Issue Of The Week III Fall 2011-2012: DNA Testing Frees Wrongfully Convicted Minorities

Our country has made it okay for people to have different expectations for someone who is white and someone who is black, and these expectations guide our daily life. An African-American who is educated, hard-working, and a completely normal individual just going about their day will still most-likely be seen by someone he/she doesn't know as hostile, uneducated, and a troublemaker for no reason at all. Terms that have developed from this phenomenon, such as "DWB (Driving While Black)" or as this article mentions, the knowledge that blacks are more likely to be jailed for a crime, even though they are such a small percentage of the overall population. People know of this disparity, but nothing is done about it because those that are in a position to do something, choose not to. Even outside the criminal justice system, in areas such as housing or education, we not only see evidence of straight forward racism, but the ever prevalent institutional racism, which makes us fall deeper and deeper into this dark abyss of ignorance.

BlackDemographics.com reports that "Of the total 2.1 million male inmates in Jail or Prison, Black males represent the largest percentage 35.4%, followed by white males 32.9%, and Hispanic males 17.9%."
It is hard to imagine a just society where 70% of the population only accounts for 32.9% of incarcerations, while 13.5% of the population accounts for 35.4% of incarcerations. Although America prides herself on equality of all people, she has a long history of oppression and racism. Our judicial system proves this further. The fact that 70% of exonerated men are minorities reveals some sort of racial profiling occurring during the time of the arrest and trial. It is still true that people of darker skin are negatively portrayed in society.

If crime rates are higher in low socio-economic neighborhoods, and if America's low-income neighborhoods are disproportionately filled with minorities, then it makes sense that our jails are filled with minorities. So perhaps the solution can be found in the neighborhood. If society focused on increasing the health and vitality of our low-income neighborhoods, statistics show that crime rates decrease. And if crime rates decreased in the areas that are predominately minority, than perhaps the justice system would level out in proportion to race.

Race, poverty, and education all play a role in the issue of wrongful convictions that could easily be exonerated by DNA. The justice system as it exists favors those who can afford defense teams or expensive lawyers that have the available time and resources to dedicate to each one of their clients. Most people of color do not have the money to afford the legal fees that are associated with a good defense and as a result they end up being represented by lawyers who may have many other cases to try and not as many resources available as a privately funded attorney. This places many people of color ata a disadvantage because they may be relying solely on the recommendation of their lawyers. The lack of knowledge that people of color may have of the education system also contributes to their convictions as they rely on the advice of their attorneys or they go against their lawyers advice not understanding the consequences. These factors, along with other stereotypes and prejudices held by society, lead to the continued wrongful conviction of people of color to this day. This issue could be addressed by creating an equal system for all where representation for all people who enter the process has the same resources available to them.

To hear about people spending time in jail after being wrongfully convicted is truly heartbreaking. So much of these people’s lives have been spent being punished for something they did not do. Their lives are taken from them, for something that they never did.
There are so many horror stories about the things that happen to people in jail that the idea of an innocent person being put through that is truly sickening. Not only that, but there have been people who have been put on death row that have been later exonerated. Innocent people could have been put to death. That knowledge gives me chills. I live in Texas, we lead the nation in the number of people we put to death, and the number of people who are wrongly convicted is also high ranking. Isn’t that a terrifying thought? We convict them and then we kill them, but they could be innocent.
Another worrisome thought is that eyewitness testimony is notoriously unreliable. It is so easy for a person to misidentify the perpetrator, especially if they are of a different race. Yet still, we rely on eyewitness testimony, and use it to convict. We’re taking away years of people’s lives, based on something that is not always reliable.

I think it's ironic how when faced between a white man and black man, the black is almost ALWAYS associated as the perpetrator of violence and crime. The reality is that the majority of criminals convicted for high crimes are whites, but there seems to be this a deep-rooted fear and suspicion of blacks and minorities in not only today's society but in previous societies and generations before us. Racial profiling is always a heated debate, but what if we were to live in a world where race and color were not a factor in one's labels or stereotypes and no one saw a person as a white man or black man but simply just as a 'man'. I have read studies and research in the past arguing for a colorblind society, where the social construction of race and color will be fully removed from one's thinking. But it seems too utopian for this to ever come true in the world and age we currently live in.

