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Context and Importance of DNA and Other Biological Evidences in Preventing Wrongful Convictions

The purpose of the criminal justice system in the United States is to provide justice and fairness to all people by allowing them a fair hearing in a court of law in accordance with due process (Meusch, 2019, p 19). The Constitution of the United States guarantees individuals the right to the due process of the law, being perceived innocent until proven guilty. However, there have for decades existed impediments to justice in the United States’ criminal justice system, resulting in the perception of individuals as guilty without proving their innocence. According to the reports by the Innocence Project which seeks to use DNA and other biological evidence to exonerate wrongly convicted individuals, the rate of wrongful convictions is about 6% in the general state prison population, with the variations ranging from 2%-10% (Ware, 2019, p 453).

There are various common causes that result in wrongful convictions. Eyewitness misinterpretation is one of the major reasons for wrongful convictions as the eyewitnesses can make a lot of errors because the suspect may stand out more in a lineup or photo, making the witness pick them as the perpetrator of a crime (Berkowitz et al., 2020, p 6). There are times in which the witnesses become overconfident in believing that the person they choose is the perpetrator of the crime. Also, the police may unintentionally direct the witness to choose a suspect, which is not always the right person. Incorrect forensics is another major reason for wrongful convictions. Flawed assumptions by the forensic scientist may lead to wrong conclusions about the evidence provided including gunshot residue, arson and abrasive head trauma. False confessions have also been used to convict individuals wrongly, as the evidence may seem credible since it is coming from the suspect. Mentally ill, juveniles and mentally disabled are some of the persons who are more likely to confess for a crime they did not commit as they are subject to manipulations, and thus, can be pushed by police officers to confess (Lackey, 2020, p 43). Finally, inadequate defense can also lead to wrongful convictions. Lawyers need to be well-trained, passionate and require sufficient resources including time to conduct a proper investigation. People from low socioeconomic status find it difficult to hire a lawyer, and this leaves the courts with no option but appoints a public attorney to represent them in court. While these lawyers handle a huge number of cases at a time and are underpaid, they are more likely to lose a case since they are undermotivated. Each case requires experience, diligence and funds, and public attorneys are not a guarantee to provide these basics.

Wrongful convictions have a tremendous impact on the parties involved including affecting a person’s mental health status, negative impacts to the families and as well tainting the criminal justice system as incapable of handling evidence. One of the major effects is the impact on a person’s mental state as wrongful convictions has a psychological impact including severe mental health problems such as Post-Traumatic Stress Disorder (PTSD), persistent personality changes, depression and adjustment difficulties, feelings of chronic estrangement and isolation, relationship impairments, as well as developing complex feelings of loss (Norris and Kevin, 2020, p 334). Depression and betrayal by country is a major impact as the person have been observant of the law, but the system has proved them wrong. In regard to the family, those close to individuals who are wrongly convicted may as well experience stigma and psychological difficulties. No person who likes their loved ones to face any challenges especially against the law, and the pain intensifies especially if the family members are aware that their loved one is suffering due to a flawed justice system. Finally, the criminal justice system can also be negatively affected as the society may deem it incompetent to handle cases or provide a fair hearing as guaranteed by the United States Constitution. Based on this, it is in the best interest of the criminal justice system to show its competence and gain trust and approval from the public.

DNA and other biological evidence have been used to prove the innocence of the wrongly convicted (McGlynn, 2019, p 709). The first DNA exoneration took place in 1989, and according to the Innocence Project, there have been 375 DNA exonerees to date. According to statistics, 69% of the exonerees involved eyewitness misidentification, 43% involved misapplication of forensic science, while 29% involved false confessions (Webb, Dennis and Aimee, 2020, p 237). Despite the success, there have been questions on whether DNA evidence should be admissible in a court of law considering the flaws associated with DNA evidence collection, analysis and interpretation. Also, planting evidence to wrongly accuse another person, and dependency on the police trustworthiness impede the recognition of DNA and other biological evidence from being admissible in a court of law (Goldstein, 2019, p 597). Based on this, this paper seeks to evaluate and identify ground on which DNA and other biological evidence can be used to convict criminals in a court of law, thus help avoid incidences of wrongful convictions.

Works Cited

Berkowitz, Shari R., et al. “Convicting with confidence? Why we should not over-rely on eyewitness confidence.” Memory (2020): 1-6.

Goldstein, Joseph. “Guilty Until Proven Innocent: The Failure Of DNA Evidence.” Drexel L. Rev. 12 (2019): 597.

Lackey, Jennifer. “False Confessions and Testimonial Injstice.” J. Crim. L. & Criminology 110 (2020): 43.

McGlynn, Kayleigh E. “Remedying Wrongful Convictions though DNA Testing: Expanding Post-Conviction Litigants’ Access to DNA Database Searches to Prove Innocence.” BCL Rev. 60 (2019): 709.

Meusch, Jacob E. “A” Judicial” System in the Executive Branch: Ortiz v. United States and the Due Process Implications for Congress and Convening Authorities.” JL & Pol. 35 (2019): 19.

Norris, Robert J., and Kevin J. Mullinix. “Framing innocence: An experimental test of the effects of wrongful convictions on public opinion.” Journal of Experimental Criminology 16.2 (2020): 311-334.

Ware, Mike. “Innocence Project of Texas.” S. Tex. L. Rev. 60 (2019): 453.

