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By Rebecca Rosenberg. November 19, pm Updated November 19, pm. Civilization is not there. A jury found Kendrick guilty of fatally stabbing a year-old woman in the back and snatching her purse on the grounds of the Ravenswood Houses in The conviction was based primarily on the eyewitness testimony of a year-old boy. The child witnessed the slaying from the third-floor window of his apartment more than feet away, according to Susan Freidman of the Innocence Project, who represents Kendrick. He fully cooperated with police, allowing them to search his apartment, which he shared with a woman, where they found a black purse on top of a television. The youngster initially identified another man in a lineup before changing his selection to Kendrick, officials said. Police later obtained a statement from a second witness who said he saw Kendrick fleeing the scene with a black purse under his arm. Life After Wrongful Conviction An Article By

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After a trial earlier this year, Lasnik found that the mother, Yeseni Pacheco, did not want to become pregnant and would not have become pregnant in if the nurse at the Neighborcare Health clinic had given her the correct shot. The federal government is responsible for the damages because the clinic, which serves low-income and uninsured patients, is federally funded. They said the case was a hard-fought battle and sharply criticized the government for refusing to accept responsibility at the outset. The child's mother, Yeseni Pacheco, did not want to become pregnant and would not have become pregnant in if the nurse at the Neighborcare Health clinic had given her the correct shot. Emily Langlie, a spokeswoman for the U. Pacheco, an El Salvadoran refugee who moved to the U. By then, she was pregnant. According to court documents, she suffers from a birth defect known as bilateral perisylvian polymicrogyria PMG , which has resulted in cognitive delays, slowed speech and language skills, epilepsy, vision problems and other complications. Maxwell said that she will live a normal life span, and will require some level of care and assistance for her entire life. Check out what's clicking on Foxnews.

Wrongful conviction is the miscarriage of justice, wherein, a person is convicted for an offence which they never committed in actuality. It isn't out of place to mention about the grave consequences which the party, who is wrongfully convicted, has to face because of such conviction, both in terms of reputation and finance. To prevent such an unjustified conviction, the Constitution of India, and several other Statutes have laid down provisions for fair and transparent working of the judicial machinery, while also giving the wrongfully convicted person to have his locus standi and to prove his innocence. In simplified terms, a wrongful conviction is such a conviction, wherein, a person, who is otherwise innocent, has been convicted for an offence Life After Wrongful Conviction An Article By they never committed by a competent court.

In a case, the Supreme Court, observed that there is a laxity with which the authorities throw citizens into prison. In India, for instance, the accused is entitled to be represented by a Public Prosecutor free of cost, in case he cannot afford an advocate of his own. However, the prosecutors themselves are so overburdened with such plethora of cases, that, despite their best efforts, they fail to do justice Solidarity and Empathy each of their cases.

A nurse mistakenly gave the mother a flu vaccine instead of a birth control shot

In other instances, the unfair practice of giving laxity in clients' case, by his lawyer, in return for some consideration supersedes the moral sense of justice. Such declining sense of morals is also seen in witnesses who either decide to abstain from giving correct testimony in Court or even go to the extent of giving a false testimony against the otherwise innocent accused, to watch him fall for the lacunae in the system and be punished for an act which he never committed. Now there are some cases where reports of various forensic tests prove to be crucial Life After Wrongful Conviction An Article By in the accused's defense.

However, such evidences aren't immune to tampering either and their manipulation, either internally by the agency or by external influence, is considered a star-marked cause for wrongful conviction. The impact here wrongful convictions is two-folds, affecting not only the convicted person, but also the machinery of justice in general. Firstly, taking an overview of its impact on the convicted individual, the most obvious of its consequences is the grave harm to the person's reputation.

When a person is convicted for an offense, even though wrongfully, he Life After Wrongful Conviction An Article By deemed offender not only Articlw the eyes of Court, but also in the eyes of society- the society he has to deal with and live with and the society which now alienates him and sees him as heinous miscreant. In situations like these, it is normal for the individual to experience feelings of helplessness, fear, devastation and even depression. It is also a violation of his fundamental right to life and personal liberty, provided for under Article 21 of the Constitution. Another very obvious loss is that of time and resources. It is a common saying that an individual who remains estranged from the society for six months, automatically remains a year behind in life.

Now for an individual, who is wrongfully convicted for an offense as serious as murder or rape, must prepare to remain imprisoned for anywhere between ten years to life imprisonment, or even a death penalty in some Wrongfhl. Moreover, he becomes liable to pay a huge fine, as directed by Court along with the costs.

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In a famous case that came into limelight ina Kashmiri youth was exoneratedfrom his conviction, under TADA, after 23 years, just to reach home to find his parents dead. Now considering that he somehow gets through his punishment term though unjustifiedthe hardships still haven't exhausted yet. Even after coming out of the prison, he still has to cope with the changed world. He has lost not just the opportunities during the time in imprisonment, but also the time to develop his skills which could earn him a decent bare minimum lifestyle.

Now coming on to the impact of wrong convictions on society in general, it isn't out of place to mention about the blot which is put on the Judiciary of the country. While the innocent is facing the hardships of punishment, and the society busy hurting his self-image with humiliation, the real offender is still out there lurking and waiting probably waiting for ripe time to commit another offence.

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So, far from delivering justice to the individual, the Courts have in fact made the society remain unsafe by ignorantly exonerating the real miscreant. As, it is evident what an anathema the wrongful convictions are to the society and to the convicted individual, it becomes need of the hour to examine the protections we have against these. Again, the protection as well is two-folds- one being preventive measures to avoid wrongful convictions, and the other being provisions to overturn Wronngful wrong decision.

The Constitution of India has provided for protection against wrongful convictions under Article It also protects the individual from becoming witness against his own case self-incrimination Articlle from being punished for the Life After Wrongful Conviction An Article By offense twice.

Another remedy that the convicted person has is making an appeal before a superior court. Section of the Code of Criminal Procedure, provides than an individual who is wrongfully convicted by a magistrate's court may appeal to the Sessions Court, while an individual convicted by the Sessions Court can Agticle to the High Court to get the decision overturned. The appellate jurisdiction Life After Wrongful Conviction An Article By High Courts and Supreme Court also play an important role in safeguarding individual rights. The Supreme Court is empowered to hear appeals from the High Courts if the High Court certifies that the case is fit for its standards. Even the convicted person fails to obtain the certificate from High Court, he may directly approach the Supreme Court via Special Leave Petition, provided for under Article State Government of Uttar Pradesh, that a wrongful prosecution is an infringement of fundamental right.

It is also a misuse of the process of law.]