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Final

Sociology 3312A/B Study Guide - Final Guide: Miscarriage Of Justice, Richard Hauptmann, Timothy Evans


Department
Sociology
Course Code
SOC 3312A/B
Professor
Kim Luton
Study Guide
Final

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Case
Details
Dreyfus
Week 1: Intro
French Captain charged w/ selling military secrets to Germans in 1894
Unpopular in the war office-> prepared a secret document that degraded him
Convicted and sent to Devil’s Island (Guyana)
New head Major Picquart suspected another traitor (Walsin Esterhazi) was responsible
Forgeries fabricated to ensure Dreyfus conviction
Emile Zola attempted to exonerate Dreyfus-> found guilty of libel and forced to flee France
1906 exonerated when document that convicted him was determined to be forged
No single cause-> handwriting similarity, anti-Semitism
Leo Frank
Week 1: Intro
Jewish business man convicted in 1913 based on perjured testimony of real killer for the murder
of 13yo Mary Phagan
Governor doubted his guilt and commuted his sentence but was lynched by an angry crowd
Posthumous pardon in 1986 after Alonzo Mann (key witness) admitted as a 14yohe had seen Jim
Coley carrying the body but kept quiet because his life was threatened
Racism, white fear, anger, rape allegations
Scottsboro Boys
Week 1: Intro
1927 Alabama 9 black males riding a freight and 2 white girls caught illegally riding train
Women alleged they had been raped
Convicted by all white jury and sentenced to death (except youngest)
Years of appeals, retrials, reconvictions
Multiple violations of due process, perjury, racism
Spent 104 collectively in prison
Women created story to explain why in the company of blacks
50 years later sole surviving defendant granted unconditional pardon
Racism, age, perjury, public fear, inadequate counsel
Lindberg Baby
Kidnapping
Week 1: Intro
1934-36 2 year search for baby led to arrest of Bruno Hauptmann (German immigrant with a
criminal record)
Friends w/ and entrusted money to Isidor Fisch a German immigrant con artist
Fisch dies and Hauptmann opened a package left with him marked bills from ransom paid for
Charles Lindberg
Spent money and led police to Hauptmann
Executed
Circus-like trial, likely suspect, pressure to convict, judge aligning w/ prosecution
William Harris
Week 3: Pre-trial
police
1984 West Virginia
Woman was raped- Harris charged w/ second degree sexual assault
Tried as an adult as a high school student
Spent 7 years in jail
Exonerated in 1995 by DNA overturning faulty DNA evidence
Factors: eyewitness error, forensic evidence, police misconduct, racism (black male), tunnel
vision
Police ignored alibi and lied about losing evidence (DNA sample)
Misidentified by witness in lineup
Fred Zain forensic evidence-> did not perform scientific tests properly
Serology mistaken as evidence-> blood groups could have been contaminated
Perjured testimony
Police ignored exculpatory evidence (gf corroborated alibi)
Victim testimony shifted from absolute elimination of Harris as her attacker to an absolute
certainty that he was guilty-> result of:
Unconscious transference: eyewitness misidentification of an innocent bystander for a criminal
perpetrator because of the witness’s exposure to the bystander in a different context
Malleable confidence
Nelson Hart
Took 3yo daughters to lake and both drowned
Convicted of first degree murder 5 years later
Conviction came after MBS operation confession-> said he shoved them in the water and left
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Week 3: Pre-trial
police
them to drown
Appeal judges ruled that videotaped confession should not be admissible in court
Mentally challenged
Hart could not swim, panicked, drove past gas station and hospital to get wife for help-> story
then changed saying he suffered from a seizure at the lake
1st degree murder charge overturned in 2014
Released after 9 years in jail
Led to SCC vs. HART ruling in 2014
Alan Dale Smith
Week 3: Pre-trial
police
Charged in 1974 with murder of Beverly Smith
Operation “Project Fearless-> involved fake criminal endeavors and drug deals
