Innocent Individuals Research Articles

Divine ambiguity: A philosophical inquiry into God’s uncertain decisions

The debate surrounding the nature and attributes of God as presented in the Bible has garnered significant attention and critique from various philosophical perspectives like Friedrich Nietzsche, Bertrand Russell and David Hume. This philosophical critique emphasises the inconsistency in the nature of God and challenges traditional theological beliefs. The expression of regret by the God of the Bible in Genesis 6:6 raises philosophical dilemmas regarding divine attributes and the problem of evil. The contradiction between God’s regret and the affirmation of his creation as good underscores fundamental questions about divine omniscience, omnipotence and benevolence. The presence of evil and suffering in the world poses a significant challenge to the notion of a loving and all-powerful God. Examples of human suffering, such as slavery, colonisation, apartheid and natural disasters, further highlight the complexity of reconciling divine attributes with the existence of evil. Philosophically analysing biblical narratives, such as the story of Job, Noah’s flood and the plagues of Egypt, raises ethical concerns regarding divine justice and the moral agency of humanity. Additionally, the indiscriminate punishment of innocent individuals in these narratives challenges the credibility of a benevolent and compassionate God. The philosophical inquiry into the problem of evil and natural disasters underscores the need for a nuanced understanding of divine attributes and their implications for human existence.Contribution: The study encourages reflection on key questions about the nature of divinity, the morality of divine actions, and the compatibility of traditional theology with rational thought. It highlights how inconsistencies in certain biblical accounts challenge those trying to balance faith with reason and scientific understanding. While some may view these narratives as metaphors or allegories, others find it difficult to align them with their intellectual beliefs, resulting in tensions between religious faith and scientific rationality.

Forensic Science and How Statistics Can Help It

ABSTRACTThe persistent issue of wrongful convictions in the United States emphasizes the need for scrutiny and improvement of the criminal justice system. While statistical methods for the evaluation of forensic evidence, including glass, fingerprints, and deoxyribonucleic acid, have significantly contributed to solving intricate crimes, there is a notable lack of national‐level standards to ensure the appropriate application of statistics in forensic investigations. We discuss the obstacles in the application of statistics in court and emphasize the importance of making statistical interpretation accessible to non‐statisticians, especially those who make decisions about potentially innocent individuals. We investigate the use and misuse of statistical methods in crime investigations, in particular the likelihood ratio approach. We further describe the use of graphical models, where hypotheses and evidence can be represented as nodes connected by arrows signifying association or causality. We emphasize the advantages of special graph structures, such as object‐oriented Bayesian networks and chain event graphs, which allow for the concurrent examination of evidence of various nature.

Miscarriage of justice and expert evidence on the credibility of children's testimony: Some issues regarding its use in Chile and Spain

The purpose of this article is to examine the expert evidence on the credibility of children's testimony and the potential risks it poses as a source of error in the criminal justice system. To achieve this, under the regulatory prism of Chile and Spain, we will identify the main techniques and procedures commonly used in this type of evidence and we will explain how their high margin of error does not align with the requirements of the presumption of innocence and reasonable doubt. Therefore, due to its questionable status as regards reliability and acceptability, we will conclude that this evidence should only be used as peripheral corroborative support of testimony in qualified cases, aiming to minimise its potential negative impact on the wrongful conviction of innocent individuals.

Punishing the Innocent: An Insight into Wrongly Convicted Individuals

Wrongful convictions have increasingly plagued the Indian criminal justice system. Instances of innocent individuals being wrongfully prosecuted suggest that some states witness convictions at trial stages, only for the accused to be acquitted upon appeal. However, there is no established system for identifying or tracking individuals wrongfully convicted, as state officials do not maintain records of acquittals or discharges. This lack of oversight perpetuates erroneous miscarriages of justice, resulting in innocent individuals not only losing their rights but also facing social alienation. This study examines the phenomenon of wrongful convictions in India, exploring its causes, consequences, and potential solutions. Drawing upon legal analysis and case laws, this study identifies various factors contributing to wrongful convictions, including flawed investigation procedures, police misconduct, inadequate legal representation, and systemic issues within the criminal justice system. Furthermore, it highlights the social, psychological, and economic tolls experienced by wrongfully convicted individuals and their families. The study also discusses the challenges faced in rectifying wrongful convictions and proposes a range of reforms aimed at preventing future injustices, such as improving investigation techniques, enhancing legal aid services, strengthening judicial oversight, and promoting public awareness and advocacy. By addressing the root causes of wrongful convictions and implementing systemic reforms, India can strive towards a more equitable and just legal system that upholds the rights and dignity of all individuals. In addition the purpose of this study to find out what approaches the state utilizes to resolve this issue of wrongful conviction and also aims to emphasize what are the remedies already available under existing laws and also to underline the need of standard legal framework for looking compensations to victims of wrongful convictions.

