of exonerated individuals. Also, it identifies the issues behind wrongful convictions, such as the causes and remedies, the death penalty, and what happens to individuals after their exoneration. This exploration provides a strong resource into the problems and specific cases where see the dominance and relevance of such issues.

For a more news-based source, ABC News provides a neatly-organized, engaging and interactive page. Aside from having short video clips and images, it provides news articles separated by topic, allowing for easy access to the article of your choice. Alltop.com also provides a collaboration of different websites, including recent posts and a short excerpt of the article when hovering over the title. The website is less than visually stimulating, with an overwhelming amount of text, however, its usefulness, particularly in the article excerpts, compensates. AlterNet.org (referenced in my post in Eyewitness Misidentification) and the ABA Journal are both online magazines with easy-to-use interfaces, wide ranges of up-to-date articles and very reliable and scholarly sources. Psychology and Crime News provides great analysis and links to multitudes of outside sources, with the downfall of many links failing to provide full sources to the reader. Many links lead only to abstracts of certain articles and the overall appearance of the website is rather dull and fails to engage the reader visually. Also somewhat news related is that of wrongful-convictions, a blog which acts more as a news page in presenting the cases of those wrongfully convicted in the United States.

Entering into the genre of blogs, Grits for Breakfast proves to be the most highly acclaimed and utilized by other bloggers. In addition to being well-maintained and highly informative, it provides a strong opinion while retaining professionalism in language and tone. Equally as useful and renowned would be Underdog Blog, as seen to the left. This blog provides a very light and personable style while at the same time being very informational and voicing a strong opinion. Its professionalism has gained this blog a large fanbase among others in the blogosphere. Similarly, Forensic News Blog presents interesting topics in the field of forensics but does so in a very casual and intriguing fashion. Although lighthearted, it still remains informative and introduces the reader to many unknown facts and facets of forensics. Also, the Eyewitness Identification Reform Blog demonstrated cases dealing with, obviously, eyewitness identification. However, despite their informative blogs and clean interface, their blog lacked significant and recent updates.

The death penalty was a prevalent issue for many blogs, with Capital Defense Weekly, Abolish the Death Penalty, Lethal Injection, and Death Penalty Issues stemming from the controversial topic. In particular, Abolish the Death Penalty portrayed a strong opinion which, although some may say it is too biased, provides a strong counterpoint for any conflicting blog site or webpage. The extensive passion of the blog would make for an excellent comparison and will undoubtedly be well-researched. Lethal Injection gives a strong defense to specific cases which may result in lethal injection. Although this blog pulls from relevant news sources, its methods of doing so allow for strange formatting and differing fonts and sizes, giving the appearance an unprofessional and sloppy look. Likewise, Death Penalty Issues provides the reader with a massive amount of different resources and is an excellent source, not only for death penalty cases, but also for history, facts and general information. However, its downfall is in the rather poor formatting. The website links become slightly confusing and are rather messy on this slightly shocking complicated interface. Finally, Capital Defense Weekly introduces different cases and references relevant articles, with an interesting sidebar listing out all the upcoming capital defense cases and exonerations. As a whole, this broad range of websites has provided not only the informational aspects but also the opinionated aspects of the psychosocial study behind criminal justice and the legal system.

The Great Debate: Save the Innocent or Convict the Guilty?

The controversy over false convictions has been an ongoing process in the field of criminal justice. Both sides struggle to find the balance between bringing people to justice and ensuring the liberty of innocent citizens while still following the laws of the American democracy. This week, I have explored the blogosphere in order to place myself, dare I say it, in the center of the action to see the conflicting thoughts of different groups, organizations and experts on the complex issues regarding false convictions. Centralized in this debate is the cost versus benefit battle between falsely convicting the innocent and letting the guilty go free. This becomes an exceedingly controversial issue due to the fact that it relies heavily upon eyewitness identification, particularly in cases of rape. In the 1972 Supreme Court case, Neil v. Biggers, the United States Supreme Court outlined five steps to determine the validity of eyewitness identifications; "[t]hese include the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation." However, regardless of these safeguards for valid testimonies, misidentifications have littered the criminal justice system, resulting in many false convictions. In a study done by Samuel R. Gross regarding exonerations in the United States, his statistics show that eyewitness misidentification accounted for 88% of the 121 rape exonerations and 50% of the 205 murder exonerations, which are, without a doubt, significant statistics. As a result, this heated debate is sent underway, with the victims countering the innocents in a fight to have each of their liberties heard. More recently, the case of Troy Anthony Davis (as pictured right) has been a significant topic for many, as reflected by Walker Willingham in his blog post Innocence Matters! There, he reflects upon the the controversial case which has left Davis seated on death row, despite his potential innocence. Similarly, The False Rape Society has presented another facet of this complex argument in their blog post, Two fundamental criminal law principles that protect the innocent are nowhere questioned - except when it comes to rape claims. They acknowledge the complexities in regards to the questionable nature of eyewitness confessions and demonstrate the conflicting viewpoints of both sides vying for their rights in convictions for rape cases. In addition to commenting on their respective pages, I have included my post comments below.