The idea that minority groups are discriminated against more than non-minority groups in our legal system is truly heartbreaking, but it does exist.I'm not sure how this could be changed because the preconceived notions about race are so strongly presented in all areas of today's world. I guess the only way to reduce these injustices in our world is to better educate the youth of today, and teach them the true meaning of right and wrong. People need to realize that we are human beings, and that we all deserve respect.

As unfortunate as it is I can think of numerous examples where race plays a role with crime. For example, if a white female is pulled over by a cop, she can cry and usually get out of a ticket. However if it is an African American male, they could get their car searched, for no reason. It is ridiculous how in our generation this type of stuff still goes on. I couldn’t even imagine going to jail for a crime that I didn’t commit. The men in the video didn’t have any options, and they didn’t even commit the crime. I can’t believe this still goes on.

The ending to the video (linked in the article) says “Race in the U.S, how far we have come, how far we have to go”. This really makes me realize the war against discrimination is truly an ongoing battle. I was shocked when the images of people who were wrongly accused just kept coming and I was hurt that they all seemed to be in cases where the person on trial was a minority. I think this kind of discrimination is all around us creeping up very quietly in the shadows of our minds and the corners of society. These people have wrongfully lost many years of their lives and countless memories that would have been made with their families for something they did not do, crimes they did not commit. Is the court room the place our hidden prejudice become discrimination? I had thought we were over things like this but it is apparent we still need to fight against discrimination. Admitting that this is still a problem and recognizing it needs to stop, may be the key to fighting for the wrongfully accused.

Speaking in terms of discrimination and can think of no more stereotypical example of discrimination than that of blaming a minority for a crime they did not commit. Being a criminal justice major, I think that this is one of the biggest flaws in our criminal justice system. In my courses we have studied repeatedly, case after case, people who were not given justice because of discrimination. One instance that stands out in particular was the Texas Tech rapist. He was a white man, but a young black student at the university was wrongfully convicted for a crime he didn't commit. Long story short, the wrongfully convicted young man died in a prison cell from an asthma attack (because he could not receive adequate medical attention) a long time after he had been convicted. There is no point to justice, if our justice system harbors discrimination. It just goes to show that issues of race are still alive and well today and we must fight with vigilance for equality in all things.

Once again race is major issues in our society. But this man must feel a great amount of relief to demonstrate to the world that is was innocent and wrongly charge. Now we must admit the black society is discriminated against the white society. This is the reality of the major issue.

This video was very upsetting to watch. While we have all heard about wrongfully convicted stories, this video put into a harsh reality. It is difficult to grasp that the color of skin can land an innocent person in jail and not the main evidence of a trial. This is extremely frustrating since the guilty do not end up in jail and continue to terrorize the community. From my own experience, our neighbor across the street who was a white male in his late 50s had attempted to kidnap my sister from our home while we were asleep. While my sister did not see his face, his voice and actions were just as his. Later on in the investigation his values were tested and without blatantly stating his guilt, he plead no contest. This man is still out there and everyday I have fear for my safety and my family's. I do not hate this man because of his skin color but for what he did. I even feel like he was granted more rights because of his skin color. Minorities should not be discriminated against based upon ethnicity or skin color, because then there is a chance that the true criminal is living among us.

This video is not shocking at all. This issues has been going strong since forever and will continue to show its tail till the end. I live in the "Deep South" and go to majority white university, which 90% of the people that found out that I go to this institute, can't believe that I haven't either failed out or left due to racial events that have happen in pass years. The African American race as well as other races will always be oppressed it seem. African Americans people are still pulled over for being black. Overlooked for job even though the have the best criteria in compared to their white counterpart. I unforgettably experienced racism and it does not feel well at all but keep this in mind it is not meant for anyone to feel sorry for me but open your eyes and mouth to speak against racism and injustice anywhere you may be in the world.

Yes, minorities and people of color have been wrongfully convicted for many years and yes they are still being wrongfully convicted today. I don't think you have to even look at the justice system to see that minorities are being wrongfully convicted still. Mainly, because of the fact that discrimination and racism are still prevalent today. I honestly do not think things will change until we can acknowledge the fact that there is a lot of racism still in the United States today. Although, one way to try to overcome this injustice is to work with policy issues and try to work in a macro level to start changing policies and the United States' Justice System.

