Land Of The Free

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Running Head: The Land of the Free

The Land of the Free lermaine Archer Mercy College

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The United States has long been referred to as the land of the free. HQwever, there are far too ~any wrongfully imprisoned people in this country for that reference to be true. There are various reasons people are unjustly incarcerated, ranging from faulty identifications to malicious prosecution. More could and should be done ~ to prevent and address these injustices. First, there are too many wrongly incarcerated people in this country for the United States to be referred to as the land of the free. Many convicted felons have served years in prison only to be later exonerated through DNA evidence. Michael Mercer spent 12 years in prison for a rape he did not commit, even though the trial evidence against

him consisted solely of the accuser's inconsistent testimony. He was fortunate to have physical evidence , in his case, and further DNA testing eventually proved him innocent. (O'Shoughnessy, 2003). Mercer's case shows that there are serious flaws in the Criminal Justice System. Yet, he is one of the fortunate few. In the majority of criminal cases, there is no DNA evidence to examine fS most jury verdicTs are based on the testimony of eyewitnesses or victims. In cases such as those, innocent men and women can remain wrongfully incarcerated for years with little or no chance to prove their innocence. Admittedly, there is no such thing as the perfect judicial system. Nevertheless, America represents itself as the land of the free and iSjherefor1eld to a higher standard ofjustice. American justice holds that if there is a reasonable doubt a person committed a crime, that person is to be presumed not guilty. (United States Code Annotated, 2000). The amount of people wrongfully incarcerated in America makes it difficult to accept the notion that a person is innocent until proven guilty.

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Next, I will highlight two of the various reasons people are unjustly incarcerated. The most common reason wrongful incarcerations occur is faulty identification. Fortyyears ago the United States Supreme Court recognized there was a "high incidence of miscarriage ofjustice from mistaken identity." (United States Reports, 1967}'
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later, while in Sing Sing Correctional Facility, Fowler received notification from his lawyer that a federal informant had admitted that he had been falsely accused. Fowler was later released from prison without even an apology (c. Coleman, 2007). A second cause of wrongful imprisonment is malicious prosecution. Joseph Salvati, who served 29 years in prison fbr crimes he did not commit, was a victim of malicious prosecution. Salvati was only exonerated after paperwork surfaced revealing that not only did the government's sole witness at trial falsely accuse him, but that the government knew the accusations were false. A federal judge awarded Salvati 29 million dollars, one million for each year spent in prison. The judge also concluded that "F.B.!. officials up the line allowed their employees to break laws, violate rules and ruin lives" during the "framing of an innocent man." (p. Belluck, 2007)(For every Lawrence Fowler and Joseph Salvati, there are countless others who are innocent yet unable to prove it.

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Lastly, I will move on to what ~tI"e could and should be done in order to prevent and address such injustices. Scott Christianson, a former New York State criminal justice official and investigative reporter, outlined steps that could be taken to reduce and address the amount of wrongful convictions. To begin with, a commission "armed with , subpoena power" to review wrongful

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convictions and "increase public accountability" for such injustices should be appointed. This commission should "establish a reporting system databas5'

would report

whenever a conviction is proven faulty and explain "what went wrong and ... what can be done to prevent a recurrence," similar to airplane crash investigations. In addition to the commission and the database, "Post-conviction standards should be changed to make it easier for an inmate to get a new trial based on newly discovered evidence." Also, "the Court of Claims should annually report [any] actions relative to actions filed under the Unjust Conviction Law." Finally, the state legislature "should reconsider whether prosecutors who engage in gross misconduct should continue to be exempted from civil liberty" actiors. (C. Christianson, 2007). The above steps are surely a step in the right direction. These measures could be expanded to include some form of punishment for individuals found to have testified falsely against innocent people. This rna y seem unduly harsh, but some kind of punishment is necessary in order to deter people from making hasty accusations that result in unjust incarcerations. The penalty could include prosecution under the Civil Rights Law, as a wrongfully incarcerated person is a person that has been wrongfully deprived of his or her civil liberties.

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While a crime victim should certainly be able to find solace within the judicial system, that victim does not have the unfettered right to create more victims. This is precisely what happens when a person is falsely accused of a crime and imprisoned as a result thereof A victim unquestionably deserves justic~ustice does not consist of the imprisonment of innocent people. Whenever this occurs, justice is twice denied. Not only are innocent people wrongfully deprived of their freedom, but also the true perpetrators remain at large leaving society no safer. Therefore, crime victims should be more careful when accusing someone of a crime so that they do not wrongfully accuse an innocent person and so that they do not risk being prosecuted for wrongfully depriving a person of his or her liberty. In conclusion, there are far too many wrongfully incarcerated people in this country for the United States to be truly considered the land of the free. Many people have been exonerated through DNA eVidencepne can only imagine how many innocent people remain incarcerated for crimes that do not involve DNA. There are various reasons wrongful convictions occur, ranging from mistaken identification to malicious prosecution. More could and should be done to prevent and address these injustices, beginning with the appointment of a commission to study wrongful convictions. Prosecutors should be subject to civil and criminal liabilities whenever they are found to have intentionally convicted an innocent person. Finally, I believe witnesses found to have falsely testified against an innocent person resulting in the imprisonment of that person should also be subject to some form of prosecution.

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References Belluck, P: (July 27, 2007). U.S. Must Pay $101.8 Million For Role in False Convictions. New York Times, p. 19.

Christianson, C. (May 15, 2007). Appoint Commission to Study Wrongful convictions. New York Law Journal, p.2.

Coleman, C. (January 29, 2007). Freed in Slay He Didn't Commit. New York Daily News, p.5.

Moensenns, A., et aI. (1967). SCientific Evidence in Civil and Criminal Cases. New York: Columbia.

No Author (2000). United States Code Annotated, Amendment 6. New York: West.

No Author (1967). United States Reports Volume 388. New York: West.

O'Shoughnessy, P. (August 31, 2003). DNA Opens Prison Doors. New York Daily News, p.8.