"Innocence Matters!"
Comment:
Thank you for your intriguing post on this highly significant issue which, before, was unknown to me. I do feel as though our criminal justice system is formatted under a more punitive model, which focuses more upon putting to justice those who are believed to have committed crimes. However, sometimes this belief of fairness, punishment and retribution clouds the idea of putting the correct person to justice. This case in particular seems to be extremely controversial, as you have stated that although there was "no physical evidence [that] tied him to the murder" and a "credible different suspect for the crime," the overwhelming number of witnesses testifying otherwise leaves the court in a difficult deciding position. Because of this fact, I agree with your questioning on what's the rush? Particularly in cases involving the death penalty, courts are very meticulous in their efforts to ensure their actions are justified before putting a person to death. In this case, especially in regards to the fact that there seems to be large controversy and confusion, it seems bizarre that they would be set upon his execution before re-trialing him. However, although I agree with your ideas, you present the idea that there should be much care taken whether an innocent man was convicted of a crime "which substantial evidence seems to indicate was committed by someone else." To this I ask, not knowing much about the case, whether the evidence, rather than pointing the finger at another individual, simply points the finger possibly away from Davis. Also, our criminal justice system makes a point in putting a great deal of attention to each of their cases. Although we now ask why they are rushing towards a decision in regards to Davis, I find myself also asking how long the Davis case has been an issue for the courts. Seeing as though there are innumerable cases facing the courts and it becomes their civic duty to make a decision in the name of the American public, after years of deliberation, there comes a point where all the evidence has been presented and they are required to make a decision. So, perhaps in this case, the court finds itself at a point where they feel the evidence leans in favor of one course of action over another and they are acting upon such decision.

"Two fundamental criminal law principles that protect the innocent are nowhere questioned - except when it comes to rape claims"
Comment:
I would first like to thank you for this well-written and intriguing post regarding such a controversial issue. All your arguments prove very valid in such circumstances, particularly when you state that "the victim of a rape is not at risk of losing her liberty for decades if her rapist goes free" and that the risk to an innocent man convicted of rape is that his life "is destroyed, and the lives of his loved ones are often destroyed." I agree with your arguments against false convictions in rape cases, seeing as though evidence demonstrates that approximately 36% of all exonerations are in cases of rape, which is hardly a statistic to shrug at. On top of losing years of their lives, these captives undergo much psychological damage not only inside prison, but outside as well, as their reputations, socialization and lifestyles are ruined. Equally intriguing is your presentation of the alternate argument, demonstrating the insensibility of rape claims and the grey area in which a woman might "recharacterize consensual sex as rape." Your claim that the presumption of innocence is crucial to the crime because there is usually no evidence besides a woman's testimony is true in a sense, however, it leaves the criminal justice system at a standstill. What would you propose as a solution to this conundrum in which the innocent should not be accused too soon? Is it justified for large numbers of sexual predators to go free to save the percentage of those who might be falsely accused? Although I would agree that rape cases are subject to much debate and skepticism, they still do occur frequently in society, whether by an acquaintance or a stranger. The advantage to these particular cases is that they still have surviving witnesses, who can make the appropriate identification and bring the criminal to justice. If these women are treated as though their testimonies are the invalid words of women misinterpreting consensual sexual acts, this eliminates the concept of sex crimes and would make society an open door to sexual predators.

False Convictions: Who is to Blame, the System or the People?

Sixteen years into a "15 years-to-life" sentence, Jeff Doskovic was officially acknowledged as innocent for the alleged murder and rape of Andrea Correa. After being incarcerated at the age of sixteen, his protests were ignored for years before they were finally heard by The Innocence Project, whose representatives allowed for him to receive the proper DNA testing. Following his release from prison in November 2006 (pictured left), Doskovic began his awareness promotion programs for those falsely convicted. In a recent article published on AlterNet.org, he identifies "misconduct at every stage of the criminal justice system" and outlines the numerous causes for false convictions, as well as new methods to ensure a stronger system to prevent wrongful imprisonment. Through a combination of deceitful testimonies, forced confessions, and falsified evidence, Doskovic found himself in a lifelong prison sentence, leaving him to blame the system and the people behind it. Thus, he calls for reform within the field so as to prevent the future occurrence of such wrongful convictions. Similarly, many others have argued that the disadvantages of the system have allowed for the large amount of incorrect incarcerations. Through increased contributions in technology and psychology, the criminal justice system has been able to take large strides towards the reduced occurrence of wrongful convictions and correcting the errors of previous trials. Regardless of these advances, wrongful convictions still remain prevalent through sheer human error and lackluster in the performance and impartiality of law enforcement officials.