Frequent Presentation of Counterfeit Gunshot Wounds in a Tertiary Care Hospital in North India: A Case Series

Introduction: Self-inflicted wounds, or wounds produced by another acting in accord with him, are wounds inflicted by a person on his own body. The purpose of fabricating injuries is to file a false claim of assault against an opponent, to alter the appearance of a minor injury in order to attract more attention and a harsher punishment for the alleged accused. Someone may also pretend these as defence wounds, so as to conceal homicide.Result: In a short period of 1 year, i.e. from August 2020 to July 2021 in a single unit of Department of General Surgery, 8 cases of Counterfeit Gunshot Wounds are there which depicts that the foul play is at large scale and these gunshot wounds are not present over the vital organs of the body.Conclusion: The combined efforts of all investigating authorities and doctors can help to avoid injury fabrication, which will not only decrease wasteful litigation in the courts, but will also help to avoid harassment of innocent individuals.

Yakov Bok: A Humanist’s Odyssey in Bernard Malamud’s The Fixer

In a Jewish context, a man experiences numerous upheavals for which he bears no responsibility. In Bernard Malamud’s novel The Fixer the central character, Yakov Bok, undergoes a compelling journey. This journey takes us through the turbulent world of Tsarist Russia where a Jewish individual is fraught with hardships. In fact, Bok’s odyssey reveals the profound challenges inherent in the existence of a Jewish man within the societal context. This paper aims at dissecting the profound transformation of Yakov Bok against the backdrop of a society rife with prejudice and injustice. It also broods over how Bok’s journey, marked by unjust imprisonment and enduring suffering, catalyzes his evolution from an ordinary Jew to an extraordinary human being. Yakov Bok emerges as a heroic figure, staunchly confronting the systemic victimization of innocent individuals within the complexities of his society. Further this research article explores how the immediate context of the novel is resonating with universal themes of human struggle and resilience. Yakov Bok’s narrative serves as a powerful allegory for the broader human experience, emphasizing the enduring relevance of these themes in contemporary society. The article elucidates the painful existence of a Jewish protagonist by portraying his life’s trajectory as a metaphor for poignant dilemmas confronting humanity in the current era. Within this intricate narrative, His tough journey is marked by the endurance of profound adversities notwithstanding his impeccable innocence in a criminal charge. At the same time, it traces his metamorphosis from an unremarkable Jew into a formidable luminary. What it finally affirms is that the freedom to live is not merely the freedom to experience, but also ironically the freedom to struggle and even to suffer.

The effects of confessions on misconduct and guilty pleas in exonerations: Implications for discovery policies

AbstractResearch SummaryUsing data from the National Registry of Exonerations, we examined how the presence of confession evidence impacts prosecutors’ tendency in order to (1) commit misconduct in any form (e.g., permitting perjury and witness tampering) and (2) specifically withhold exculpatory evidence (i.e., evidence favorable to the defense). We assess these relationships particularly in the context of wrongful convictions by guilty plea from an innocent individual (i.e., false guilty plea [FGP]) or guilty verdict at trial. We show the presence of false confessions increased the likelihood of (1) prosecutors engaging in misconduct generally and (2) prosecutors withholding exculpatory evidence specifically. However, the presence of prosecutorial misconduct and withholding evidence decreased the odds of a wrongful conviction via an FGP compared to wrongful conviction via guilty verdict.Policy ImplicationsPolicies encouraging prosecutorial transparency and accountability are needed in order to better identify misconduct when it occurs, particularly in the context of guilty pleas. Open‐file discovery policies, which aim to provide full transparency, may prevent prosecutors from intentionally or unintentionally withholding evidence when faced with strong evidence like a confession, which could ultimately decrease the potential of wrongful conviction.

Whipping for adultery in the perspective of human rights in Lhokseumawe

This study aims to evaluate the human rights implications of the whipping punishment for adultery cases in Lhokseumawe City, Indonesia. The research methods used in this research are empirical. Data was collected through a combination of fieldwork and libraries. The data were analyzed in a qualitative manner. The result of the study shows that the administration of the whipping punishment for adultery offenders does not violate human rights because it has been founded on Islamic law, specifically the Qur'an and Hadith in Aceh, and has taken into account the safety of whipping convicts. The whipping is considered a violation of human rights if used on innocent individuals. Whipping punishment is carried out in Aceh against convicts after obtaining approval from the Syari'ah Court, and the whipping punishment is conducted based on a court decision ordered with permanent legal effect. It is recommended that the Lhokseumawe Municipality Institution and the authorities strengthen and strictly enforce whipping restrictions so that whipping is produced in accordance with the principles of Islamic Shari'ah. Residents of Lhokseumawe should be more supportive and comply with the established regulations.

Digital Evidence in Police Investigation: A Comparative Analysis of Challenges Faced in India, the UK and the United States

This research explores the challenges posed by the use of digital evidence in criminal investigations, particularly in the context of fair trial and the presumption of innocence. The article identifies three key issues that could compromise the impartiality and presumption of innocence in investigations, namely, improper and inconsistent use of technology, outdated procedural assurances and a lack of reliability testing in practice. The findings highlight the need for legislative intervention, enforcement of standards and implementation of validation procedures for digital evidence to protect innocent individuals and all parties involved in criminal proceedings. The article also examines how digital evidence practices adhere to fair trial standards and how technology-assisted investigations affect criminal procedures. The study draws on data obtained from a project conducted by the Economic and Social Research Council on the application of digital forensics in police forces in England and the United States. The research provides insights into the evolving nature of investigations in connection to the rising demand for digital expertise and the distribution and coordination of related resources in the police forces.