The video wasn't really shocking to me because we see this type of discrimination in our justice system on a daily basis, what kind of shocked me was how long it took to free the wrongly convicted individuals. Some had to remain in prison for 30 years before the justice system received proof that they were innocent. What happened to, "innocent until proven guilty"? Our justice system most likely convicted these individuals based on verbal accusations rather than searching for more evidence such as DNA testing, revengeful tactics of the one making the accusations, etc. I feel like our society has progressed over the years, but how much longer will discriminating really go on for? How come it seems so easy to let it go and not discriminate, yet it's still held onto? I cannot imagine the pain and suffering that it caused these individuals and their families, of being wrongly convicted and wasting so many years in a prison cell. Those are years they will never be able to get back. There is no restitution that can be made to them. This racial injustice needs to be explored and made aware in our justice system. It does often feel like our system is being used for oppression rather than protecting society. Why is it that all the "safe guards" in our society (courts, laws, enforcement) usually appear to be the most harmful? Equally has to be shown and everyone needs to be treated with respect regardless of status.

In the United States today, there are many prisoners in the system that are wrongly accused and serving time for no reason. There are many reason as to why this happens. Our judicial system has exonerated over 70% of minorities in the last recent years. Just months ago Troy Davis a black man was wrongfully accused of committing a murder that he did not do. He was executed for his accused actions. The prosecution could provide no murder weapon and there were witnesses that recanted their testimonies. This is an example of how the minority gets the short end of the stick when it come to a fair trial. Just ask yourself this question: How can Casey Anthony get away with murder when there was all the evidence in the world for her to be convicted but Troy Davis get the death penalty and executed with no evidence provided at all.

It is awful to know that with all the forensic evidence and scientific measures we have today that there are still people that are wrongly convicted for a crime. I actually took a course on wrongful convictions in the Summer and it completely changed my perspective on the death penalty. The most significant case that I can think of is of Ronald Cotton. He was a black male wrongly convicted of assaulting a white woman. Although the woman was convinced that Cotton was her attacker it was later discovered through DNA evidence that he was not the one who had committed the crime. Cotton had spent over 15 years in prison before his release. The woman who had sent him to prison felt incredibly guilty, but knew that she could never give him his years of life back.

How many wrongly convicted cases go unnoticed and those inmates are kept away or put to death? I know that when a person is attacked by someone of another race that they have trouble identifying their attacker. Therefore, I believe that because other races cannot easily discriminate between different features of another race, this leads to wrongful convictions. All I can see from this video is that the numbers are too significant to be ignored.

It is not only awful to know that so many minorities are wrongfully convicted, but it is awful to know that people, in general, are wrongfully convicted and spend years in jail. A major problem is the police force that handles these arrests. It is a lot easier, and less time consuming, to arrest a minority who lives on the street than it is a white person who is prominent in society. Police have an incentive to arrest underpriviledged individuals, and this needs to be fixed somehow.

Although it is wrong. People are being imprisoned for crimes they haven’t committed. In the United States we say that people are "innocent until proven guilty" if this is true then why are we convicting people whom are not guilty. Of those accused most tend to be African American males. We may have come a long way on racial issues but we do still have a long ways to go. Most of the "supposed crime" by these alleged black males is charged by white women. The facts are heartbreaking. Texas leads the nation in the number of innocent people incarcerated. Photo array and lineups are extremely unreliable but we still practice these methods of identification regularly. Discrimination is now and more than likely will always be an issues. Having said that I believe it is an issue that needs to be prayed over and an issue we as a country should strive to over come.