Particularly in Doskovic's case, one of the key reasons for his unjust incarceration was a direct result of a lack in DNA evidence. Within the past 20 years, DNA has emerged as a means of exonerations, resulting in a sharp increase in the release of wrongfully convicted individuals (as seen to the right). In a study done by Samuel R. Gross, analyzing exoneration statistics from the years 1989 to 2003, of the total 340 cases included in the study, 121 were of rape and these 121 cases, 105 were cleared on the basis of DNA evidence. Additionally, in 2004, President Bush signed the Justice For All Act, which included the Innocence Protection Act; this ensured that all federal inmates were given the right to petition for DNA testing. Even with these safeguards, Doskovic's rights were violated through a persistent denial of any sort of DNA examination and were ignored for an additional two years, although the Act was enacted in 2004. As indicated in the Report on the Conviction of Jeffrey Deskovic, his requests were only heard at the arrival of the new Westchester County DA. In addition to the injustices in denying Deskovic his requests, one of the greatest issues concerning his case involved police apathy regarding scientific evidence found. During the investigation following the rape, the seminal fluid found in the victim's body excluded Deskovic as a perpetrator, however, the Assistant District Attorney was still convinced of his guilt. Regardless of their accuracy and availability, the DNA and scientific evidence was disregarded by those involved in the case. It was only years later that their error was uncovered using the technique which would have spared them a life-altering, false conviction. Had the officials been unbiased and more detailed in their investigations, this young man would not have lost many critical years of his life. Clearly, criminal justice has the means of establishing correct convictions if not for the poor performance of those operating the system.

Beyond scientific tools, the usage of testimonials and interrogation are also resourceful in the eliciting of truthful evidence in such cases. Particularly through the use of polygraph tests and recorded interrogations, psychologists and police officers are able to make correct judgments on the validity of defendants' statements. However, the uses of these devices are often tampered with in the same way that the DNA evidence from Deskovic's case was tossed aside. According the Report given to District Attorney Janet DiFiore, only 35 minutes of the four hour interrogation of Deskovic was recorded; this may have been to the advantage or detriment of Deskovic. The report goes further to identify that "[t]he whole case against him had been built upon a series of his own statements, most of them unrecorded, culminating in an allegedly incriminating statement, which was entirely unrecorded and which was elicited only after a lengthy, confrontational polygraph examination." Despite outlined guidelines from the American Psychological Association which were established to prevent against the unjust treatment, interrogators of Deskovic, among others have been reported to utilize harsh and illegal techniques. In his article, Deskovic states that "scare tactics, threats of violence, food deprivation, being lied to regarding lie detector results and being told that you can go home if you cooperate" have been the cause for many false confessions, including his own. The Innocence Project identifies that confessions from juveniles, such as Deskovic's, are often used and often unreliable because "children can be easy to manipulate and are not always fully aware of their situation." Undoubtedly, the officers interrogating Deskovic utilizes these forceful tactics in order to gain a confession from him, regardless of the validity. In this case, once again, it is illustrated that regardless of the proper tools and structured system, it is through the actions of the participating individuals that define the success and failure of convictions. Their actions, whether appropriate or corrupt, dictate the result of the conviction.

Government misconduct plays a strong hand in many wrongful convictions, with inappropriate actions and poor decision-making producing innumerable errors in incarcerations. There is the common claim that the functions of the criminal justice system are to blame for these discrepancies, however much of the blame lies in the hands of law enforcement officials. Through tactics such as forced confessions, exclusion of evidence, tampering with evidence and illegal interrogations these officials abuse and ignore the advances in the arena of criminal justice. Thus, the pitfalls in the system of trying alleged criminals can be traced back directly to those individuals who fail to fulfill their designated duties honorably. Today's advanced technology allows for more accuracy in identifying and convicting felons, however, without the help the professionals trained to use such tools honorably, the system is no better now than it was years ago. As a result, individuals such as Jeffrey Deskovic given life-altering and unjust convictions and society is left blaming an otherwise functional system.