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History Of Wrongful Conviction Using Forensic Science

History Of Wrongful Conviction Using Forensic Science

Contents

TOC o “1-3” h z u HYPERLINK l “_Toc378140416” Introduction PAGEREF _Toc378140416 h 1

HYPERLINK l “_Toc378140417” Annotated Bibliography PAGEREF _Toc378140417 h 1

IntroductionForensic Science refers to the application of a broad spectrum of sciences to answer questions of interest in legal system, especially those related to crime and civil action. Wrongful convictions in legal systems using Forensic Science has been one of the most pressing issues that need to be researched on. This paper provides an annotated bibliography of various scholarly sources that provide evidence of history of wrongful conviction using forensic science.

Annotated BibliographyDowns, J. C. U. & Swienton, A. R. (2012), Ethics in Forensic Science. California: Academic

Press

This book presents various perspectives in approaching and understanding various ethical issues in justice system. It presents various case studies of cases in which individuals have been wrongfully convicted using forensic evidence. The content of this book draws upon the expertise of authors, editors and various contributors. It challenges the reader with the goal of greater understanding of the most recent ethical issues related to forensic science. However, the book discusses more on ethical code related to forensic science, rather than offering history of wrongful convictions based on forensic evidence. Regardless, the book remains one of the most relevant for the topic of study.

Huff, C. R. & Killias, M. (2010). Wrongful Conviction: International Perspectives on

Miscarriages of Justice. Washington: Temple University Press

This book analyzes the presence of wrongful convictions across various nations and their respective criminal justice systems. In chapter 3, the book discusses the risks involved in using forensic science in linking suspects to crimes. The book also provides examples of cases where individuals have been wrongfully convicted linked to crimes or exonerated on the basis of forensic evidence. This book is edited and thus, has reliable and well researched information. Though it does not deeply discuss the topic of study, it is one of the most relevant sources.

Randerson, J., & Coghlan, A. (2004, Jan 31). Forensic evidence stands accused. New Scientist,

181(2432), 6-7. http://search.proquest.com/docview/200396803?accountid=13827

This Journal article reveals cases in which flawed scientific advice given to courts in various nations led to wrongful convictions of thousands of men and women. The authors also present various concerns questioning the reliability of using fingerprints to convict individuals linked to crimes. This article has useful evidence regarding wrongful convictions based on Forensic Science that have occurred in the past. It is also a peer-reviewed journal article and thus, the information provided in it in reliable and authoritative. Therefore it is a relevant source for the topic of study.

Rattner, A. (1988). Convicted but innocent: Wrongful conviction and the criminal justice system. Law and Human Behavior, 12(3), 283-293. doi: 10.1007/BF01044385

This Journal article evaluates studies in forensic from the beginning of 20th century until 1988. It presents various cases of innocent individuals who were tried and wrongly convicted or exonerated from serious crimes in various nations, especially in United States. This is a peer reviewed journal article and thus, it contains authoritative and reliable information. Importantly, it provides useful history of cases of wrongful convictions using forensic science. Therefore, it is one of the most relevant sources for the topic of study.

Petherick, W., Turvey, B. E. & Ferguson, C. E., (2009). Forensic Criminology. California:

Academic Press

This text book is intended to educate readers regarding the nature and extent of forensic casework, particularly those who are involved in assisting administrative inquiries, investigations and legal proceedings. It presents contemporary and relevant case examples to demonstrate the application of forensic criminology. It also discusses the various causes of wrongful convictions and provides evidence using past cases. This is a scholarly source and contains reliable information. The book therefore provides strong and relevant information on the history of wrongful convictions using forensic evidence.

Pyrek, K. (2007). Forensic Science Under Siege: The Challenges of Forensic Laboratories and

the Medico-Legal Death Investigation System. California: Academic Press

In this book, Pyrek notes that the reputations of forensic science laboratories have increasingly come under fire. The book discusses various incidences of false reports, tainted evidence, scientifically flawed testimony and allegations of negligence. The issues discussed in this book are timely and the writer takes an investigatory perspective. The book is also scholarly and takes a research-driven perspective. Therefore, it has strong information, which is relevant for the topic of study.

