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Paper Abstract: Problem of the penal system. High number of African American males falsely imprisoned. Issues of mistaken identity, prosecutorial misconduct, suppression of evidence. Advocacy groups that provide assistance to people wrongfully imprisoned. Use of DNA evidence. Cites cases of men convicted and imprisoned for crimes they did not commit. Paper Introduction: False Imprisonment, Black Males, and New York Introduction False imprisonment is defined as “the unlawful restraint or detention of one person by another” or “any use or threat of force that makes someone stay where he does not want to stay or go where he does not want to go" (Poor, 1977, p. 782). False imprisonment may occur in many situations, but the term is generally used to refer to the incarceration of an individual in a local, state, or federal penal institution following conviction for a crime (Scheck, Neufeld, & Dwyer, 2000). The problem of false imprisonment is not new. According to Barry Scheck, Peter Neufeld, and Jim Dwyer (2000), a substantial number of inmates serving or having served time in American prisons have been falsely incarcerated. Some inmates have been executed and Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. However, as Scheck, et al (2 ) note, Coakley's life wasvirtually destroyed by his time in prison. Time, 154(11), 26+.Felten, E. Subsequently, another man confessed to the crime, leading toBraunskill's release in 1997. Kuby (2 2), acting on behalf of his clients, filed a $6 millionwrongful conviction lawsuit against the Empire State in the New York Courtof Claims in Albany. (2 2). man convicted in error..., 2 1). Browne (2 ) reported on the case of Alton Fitzgerald White, anAfrican-American Broadway performer living in New York City, who wasarrested, searched, and handcuffed by police when leaving his Harlem homewith three friends. The problem is particularly acute in terms of African-American males. Cohen (1999) reportedon a Buffalo, New York case in which the District Attorney refused torelease a man named Vincent Jenkins (who served 17 years in prison forrape) even after DNA testing showed that semen recovered from the victimcame from two men, neither of whom was Jenkins. Extending the statutes to permit post-conviction DNA testing - as has beendone in both Illinois and New York - is offered as an excellent strategyfor resolving dubious convictions. If the case is deemed worthy, membersof the organization obtain access to biological evidence. The New York Times, March 11, A21.Kuby, R.L. Minority defendants, says Felten(1993), often have white lawyers appointed as their representatives,exacerbating mistrust and impeding a fair trial. Prosecutors are typically likely toseek harsh punishment for a defendant who has refused a deal. In New York aswell as Illinois, there are now laws mandating post-conviction DNA testing. As Cohen (1999)suggests, groups such as the Innocence Project are becoming more and moreimportant in assisting the criminal justice and judicial system inrectifying mistakes.Outlook for the Future Groups such as the Innocence Project, says Cohen (1999), are playingan important (even vital) role in helping the falsely imprisoned inmatereceive a new trial or hearing. Prosecutorial misconduct is another major factor leading to falseimprisonment. (1977). To avoid false imprisonment, a number of new scientific procedures,including DNA testing, have been admitted as evidence in court. Martinez (1995) states that among these advocacy groups are Free theInnocent Imprisoned, the Association in Defense of the Wrongly Committed,and the Innocence Project. Though he was exonerated andreleased, awarded $46 , for wrongful imprisonment, and moved from NewYork to his South Carolina home, Coakley was later arrested and convictedof breaking into a home. DNA is an increasingly importantforensic tool that debunks what Scheck, et al (2 ) character is "spuriousscience." Better than eyewitness testimony, which is subject to bias andsubjectivity, such evidence can establish guilt far more effectively thanother forensic technologies. USA Today Magazine, 123(26 ), 43-44.NY man convicted in error gets $1 million. Newsday. Both Tryson and Duval are free, their convictions having been overturnedwhen the teen-agers statement was discovered (Finally free, 1999). Unlocking the cells. Whilecostly, such testing is ultimately less costly in human terms than falseimprisonment and even less costly in monetary terms than the multi-milliondollar settlements that are being granted to the falsely imprisoned. Her sentence was 25 years to life - a sentence