Wrongful Conviction

It refers to a conviction of a person accused of a crime in which the result of investigation proves to be erroneous. The people who are innocent but who have been wrongly convicted by the court of law. The people convicted are not able to subsidize expensive forensic and investigation into the wrongful conviction.

Some common causes of wrongful convictions:

Eyewitness Misidentification

It is the  greatest cause of wrongful conviction. The humans are not like tape recorder; They never record events as they see them. witness memory is like evidence at a crime scene. It must be preserved carefully and saved otherwise it can be depraved.

Junk Science

The forensic test methods have always been applied with scientific importance and reliability. The forensic experts testify cases which  are without scientific approach . In many cases forensic experts are misconduct.

False Confessions

It refers to cases where innocent defendants make incriminating statements and feels guilty. At the time of Interrogation process confessing will be more important than  continue to be innocent.

Government Misconduct

It refers to cases where government officials ensure protection that a defendant is convicted despite  having weak evidence or any proof of innocence.

Snitches

The people with incentives to test the incentives that are not disclosed to the jury are the central evidence for convicting an innocent person. There are people who are wrongfully convicted in which snitches are paid to testify.

Bad lawyering

There are overworked lawyers who fail to investigate, call witnesses  and given rise to the conviction of innocent people.

Victim of Wrongful Conviction

When the wrongful conviction occurs , victims experience financial and emotional consequences. Victims of violent crime experience physical injury that include broken bones and wounds on body which leads to give rise in heath problems. They feel fatigue, sleep disorders and other restrictions on their activities. They also experience long- term financial consequences. One of the greatest costs come from Medical treatment (e.g.. doctor appointments and medication) They experience a financial impact as they unable to work as a result of injury or need job retraining. These crimes give people fear, panic and distrust of others to mental disorders. Victims feel emotional distress and believe that talking will not help them.

Types of Crime in Wrongful Conviction

• Murder
• Rape
• Other Sexual Offenses
• Robbery
• Kidnapping/abduction
• Attempted Murder/assault

Exoneration Process

The process in which wrongfully convicted people are exonerated in various cases . The process involves various hearings . They are exonerated within hours of DNA test results excluding them as offender. Victim’s participation also varies, their participation has some limit. In other cases, they attended hearings and other events.

Participation in Investigation

The victims participated in investigation and prosecution. Those who don’t have family  members were murdered reported at the time of investigation, being present at the trial and in other cases such as rape, sexual assault many victims interviewed and also provided eyewitness identification.

Criminal Justice System

The protection of people in Criminal Justice System and order are important in a civilized society. It is important for the state  effective criminal Justice System is maintained properly. If a person is wrongfully convicted then state is considered to be fail in it’s responsibility.

Cases

On Adam Bhai Case

This case deals with horrifying instances of abuses where physical torture and emotional torture was used against the accused family, if they refused to accept the charges. The court said that prosecution has flaws and there was non- application of mind of home minister. It involves torture and their trial was held in camera.

Khehar Singh  Case

In this case court held that there was no evidence and they have handed the accused . It was made a mistake and MR hanif arrested.

Hawala Case

In this case the court named the PO for torture and falsification of evidence. The court held that “ we intend to express our anguish about the incompetence with which the investigating agencies conducted the investigation of the case of such a grievous nature, involving the integrity and security of the nation”. After 70 years of independent nation , the criminal Justice System failed to stop taking actions in wrongful conviction such as illegal detention by the police, torture and malicious methods of investigation, harassment of family members and continuing surveillance even after exoneration. This case has analysis the problems of people  whose wrongful conviction turned to exoneration.

Legal Remedies for Wrongful Prosecution

Amendments recommended to the Code of Criminal Procedure, 1973 (CrPC), to give compensation in case of miscarriage of justice which results in wrongful prosecutions of people. Miscarriage of justice which means wrongful prosecution.

The cause of action for the claimant to file compensation claim would be depend on the case which is wrongfully prosecuted. It involves malicious prosecution and prosecution without good faith.

Claim for compensation is for harm caused to body mind, property or reputation due to wrongful prosecution.

Claims related to wrongful compensation are  settled in special courts in each districts.

Provision for payment of interim compensation be included in law for cases where claimant require immediate assistance.

Statutory Framework for providing compensation to wrongfully prosecuted

Article 14 (6) of the International Covenant on civil and political rights make countries reliable to have a Statutory Framework for providing compensation and rehabilitation people who are wrongfully prosecuted by the state. The state who guarantee citizens the freedom of life and liberty  can return neither if they have been wrongfully taken away.

State should not take away what it can never give. The framework made for computing compensation and monetary value in wrongful prosecution.

Recommendations in cases of wrongful conviction

Guiding policies to train and assist service providers in helping victims.

Offering sensitivity and compassion to victims in wrongful conviction.

Accessing information and resources regarding the exoneration process.

Providing help to victims with Criminal Justice stakeholders and DNA experts.

Providing access to short and long term counseling and support.

Compensation with include pecuniary and non pecuniary assistance while pecuniary assistance is all about monetary award as it may be determined by special court and non- pecuniary assistance will be awarded in the form of services such as counseling, employment skills development and mental health services. Non- Pecuniary assistance includes a specific provision for removing disqualification attached to a conviction.

Conclusion

There is a basic need for a mechanism in judicial system that would take effective steps in wrongful convictions. The prosecution which proven to be irresponsible with their duties. They should be liable for taking decisions that ruin the lives of innocent people. There is a need for implementing laws properly and judges ensure that biases of one kind or another does not play any role in judicial declaration.