Conflict There is a large number of theorists who have specialized their interest in explaining about crime through their con

Conflict

Students Name

Institution of Affiliation

Course Title

Date

There is a large number of theorists who have specialized their interest in explaining about crime through their conflict theories. Among the theorists specializing in conflict theories is the Dutch criminologist Willem Bonger and George Vold. Bonger believed in a causal link between crime, economic and social conditions (Bonger, 2015). Bonger claimed that crime is social in origin as well as a social response to the prevailing cultural conditions. In the more primitive societies, Bonger claims that survival requires more selfless altruism within the society. According to Bonger, the poor are pushed to commit crime out of the need to fulfill their desire or out of a sense of injustice. It is through this quest by the poor to commit crimes that the powerful exercise their control, imposing punishment. The powerful equates the definition of a crime with harm or threat of damage to their property and business interests. Despite the inherent saying that theft may be identical, it is entirely not as theft by the poor will be much emphasized than theft by the rich. The emphases will have consequences that include asserting direct pressure for survival in an unequal society and the indirect effect in that it will increase a sense of alienation among the poor. Bonger further claims that crime in the street was due to the miserable conditions to which the workers lived in competition. Bonger believes that poverty alone is not the cause of crime but rather a combination of poverty and other factors such as materialism, individualism, racism, false needs and the false masculinity of violence as well as the domination among the thugs in the streets.

George Vold, on the other hand, suggests that crime is social and that it is a product of conflict between groups that lies within the same culture (Vold, 1958). Humans are social beings and therefore form groups that are triggered by shared interests and needs. Vold claims that the interests and the needs of the groups interact and produce competition over maintaining or expanding one group’s position relative to others in the control of resources such as education, employment, and money. With the main aim of controlling resources, the more efficient group obtains the mandate of enacting laws that limit and regulate the behavior of other groups and therefore prevents the fulfillment of the minority needs.

The two theorists share some common notions in that they assert that crime is as a result of oppression against one group. The more efficient or dominant group creates laws and regulations that are aimed at regulating the flow of resources to the minorities and therefore limits their behavior. The two theorists are also similar in the sense that they claim that crime is a result of the desire to fulfill a common need or interest. From Bonger’s perspective, the poor steal from the rich and wealthy to fulfill their needs and the powerful enacts laws that criminalize the behavior of the poor to protect their businesses. Vold as well claims that crime results from the attempt to dominate the otherwise shared interests among a group of people were also the dominant restrain the behavior of the minority through laws. Another similarity arises in that crime is as a result of various factors such as materialism, domination, and individualism as deduced from the two theories. In contrast, the two theories differ in the definition of theft in that according to Bonger the poor are driven to commit crime due to the desire to fulfill their need whereas, in Vold’s perspective, crime is as a result of the struggle for dominance between groups with common interests.

The two theories are relevant in today’s culture in that the definition of crime is still based on the same concepts. Crime in the streets are as a result of dominance among the thugs, and as well crime is as a result of competition that results in dominance among the involved groups. The poor are prompted to commit crime due to the urge of fulfilling their needs while in other societies, crime is as a result of the struggle for dominance in the control of resources.

Reference

Bonger, W. A. (2015). An introduction to criminology. Routledge.

Vold, G. B. (1958). Theoretical criminology.

David Selznick and the film, since you went away

David Selznick and the film, since you went away³I have a different concept of producing than other producers. Some producers are money men, and others are just lieutenants. For me to produce is to make a picture. As a producer, I can maintain an editorial perspective that I wouldn¹t have as a director. I consider myself first a creative producer, then a showman and then a businessman. You need all three things to succeed in the business today.²-David O. Selznick

The film Since You Went Away was released in 1944. This epic film attempted to relate to the American audience that was dealing with the war foreclosing and the flux of soldiers coming home at the time. The Hollywood studios were constantly trying to do their part for the war buy making films about the war in a fairy tale ³Hollywood² style. Since You Went Away crossed these boundaries, and the movie audience at the time, positively responded for this reason. The producer and screenwriter of the film knew America craved this portrayal. Critics of the film from this period, applauded it¹s ³realism², but in hindsight studies of the film in the seventies and eighties were a little more critical of the film. David O. Selznick was the man behind the vision of this film and Selznick is best known for film classic¹s like; Gone With the Wind, (from which the formula of this movie draws heavily from) Rebecca, and King Kong. This film was a special project for Selznick at the time, and it was seen as his contribution to the war effort. The academy awards recognized Selznick¹s effort and nominated his film for best picture of 1944.

David Selznick was known as a one of the great creative producers- alongside Walt Disney. A creative producer is usually ³a powerful mogul who supervises the production of a film in such exacting detail that he was virtually its artistic creator.² (Eyman p. 121) In this period, Selznick¹s style was remembered best by his epic length movies in which he paid special attention to detail. His films catered to the female market but also had potential to cross over to the male segment. Selznick was ³increasingly becoming aware of the commercial value of his name.² (Fenster p.36) He decided to repeat the formula that worked well in Gone With the Wind and made a decision to purchase a war novel/diary from Margaret Wilder. Since You Went Away spawned from Wilder¹s novel, after Selznick spent many hours on developing the screenplay and hiring the right cast. The war film was a popular genre to produce during the war years in North America. Also, it was seen as a noble effort to make a film about the war. Most of the skilled directors or producers of these films, stylized their own vision of the war with their special trademarks throughout the film. Films that did this, usually did will well at the box office as well as at the Academy Awards Ceremony. David Selznick was looking for a hit movie to follow the success of Gone with the Wind and he hoped Since You Went Away would be a blockbuster. Selznick spent nearly ³$3,000,000 on this film², (Thomas p. 220) which meant glossy and detailed scenes throughout the film. This was an unusual amount of money for a film from this period, but David Selznick was known in Hollywood for his elaborate budgets.