thatwas based on a coerced confession and the testimony (later recanted) ofeyewitnesses. According to BarryScheck, Peter Neufeld, and Jim Dwyer (2 ), a substantial number ofinmates serving or having served time in American prisons have been falselyincarcerated. A group known as Civilrights.org (2 2) reported that the percentage ofprisoners in the United States who are Black is four times that of thepercentage of Blacks in the United State - 49 percent versus 12 percent.Almost one in three Black males aged 2 -29 is under some form of criminalsupervision on any given day. 782). Crime and punishment: Disorder in the Court. At the same time, however, underpressure to cop a plea, many innocent people (especially those with priorcriminal records who would otherwise face stiff sentences if convicted attrial) opt for reduced punishment. The state owes these men 14 years of innocence. The most common criticism leveled against plea bargains, saysFelten (1993), is that guilt people receive sentences that aredisproportionate to their crimes. Thus, thevast majority of criminal cases never reach trial - they are "pled out"before trial, avoiding the expense of a trial by encouraging guilty pleasin return for lighter punishment. Currently, Wahad is suingNew York City and NYPD for malicious prosecution and false imprisonment inan attempt to recover damages for 19 years spent in prison for a crime hedid not commit (Feuer, 2 ). These factors range from mistaken identification (52cases) to serology inclusion (32 cases), police misconduct (31 cases),prosecutorial misconduct (26 cases), defective or fraudulent science (21cases), microscopic hair comparisons (18 cases) bad lawyering (17), falsewitness testimony (15 cases), use of informants (15 cases), falseconfessions (15 cases), other inappropriate forensic inclusions (5 cases)and DNA inclusions (1 case). The Legal Aid Society of New York- which handles a substantial number of criminal cases for poor andminority group defendants - has challenged the idea that defendants cantrust the lawyers that represent them to provide them with appropriateadvice or representation. As long as the jury systemexists, it remains possible that the guilty will be freed and the innocentimprisoned. New waysof determining the viability of eyewitness testimony, sorting false fromtrue confessions, overcoming forensic fraud, and eliminating reliance onjailhouse snitches and informants are among these strategies. Police are alleged to have suppressed exculpatoryevidence that would have cleared Lamont - or at least indicated that he maynot have been the guilty party. Funded primarily by the law school and several private foundations,the Innocence Project employs students and staff to screen requests forhelp from incarcerated individuals. According to Browne (2 ), attorneys for White claim that whathappened to this innocent man is typical of the NYPD's characteristicpractice of unconstitutionally arresting and detaining thousands of African-Americans each year. Felten (1993) noted that in most cases,prosecutors and public defenders cooperate to obtain a plea that will saveboth actors in the putatively adversarial justice system from the time,expense and effort involved in a trial. Hynes admitted the men were completelyinnocent and that the real killer, Ariet Cheston, had been apprehended.Ron Kuby (2 2), the attorney representing Faison and Shepherd, said thatthe major break in the case as a result of detective work by Michael Race,a former police detective sergeant. In her suit against the city of Rochester, New York, Tryson statedthat her "confession" was "beaten out of her" by police (Former NY prisoninmate..., 1998, p. New York Amsterdam News, 91(4), 33.Browne, J. (1999). More troubling is the fact that innocent Americans are routinelybeing sent to prison for terms that can be extremely lengthy whenimprisonment and conviction are both wrong (Martinez, 1995). Further,Scheck, Neufeld, and Dwyer (2 ) include inadequate defense and overlyaggressive prosecution and poor police investigation as instrumental infostering excessively high rates of wrongful imprisonment. Braunskill was convicted of drug dealing and sentenced toprison. DNA evidence, whichrepresents a major step forward in determining guilt or innocence, is atthe heart of calls for national reform in the criminal justice system(Cohen, 1999). You and the Law. In other jurisdictions, it is up to the prosecutor to determine whethersuch testing can be employed (Cohen, 1999). In 2 1, he was awarded a settlement of $1 million from theState of New York (N.Y. NYCLU sues NYPD on behalf of 'Ragtime' star. This is not to suggest that