Wrongful conviction is an unfortunate part that comes with our legal system. Laws, both state and federal, can not be written to govern the individual and are instead written to govern the entire populations. Contrast this with the fact that no two people and no two cases will ever be the same and you can see where there is an inherent problem. In order for every conviction to be perfect, the system would have to be set up as one that is fluid and able to change with each case that is brought before a jury. This is obviously not a possibility. If you couple that fact with a legal system that is notoriously stacked against minorities the issue of wrongful convictions becomes, for lack of a better term, a huge problem. To answer the question of whether or not people of color have been wrongfully convicted in a systematic manner, yes. In order to correct this, courts and those who prosecute and defend, have to be vigilante in an unceasing manner. The law is the law and the way it is carried out is going to remain unchanged. The only outlet for righting these wrongs, lays in the hands of judges and lawyers alike. It can not be a matter of convenience or extenuating circumstances, it must be a matter of striving for the correct conviction every single time one steps in to a court room. For the wrongful convictions that will inevitably slip through the cracks, careful attention must be paid to quickly and fairly correct them. More and More people are being exonerated because of DNA testing and while that is good. It isn't enough. the common theme with these articles is that it is going to take a concerted effort of the willing to create change and this situation is no different. If the system is unchanging then it is on us to be the change that corrects the system.

While I was reading this topic and response, I was nodding my head in agreement the entire time. It is very well known that African Americans get a negative connotation, especially males. It is unfortune that society has depicted these individuals in a negative light, and that because dark is associated with wrong doing, these people are associated with harm and evil. It is not as if law enforcement is that much of an assistance to this stereotype, either. As they constantly scapegoat the African American male for any criminal activity that may be occuring.
I think that in order for this to change in public opinion on a national level, that we need to start with changing the mindset of the younger generations. As a white female growing up, I was conditioned to believe that dark was scary and bad, as if that also had to do something with skin color. It has been typical because of my upbringing to be in a sense desensitized to the fact that African American males are always being convicted of a crime, whether they did it or not. It is a sad reality that is still happening today, but I am hopeful that with newer generations comes a new way of thinking, and hopefully teaching our children that this is not the case; that a person is a person and the color of their skin does not predispose them to be some sort of menace.

I have studied many cases of men being wrongfully convicted in Texas. Our Justice system will never be perfect. All of these men were just in the wrong place at the wrong time. Timothy Cole, a student at Texas Tech was convicted of rape in 1985. He went to person and died in prison before the man who really rape the girl confessed to the crime. The only reason Timothy Cole was convicted was because the police department only showed her one picture and she pointed him out because the only thing she remember was he was black. With DNA testing no more man who have been convicted of crimes are being released. The years lost will never be replace.

Unfortunately, our legal system is not perfect. In fact, I would argue that there are many things that are wrong with our legal system. I think that there is no arguing that people of color were wrongly accused before the civil rights movement in the 60s. Free or in-slaved, those of color have been framed and wrongly accused in order to save white men and women's reputations and lives. Today, however, many would argue that these prejudice do not exist. I believe that that is a false statement. Even today, we tend to stereotype different races. Part of that is because we are human. Are minds are constantly organizing and classifying everything around us. Take for instance movies or books. Without thinking, we can easily classify different movies in books into horror, romance or comedy. This is because its natural for us to want to classify things and people. However, what is not natural are the stereotypes we put on these classifications. Unfortunately still, people still see certain types of people as more dangerous than others. I believe that as technology progresses, we will begin to see the number of wrongful convictions continuing to rise unless we erase these stereotypes.

The minority are wrongfully accused everyday, if it was not for the DNA testing these few individuals would still be in jail in an imperfect system that i think does systematically wrongfully accuse minorities. In my Criminal Justice class the numbers are staggering for Texas which leads the states in exoneration's and Death Penalty's. Wrongful convictions still occurs today and the Justice system should spend more time in being Just instead of being cheap. To help some of these innocent individuals I believe the people have to enforce their natural rights instead of going about there business since its not their problem.

We live in a current system that is not perfect,nor could ever be perfect. The best the system can do is hopefully judge what is right from wrong. Luckily, we are now able to furhter advance our judgements of right and wrong with dna testing among other testings. However, the system still is flawed and we see still see wrong judgements occurring today. These are peoples lives and regardless of what color they are and neighborhood they grew up in, equality still must be put into use in making these judgements to sentence them or let them be free. Unfortunately, we preach that everyone has a fair shot at life and everyone abides by the same rules and regulations regarding criminal activity is false. Some can get away, while others can not.Unfortunately, the ones that are wrongfully prosecuted because of race and color suffer. We as humans must be able to judge whats right from wrong and hopefully further advancements in testing will help in the future to prosecute the "right" criminals from the wrong ones.