The films length allowed Selznick to allow it to take place over a year. The story begins in January 12, 1943 which is immediately after Mr. Hilton departs for the war. The Hiltons are a middle/upper class family who are now faced with dealing with dealing with the trials and tribulations of everyday life without the support of a male authority figure. A lot of emphasis is placed on the female audience¹s familiarity with ³the details of day to day living and plenty of humorous sentimental reportage of housekeeping: rationing, the problems of two growing daughters and the business of getting jobs to help the family¹s reduced budget.² (Hartung p 374)

Selznick increased the original ages of the two daughters so Shirley Temple

(Bridget) and Jennifer Jones (Jane) could play the roles and romance could be introduced. Nineteen forty-four was quite the turbulent year for the American populous. The war was coming to a close, and America saw the return of their heroes after a glorious battle. But, there was also a feeling of nervous uncertainty and anxiety regarding the heroes return. The reviewers and reviews of Since You Went Away were very much in tune with this feeling. In the press, critics viewed this film in either of two ways. First, it seen as a triumphant return of Selznick and secondly, the critics thought the movie attempted at a realistic portrayal. An article in Variety Magazine boasted ³it¹s a box office mop-up² and the article also listed the complete list of about ninety actors involved. The critic constantly mentioned David Selznick¹s name throughout the review and thus, set the tone for the magnitude of this film. Similarly, in a Newsweek article, there was constant enforcement of how much money was spent on this film and how much Selznick made on his last film. This worked as a quality control mechanism for Hollywood and the viewing audience.

People knew what to expect when they went out to see a David Selznick film.

The second type of review paid particular attention to the ³realism² of this film. A review in Time Magazine stated: ³this is the most human, factual picture to date². It mentioned the film dealing with things like the sorrow of death, and the comfort of religion, food shortages, and being away from loved ones. For example, a scene where a telegram is sent to Mrs. Hilton, informing her that her husband is missing in action. This scene takes place after the housekeeper receives the telegram and yells for Mrs. Hilton who was sleeping. Upon reading the letter, Mrs. Hilton insists that there is still hope and he is still alive. The American public at the time of this release, were caught up in these ³everyday² feelings and it was apparent that Selznick deal with these issues with as much love and heart as Selznick could fit on-screen. In another review they mentioned that the film is ³always authentic, endearing and true to life as death and taxes² (Abel p 13) this ³realism² was constantly reinforced with sequences like the scenes in the rehabilitation¹s rooms, psychiatrist¹s office and recovery wards. In these scenes, the film maker uses lighting to cast shadows in these rooms. . This is especially prevalent in the scene where Jane Hilton says good-bye to her boyfriend Billy at the train station. The long shadows are used to show the shadow that is cast over America at this point in history and to enhance this on-screen realism. Indeed, this issue was the case for many Americans and people from other countries as well. Overall, it was the message that appealed to the audience the most and the modern day press agreed with this films message. But, this wasn¹t the absolute case. A famous film critic, at the time was very harsh on this film. He downplayed Selznick¹s attempt at portraying a typical American Family. In The Nation, James Agee writes about the home that the Hiltons reside in: ³They live in an American home that seven out of ten Americans would sell their souls for². This review addressed the issue of class, which is the main bone of contention that most of the more recent articles death with.

It is quite easy to look back at older films and sneer at them as inferior. But these films from the forties and fifties are cultural products that were a part of the social fabric at this time. One must look at the politics that were in place at the time, and see how that effected a medium such as film.

Since You Went Away was shown to the people of America to increase support and motivate people to get involved. It was also shown to troops because it the film was also saying: ³they¹ll be there when you get back². (Jarvie Lecture Jan 19)

Since You Went Away was one of the first films to deal with the American home front and the issue of the soldiers return. Selznick¹s past experiences led him to understand ³not of what Americans were, but what Americans wanted to be.² (Koppes p 157) Today, this film looked upon as a model of how Americans were expected to behave. This film could be seen as a teaching tool for the average American. Seeing a family such as the ³Hiltons² on-screen, pinching from their usual weekly budgets and bringing a boarder into their home for extra income- is a lesson to be learned. The Hilton family is trusted into new situations they might never have dealt with prior to the war.