the jury system should be abandoned.Scheck, et al (2 ) believe that better instructions to the jury, morecareful jury selection by defense and prosecuting lawyers, and screening ofjury members for bias can help to eliminate such mistakes. (2 ). When securing evidence, questioning witnesses, or obtainingconfessions, police suppressed exculpatory evidence in 36 percent of thesecases. Putting the innocent behind bars. The problem of false imprisonment is not new. Kuby (2 2) successfullychallenged the convictions of Faison and Shepherd for the 1987 murder of alivery cab driver in New York City and later brought suit under a 1984 lawto gain compensation for the two falsely imprisoned men. Tryson, a former prostitute, spent half of herlife behind bars and was at the time of her release New York's longest-serving female inmate. New York Amsterdam News, 92(3 ), 5.Civilrights.org. He is now serving 2 years in prison for a crimethat he did commit. Scheck,et al (2 ) recognize that a disproportionate number of crimes in theUnited States are, in fact, legitimately committed by members of thisminority group; however, Blacks also are overly dependent upon publicdefenders for legal assistance, less able to access sophisticated DNA andother scientific testing that may prove them innocent, and more likely toreceive harsh, lengthy and extreme sentences than Whites charged with orconvicted of similar crimes. False imprisonment may occur in many situations, butthe term is generally used to refer to the incarceration of an individualin a local, state, or federal penal institution following conviction for acrime (Scheck, Neufeld, & Dwyer, 2 ). Innocence Project was established by Scheck and Neufeld in 1991 as aclinic for students at Yeshiva University's Cardozo School of Law (Cohen,1999). (2 2). V. About 6 percent of the DNA samples that the Innocence Project sendsout for testing come back in their client's favor. Wahad was convicted in 1971 of the machine gunkilling of NYPD officers Thomas Curry and Nicholas Binetti. The New York Times, December 4, B5.Finally free. The 1984 law,known as the Unjust Conviction and Imprisonment Act, does not require proofthat police or prosecutors engage in misconduct that led directly to theconviction (Browne, 2 2). H. Innocent after proven guilty. At the same time, it is important to note thatjuries (which have the final say in determining guilt or innocence attrial) have been known to ignore such evidence. Truth and justice. More states should adopt the statues of New York andIllinois, which allow for DNA testing after conviction when a reasonablecase can be made that such testing will exonerate a defendant. In the rush to obtain convictionsand to satisfy victims and the public, these public servants may at timesbehave inappropriately. Jet, 95(23), 34.Former NY prison inmate wins $1.25 million settlement for wrongful murder conviction. Actual Innocence. Bailey (2 ) made a strong case for enhancing the use of DNA testingas one strategy for reducing the number of persons wrongfully incarcerated. 24). According to Kuby (2 2), Race came tobelieve in the innocence of Faison and Shepherd after receiving one of6 , letters Faison wrote protesting his innocence. (2 1). Each of these groups bring together attorneys,civil rights advocates, and other professionals, including members of thescientific community who work together to ensure that an individualsuspected of being wrongly imprisoned receives a new trial or hearing andthat all possible forms of evidence (including DNA) are admitted into thecourts. Determining the exact number of individuals who are falselyimprisoned at the present time is virtually impossible. John Duval spent 26 years in prison for the murder of a New Yorkbusinessman. Eyewitness testimony provided to police by a teen-ageaccuser, in which the youth stated he never saw Duval and co-defendantBetty Tryson with the victim was withheld from the defense team (Finallyfree, 1999). Since then, Braunskill has been in and outof court, seeking compensation for damages suffered as a result of hisimprisonment. Scheck, Neufeld,and Dwyer (2 ) contend that somewhere between 5 and 2 percent ofindividuals who are in prison for crimes in which DNA evidence could havebeen but was not used, may well be falsely imprisoned. These cases, though few in number, represent what Scheck, et al(2 ) would call the mere "tip of the iceberg" with respect to falseimprisonment. Some inmates have been executed and years later, evidencehas been uncovered that an innocent person was executed. This case supports the assertion by Scheck, et al (2 ) that policeoften force arrestees (particularly