Webb, Patrick, Dennis Savard, and Aimee Delaney. “The color of confinement: examining youth exoneration decisions and the critical race theory.” Journal of Ethnicity in Criminal Justice 18.3 (2020): 206-237.

Death of a Salesman

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Death of a Salesman

The play ‘Death of a Salesman’ tells the story of Willy Loman and his family. They live in New York City. Willy is employed as a salesman while his wife is a homemaker who appears to have endured Willy’s dreams and actions for a long time. They have two sons, Happy and Biff. Biff had high hopes of joining college but was unable to do so because he failed in math. Happy is the elder son who feels that Biff has overshadowed him throughout his life. He is sexually promiscuous perhaps in an attempt to gain the attention denied to him at home. Linda Loman is their mother and Willy’s wife who would do anything to make her family happy (Stanton 155).

The most dominant theme in the story is that of the American dream. The family believes that they only need to be well-liked and economic prosperity will come to them. Willy thinks that good looks are what it takes to be successful and that is why he thinks that his sons are much more likely to succeed than Bernard who is very awkward and somewhat unattractive. Such beliefs are what eventually lead to Willy’s downward spiral since he finds that the realities of life do not measure up to the dreams he had for his sons, especially Biff. Charley’s son Bernard who believed in hard work grows up to become a successful attorney while Willy’s sons grow up to become failures. Their father never instilled in them the virtues of hard work.

The theme of the American dream is used in the play because it is part of the everyday life of families in the United States then and now. The story aims to emphasize that Willy’s dream was valid, but he did not go about it in the right way. He only counted on good looks and likeability as the requirements to succeed and be wealthy. Hard work is, however, the fundamental principle in the American dream, people must be willing to put in the time and effort required to make their dreams a reality.

Betrayal is another central theme in the play. The first instance of Betrayal is when Wily has an affair with another woman and cheats on his wife with her. When Biff learns about this, he is very disappointed in his father and chooses not to live his life a per his father’s dreams. He loses all hope in his father. When Willy learns that Biff is no longer willing to capitalize on his status as the high school hero, he is furious and berates Biff. He says, “’I want you to know, on the train, in the mountains, in the valleys, wherever you go, that you cut down your life for spite!” (Miller 31). Biff feels that his father’s affair is a betrayal of the whole family and thinks that his father is a fraud and a fake. Betrayal can also be seen in the relationship between Biff and Willy. Willy is of the opinion that Biff betrayed the dreams that he had laid out for Biff’s life. He refused to follow his father’s example and instead turns out to be quite a different person from what Willy had expected him to be.

The theme of betrayal in the play shows how the actions of one person can affect others. Willy had grand plans for his sons, but he ended up being disappointed when they do not follow his example and guidance. Willy was unable to deal with this, and this made him suicidal. The theme also shows how specific actions like Willy’s affair can impact the family. Biff thinks of his father as a fake and his actions exceedingly disrespectful of his mother, Linda.

The theme of love comes out especially in the actions of Willy and Linda Loman. Willy wanted his sons to be very successful, and he had unusually high hopes for Biff. While this love can be seen to be somewhat overbearing and unrealistic, Willy believed that Biff had the potential to become much more. This is what leads to his eventual disappointment in his sons and him getting out of touch with reality. Linda Loman loves her sons as well as her husband. From the play, we can tell that she is a long-suffering woman who has borne Willy’s whims and ideas for a long time.

Willy’s actions in the play are motivated by the desire to see his sons succeed in life and business. He believes that the fact that his boys are good looking and well-liked is reason enough for them to succeed. When growing up, he failed to assert the values of hard work that is necessary for success. Biff was his particular concern, leaving Happy rather forlorn and with little attention from his parents. Willy is unable to deal with the fact that Biff may not follow the path that his father had hoped. It is this sense of disappointment that leads Willy to lose touch with reality. He is unable to “handle conflicts and the realities of life” (Paulsson 43). He had delusions of grandeur for business and wealth, and when he realizes that these are not forthcoming, he becomes suicidal.

From the play, Linda is the long-suffering wife whose responsibility it is to keep her family happy and glued together. When her sons go out with their father, and they leave him, she is furious with them. She has stood by Willy throughout his many years of wild dreams so that she sometimes believes in them. However, she is “….a much more practical woman as compared to her husband, Willy” (Stanton 156). She devotes her time and energy into caring for her family as a mother and wife. When her husband dies, we can sense some relief in her. Perhaps she is relieved that she will no longer have the tiresome tasks of listening to her husband’s visions that are far from reality.

The play’s themes and characters are well developed and give insight into what life was like at the time. It emphasizes the family and how parents should let their children become what they want rather than charting out a course for them. Willy’s character offers essential lessons on what values parents should instill in their children and how to handle conflicts especially when the realities of life prove to be entirely different from one’s thoughts and imaginations.

Works Cited

Miller, Arthur, et al. Death of a Salesman. Kultur, 2004.

Paulsson, Kristin. “Ben’s Lead Role in Willy Loman’s Suicidal Mind: Exploring Death of a Salesman via Freud.” (2016).

Stanton, Kay. “Women and the American Dream of Death of a Salesman.” Death Of A Salesman (2007): 156.

Zinman, Toby. “Death of a Salesman.” The Arthur Miller Journal 10.1 (2015): 57.

Context and Importance of DNA and Other Biological Evidences in Preventing Wrongful Convictions (2)