Since this film was projected towards the female market, the film gave a strong message about empowering women. In the period in which this film was made, the climate for gender equality wasn¹t really an issue. With all the men off at war, women started to take up male roles and jobs to fill the temporary gap. Jane who wanted a job before her father left, eventually got one as a nurse¹s aid. After Mrs. Hilton agrees with Jane, a cut to the capping ceremony where Jane, ³with shining face and sun glinting off her white cap, recites the Red Cross pledge.² (Koppes p 157) Bridget is the young eager citizen who can¹t do enough for her country. She constantly complains that she is only doing ³kid¹s stuff² for the war. Anne Hilton is also set up as a model citizen. For example, she is portrayed as unhappy and lonely. Many scenes feature a ³slick² Lieutenant Tony Willet making subtle hints for his unquestioning love for Anne. The audience is usually left wondering if Anne will give up hope and marry Tony. Anne sticks it out and she and Tony remain close throughout the troubled war and they stay strictly ³friends.²

Another point more current literature on this film investigates, is the issue of reality. Various articles I read, that were dated after the war- said that this film was full of propaganda. An example of this was when the Hilton¹s were on the train to meet up with their father. A boy with an amputated arm yells to the conductor: ³Can¹t this train get moving? I¹ll miss my pop! ² The conductor replies: ³Your pop. Will have a lot better chance if these supply trains get through² this scene is reinforcing a sense of teamwork, and an American duty to work together. Propaganda aside, did this film bring the real issues to the silver screen? Perhaps, Selznick¹s desire for perfection got in the way of the real story of the American home in war time. Paying ³too much attention to love scenes, costumes, gestures² (Agee p 137) possibly made the film look too artificial. In order to present the Hilton¹s house as a fun and happy home- the Selznick¹s portrayal of the Hilton cook (Fidelia) is a little skewed. The Hilton¹s were forced to let Fidelia go because Anne could no longer afford to pay her. After the first 30 minutes of the film, the cook has already moved back into the home to work for free. There is also the issue of the Hilton home. This docile is a modest place of an advertising executive which was supposedly a ³typical² American home. The home was very elaborate and had plenty of extra space for 2 other house guests. Some of these images that are prevalent in this film are not exactly the same as the average American¹s. The scenes mentioned above and many more, presented a classless society which was definitely not the case in nineteen forty-four.

Most critics enjoyed this picture. After all these were troubled times and

Americans weren¹t sure what to think. It¹s safe to say that the movie going audience did want to laugh but they also wanted to cry- and that¹s what this film allowed the audience to do. Since You Went Away, also points at many interesting aspects of nineteen forties post-war society. Selznick¹s particular attention to style and form brought this film to it¹s highest level. Selznick once said: ³Since You Went Away would remain the definitive home-front movie’s until a realist comes along to show us what life is really like in America during World War II.²

I think Clayton Koppes describes the film and David Selznick best when he answers Selznick¹s comments about the film:

³Yet there lay Selznick¹s brilliance. The film triumphed precisely because it was not slickest touch he wove together the sacred and the sentimental symbols of American life and set them on the national shrine: the middle class home.²realistic. With Hollywood¹s I believe the film was a bit too long and a lot of scenes should have been omitted. In my opinion, a long movie doesn¹t necessarily make a good movie. Nevertheless, it was quite interesting to investigate old films and see the differences in opinion four decades can make.

Sources Cited

Abel. Brian.³Since You Went Away.² Variety July 19, 1944 p13Agee, James.³Films² The Nation July 29, 1944 p137.

Allen, Robert and Gomery, Douglas ³Film History – Theory and Practice² New York: N. Award Records 1985.

Crowther, Bosley. ³Since You Went Away,² A Film of Wartime Domestic Life,

With Claudette Colbert and Others, Opens at the Capitol.² New York Times July 21, 1944.

Eyman, Giannetti ³Flashback – A Brief History of Film² New Jersey: Prentice Hall 1991.

Fenster, Mark. ³Constructing the image of authorial presence: David O.

Selznick and the marketing of since you sent away² Journal of Film and Video 4.1 Spring 1989: p36-55.

Fearing, Franklin ³Warrior Return: Normal or Neurotic?² Hollywood Quarterly Vol. 1, 1945-1946: p96-107.

Hartung, Philip. ³The Screen: While You Are Gone, Dear.² The Commonweal August 4, 1944 p374-375.

Koppes, Clayton ³Hollywood Goes to War² New York: Free Press 1987. p154-162. Newsweek ³First GWTW, Now SYWA² July 10, 1944 p85-6.

Thomas, Bob. ³Selznick² New York: Doubleday & Company, 1970.