those from minority groups withprevious arrest records) to confess to crimes they have not committed.Further, as Scheck, et al (2 ) have also commented, there is a long-standing practice on the part of many prosecutors of simply withholdingexculpatory evidence from defense lawyers in certain types of cases.Often, such cases involve crimes putatively committed by African-Americansand other minorities in which victims are either police officers or whites. White wasdetained at the local police station, subjected to a strip search, andinterrogated - without probable cause, according to the New York CivilLiberties Union, which has filed suit against the New York policeDepartment (NYPD) for false imprisonment. Though released and acquitted of any wrongdoing, Faison and Shepherdlost over 13 years of life with their families while spending this sameperiod of time coping with prison conditions. Insight on the News, 9(7), 14-17.Feuer, A. (2 1). Weeding out this subtle form ofinstitutionalized racism is a major priority for the American justicesystem.Generalizations of Causes and Concerns Scheck, et al (2 ) list the factors leading to wrongful convictionsin 62 U.S. Z. Defiant ex-Black Panther sues defiant New York police. In their well-documented discussion of such cases, Scheck, et al(2 ) reference the case of Marion Coakley, a mildly retarded manwrongfully convicted of rape. Reason, 31(8), 5 .Browne, J. Jet, 1 (25), 39-41.Poor. Jet, 95(4), 24.Herbert, B. Recently,Lorenzo Branch, Lamont's brother, admitted that it was he and not Lamontwho killed Josephs. It isestimated that between 5 and 1 percent of all people sentenced to prisonin the United States are in fact innocent - a problem that has led to theformation of a number of advocacy groups focused on providing assistance tothose who are wrongfully imprisoned. Available at www.civilrights.org/publicatoins /cj/consequences.html.Cohen, A. Police themselves are under heightened scrutiny with respect to theirinvestigation and interrogation tactics, both of which are directlyassociated with suppression of evidence and coercion of confessions orwitness testimony (Scheck, et al, 2 ). Thus, whenstates take a proactive stance on assisting an inmate capable of mounting areasonable case that he or she has been falsely imprisoned, what emerges isthe recognition that a number of causes are at work in creating thisinjustice in the first place. Though Jenkins wasultimately released and became the 65th inmate to have a convictionoverturned after an examination of DNA evidence, his is one of a relativelysmall handful of successful cases against false imprisonment (Cohen, 1999). It is important that lawyers jointogether, doing pro bono work as needed, to ensure that the most vulnerabledefendants receive the help that they are entitled to under the law in theUnited States. (2 ). Other cases also are indicative of a pattern of false imprisonmentthat had negatively impacted upon African-American males in the New Yorkregion. The problem is particularly acute where the accused is a member of aracial or ethnic minority group. Though still pending, if the suit is heard and asettlement is offered that approaches the $6 million mark, Kuby (2 2)claims it will send an important message to the criminal justice system inNew York that prosecutors and police must exercise greater care inpreparing cases for trial. DNA testing revealed that Coakley could not have beenthe rapist. Available at http://pqasb.pqarchi ver.com/newsday.Martinez, A. The convictions of both men were overturned inMay 2 2 and the charges against them were dismissed after BrooklynDistrict Attorney Charles H. Defense lawyers havemoved to force the courts and the prosecutors' offices to de-emphasize pleabargaining and agree to use of DNA and other scientific tests that can beinstrumental in establishing guilt and innocence. The states with the most DNA exonerations -Illinois (14) and New York (7) - are the only states that now have lawsauthorizing post-conviction DNA testing for inmates. cases in which a verdict was overturned after an individual hadspent time - often a great deal of time - in prison for a crime he or shedid not commit. While White was summarily released after a relativelybrief period of detention, the arrest and detention are seen by many asindicative of a much larger and more heinous pattern of false arrest andimprisonment of minorities in New York City and State. Both states allowsuch testing at any times after conviction if there is a reasonableprobability that the test could exonerate the inmate, and the states alsopay for DNA testing if the inmate cannot afford to do so. Police were