pretended that he had won a fishing trip and an undercover officer posed as another lucky winner
2009 convicted again after giving two confessions to different undercover officers
Claimed he shot Beverly- convicted of 1st degree murder
In 2014 MBS evidence used to convict him has now been deemed inadmissible in court (staged a
fake murder scene)
Kyle Unger
Week 4: Pre-trial
Court
WC for sexual assault and murder of teenage girl
Prosecution should be buffer to analysis and Q police work to eliminate
Factors: nondisclosure, informants, faulty forensics, tunnel vision, coerced confession, MBS (no
money, needed help, no other options)
Tried after Stinchecombe ruling but never disclosed that jailhouse informant offered something in
exchange for his testimony
No compensation for 14 years in jail
Only evidence was hair on sweater that “could” be Unger’s
Charged with 1st degree murder
Spent 14 years wrongfully in prison
confessed in a Mr. Big Sting
First wrongfully convicted Canadian to receive a full acquittal
Filed for $14.5 million in 2011
No court date yet set
RCMP trying to have lawsuit against them dropped, on the grounds that it was Kyle's fault for
confessing during the sting
Timothy Evans
Timothy Evans is hanged for the murder of his wife and infant. It was later found that he was
innocent and wrongfully convicted. The real culprit was Christie, Evans landlord. They
discovered it as they renovated Christie's home and found 5 bodies. He was executed in 1952 for
those murders.
Timothy Evans' case contributed to the abolition of capital punishment
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Guy Paul
Morin
Public pressure to produce a suspect -- media
Failed to secure and cover crime scene on part of police
Tunnel vision -- several suspects (4) known to police but not investigated
Faulty forensic evidence (Morin's hair matched hair in necklace)
o BUT hai a ee e a "ath"…oly siila
Mr. Big Sting (undercover cop in Morin's cell)
Jailhouse informants (Mr. X and Robert May)
Fabrication of evidence (notes taken by investigator, Michalowsky)
Judicial bias (Judge Donnelly) -- charge to the jury demonstrated bias for prosecution
Suppression and loss of evidence
Public Inquiry (Kaufman): "Causes of Morin's wrongful conviction rooted in systemic
problems"
o 114 recommendations
Included cautions for judges to admit hair evidence & use of jailhouse
informants testimony
James Driskell
Associated with people who had criminal records
Police intimidation
Tunnel vision
No preliminary hearing
Ciustatial eidee Diskell oe oig a .22 alie ifle…sae as oe that killed
P. Harder)
Police informants
o Lack of disclosure of identities of informants to defense
Informants (Zanidean & Guimeny) -- $ reward for information
o Lack of disclosure to defense & jury that they received compensation for
testimony and immunity
Misled jury
Perjured testimony
Prosecuted by George Dangerfield
Faulty forensic evidence
o DNA from the hairs were not Driskell but 3 separate individuals
Winnipeg police held own internal investigation but refused to disclose results
Driskell's charges were in a stay of proceedings and Crown didn't act upon them within
the year, so they expired
o Driskell deemed legally innocent BUT NOT factually innocent
Commission of Inquiry: First time they were asked to hold individual members
accountable for the miscarriage of justice
Kirk Bloodsworth
Week 4: Pre-trial
court
charged w. raping and murdering a 9yo girl- sentenced to death
DNA evidence found true killer decade later (18 have been exonerated since)
Systematic pressure- public and media
Media focus on bad aspects of Bloodsworth
Unfavourable defendant- pt worker, marijuana user
Tunnel vision
Sensationalization of FBI profiling- treated as science
Sveen witnesses placed Bloodsworth elsewhere at time of murder
Testimony of 11yo boy was the “clincher”
Only circumstantial evidence- no hard evidence
Failure to disclose evidence- prosecutors withheld evidence about another possible suspect
Ivan Henry
No one in CAD history spent more time in prison before acquittal
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