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  WRONGFUL

  CONVICTIONS

America prides itself on its belief in equal justice and providing its citizens of all races and backgrounds with a system that provides justice for all.  This said, there are many flaws  in the criminal justice system that have led to bias.  

Even as the United States is at the forefront of advancements in forensic science, specifically DNA evidence, policy to ensure the right to compensation for wrongful conviction is among the poorest in the world.

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Life After Being Wrongfully Imprisoned | SoCal Connected | KCET

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Wrongfully Convicted Man Set Free 9 Years Later

Wrongfully Convicted Man Set Free 9 Years Later

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Missouri man wrongfully convicted of murder still awaiting release

Missouri man wrongfully convicted of murder still awaiting release

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Wrongly Convicted Richard Rosario Stuns Judge at Hearing | NBC Nightly News

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            Numerous factors have contributed to the high incidence of these wrongful convictions, including faulty forensic science, police misconduct, racial prejudice, inadequate defense counsel and mental incompetence. Error in eyewitness identification is one of the most frequent sources of wrongful convictions.  These cases may include the testimony of a compensated witness, which are usually prisoners seeking to reduce their own sentence.  

           Not only do the wrongfully convicted lose a part of their lives while incarcerated, but once they are released, they enter a very different world than which they left.  Often, many have few marketable skills which makes it especially hard to re enter into society and find employment. In many cases, the wrongfully convicted will rely on family and friends to support them because of the challenge they face due to their time lost while serving in jail. Also, exonerees in the United States must tackle state-by-state compensation statutes which leaves the majority no compensation for their wrongful conviction. 

RETRIBUTION VS RESOCIALIZATION

            Resocialization is the idea that when one demonstrates deviance in society, they will have the opportunity to enter an institution for rehabilitation to gain the essential skills to reenter life  as a productive member of society.  The opposite of this is retribution, which approaches criminal prevention with an emphasis on punishment and compensation of victims. 

     Resocialization and rehabilitation are most commonly practiced in the Netherlands and Germany.  Subsequently, jail conditions are more humane and fines are prioritized over detainment.  Unlike the United States, Germany and the Netherlands try to avoid isolation and focus on criminal enrollment into rehabilitation centers, which has drastically decreased the chances of an offender returning to crime.

The figure above clearly demonstrates the incarceration rates among these three countries, with the US’ rate nearly seven times higher than Germany and the Netherlands. The United States also has a prison return rate of 40%, which suggests it’s approach to justice is not the most effective.  Another reason for the high prison return rate is the lack of individualism one experiences throughout the process.  Countries like Germany and the Netherlands take into account an individual's mental health during the resocialization process to ensure each person is receiving proper treatment to successfully enter society. The US will more frequently utilize isolation and separation from society which only set

s the individual back once released.

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