searching for a black suspect. Pleasantville, NY: The Readers Digest Association.Scheck, B., Neufeld, P., & Dwyer, J. (2 ). The convictionwas reversed in 199 when new and formerly hidden evidence indicated thatWahad was the victim of a government conspiracy. In a survey of cases in which an incarcerated individual wassubsequently exonerated and found to have been not guilty of the crime forwhich he or she has been sentenced, Scheck, Neufeld and Dwyer (2 )maintain that the suppression of exculpatory evidence was present in 43percent of the cases while prosecutors knowingly used false testimony in 22percent of these cases. In another 33 percent of all cases in which a convicted person waslater found to have been falsely imprisoned, allegations of unduesuggestiveness on the part of police in pretrial identification procedureswas uncovered (Scheck, Neufeld, & Dwyer, 2 ). Such behavior serves no one and damages thecredibility of the justice system (Scheck, et al, 2 ). (Ed.). The next section of this report will present several casesin which DNA evidence or other evidence has resulted in the release ofindividuals who have been falsely imprisoned.Cases Two African-American men, Anthony Faison and Charles Shepherd (ages35 and 38, respectively), each spent 13 years in jail for murders they didnot commit (Kuby, 2 2). It is also important, according to Felten (1993), to recognize thatthe very nature of the American criminal justice system often leads tofalse imprisonment. (1998). Z. It is important to recognize that when the criminal justicesystem is examined, it is very possible that institutional racism directedagainst minorities such as African-Americans is tacitly at work. Police and prosecutors deliberately - if would appear-withheld what would have been exculpatory evidence creating reasonabledoubt in the minds of the jury that Duval and Tryson were the perpetrators. Bob Herbert (2 2) reported on the case of Lamont Branch, an African-American convicted of the murder of Brooklyn drug dealer Danny Josephs;Branch was imprisoned for 13 years after being found guilty. (1993). Improving the tactics of police and prosecutors - particularly withregard to coercion of testimony and confessions and withholding of evidence- is also needed (Scheck, et al, 2 ). ReferencesBailey, R. (2 2). The rise of so-called "administrative justice," according to Felten(1993) and Scheck, et al (2 ), has eased the burdens on the courts andthe lawyers (on both sides of the aisle). Black men falsely convicted file $6 M suit. Leading toBraunskill's arrest and conviction was eyewitness testimony that wasinaccurate. Scheck, Neufeld, and Dwyer (2 ) claimthat when mistaken identity on the part of a witness is involved in falseimprisonment, Caucasian witnesses tend to misidentify African-Americandefendants at a rate of 35 percent as compared to a rate of one percent forHispanic defendants and 28 percent for Caucasian defendants.Interestingly, African-Americans tend to misidentify African-Americandefendants at a rate of 24 percent. The consequence of too little justice. New York: Doubleday. It has not, however, resulted inan improvement in the way justice is administered. Tryson received a $1.25 million settlement from the City ofRochester for false imprisonment and is seeking compensation from the Stateof New York as well. False Imprisonment, Black Males, and New YorkIntroduction False imprisonment is defined as "the unlawful restraint or detentionof one person by another" or "any use or threat of force that makes someonestay where he does not want to stay or go where he does not want to go"(Poor, 1977, p. In another well-publicized case, Dhoruba al-Mujahid bin Wahad(formerly Richard Moore), a member of the Black Panther Party, was freedfrom prison after 19 years. (2 ). A Black male born in 1991 has a one in threechance of spending time in prison at some point in his life and for everyone Black male who graduates from college, 1 Black males are arrested. (1995). Clarence Bruce Braunskill - yet another African-American male fromNew York falsely imprisoned - served seven years in jail for a crime he didnot commit. Coakley was misidentified by witnesses, andpolice officers are said to have suppressed evidence that would haveexonerated Coakley. Given the crowded schedules maintained by criminalcourts in most metropolitan areas, and the caseloads of prosecutors'offices, many prosecutors and their equally overburdened counterparts inthe Public Defender's Office often rush to a plea bargain as an alternativeto trial. (1999). If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

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