The Linguistic Disposition of Emergency Callers: Using Proximity Coefficients to Identify the Sentiments of Guilty and Innocent Emergency Callers

AbstractStaging an emergency call is a form of detection avoidance that can obscure evidence and mislead police investigations. For example, having killed a person, a caller may stage an emergency call to cover it up as an accident, or a person having killed a victim may dispose of the body and call emergency services to claim they are missing. Similarly, inaccurately categorising an emergency call as staged can have large consequences on investigations. The aim of the current research is to assist with the use of emergency call analysis in police investigations by focusing on callers’ underlying psychological sentiment or ‘linguistic disposition’ (LD) in staged and authentic calls. The transcripts of real-world emergency calls from guilty and innocent individuals were linguistically analysed for markers of LD to develop an understanding of callers’ LD towards the subject of the call. Linguistic indicators were then quantified with a method known as proximity coefficients, which showed a difference in the type of disposition exhibited between guilty and innocent callers towards the subject of the call. These findings provide an initial step towards understanding how LD can be used to inform police investigations and outline the next steps for future research.

Innocence Mortality Tax: The Impact of Wrongful Conviction on Lifespan

The wrongful conviction of innocent individuals is a growing problem for those unjustly convicted and the integrity of our legal system, with exonerees often struggling post-exoneration. Yet, too little is known about the long-term impact of wrongful convictions on those unjustly convicted. Thus, we investigated the effect of wrongful conviction on mortality and lifespan—that is, we tested for the possibility of an “innocence mortality tax.” We found that more exonerees have passed than expected when compared to U.S. death rates, and that exonerees died 13.24 years earlier than expected, given their age, gender, race/ethnicity, and incarceration length. Finally, those exonerees whose cases involved a false confession or mistaken eyewitness identification died significantly sooner than their counterparts. Our results highlight the need for researchers, practitioners, and policymakers to continue to find ways to mitigate the harm done to innocent individuals unjustly convicted.

______________________________________________________________________________ 68 Multi-Gender Perspectives about POSH – Is The Policy Gender Inclusive?© 2023 by Ms. Jaya Yaduwanshi & Mr. Vinish Shaji is licensed under CC BY-NC 4.0 Multi-Gender Perspectives about POSH – Is The Policy Gender Inclusive?

The paper delves into the multi-gender perspectives surrounding the POSH policy's effectiveness and inclusivity. The research incorporates case studies and qualitative data to analyze the impact of the POSH policy on both men and women. The research also addresses the rising concerns of false or malicious complaints and the negative consequences they have on innocent individuals. The study employs exploratory and qualitative research, with case studies from professionals working in various corporate sectors. The respondents' views reveal a prevalent bias towards women, leading to the neglect of men's experiences of sexual harassment. The major findings of the study underline the urgent need for gender-neutral laws and increased awareness of sexual violence against men. Also suggestions are made for crucial amendments to the POSH Act to safeguard men's rights and protect them from exploitation. The paper advocates for a collective effort to recognize and support all victims of sexual violence, regardless of gender, to ensure a safe and inclusive work environment for all individuals.

Terrorism at Rise with the Chemicals Insight: Use of Chemical Warfare Agents an Issue of Global Concern

Crime has led to a worldwide increase with a main weapon of offence including not only a physical object but show the incidences of involvement of chemicals also. Chemical warfare agents are one such example commonly employed by large group of people, mainly violent criminals who not only wants to create a terror or threat in the world but to cause war scale destruction. There are numerous of incidents reported from past showing the involvement of hazardous chemicals for committing crimes. Chemical Warfare Agents (CWA) are synthetic chemicals used in the warfare as weapons, which are highly toxic and lethal to the extent that can cause temporary incapacitation, permanent health damage and even death of the targets. Common examples of these agents are nerve agents, vesicants, incapacitating agents, blood agents, and riots control agents. These agents are variedly classified as per the above-mentioned categories depending onto the effects and adverse effects they poses on human health and on society. The rate of crime commission using these hazardous agents is very rapid, thus making it an issue of serious concern to take measures to prevent innocent individuals.

Finding the missing: using statement analysis to assist in missing persons cases

PurposeThe purpose of this paper is to address the complexity of missing persons cases and highlight the linguistic differences that arise in this type of crime. Missing persons cases are typically very complex investigations. Without a body, crime scene forensics is not possible, and police are often left only with witness and suspect statements. Forensic linguistics methods may help investigators to prioritise or remove suspects. There are many competing approaches in forensic linguistic analysis; however, there is limited empirical research available on emerging methods.Design/methodology/approachThis research investigates Statement Analysis, a recent development in linguistic analysis that has practical applications in criminal investigations. Real-world statements of individuals convicted of or found to be not guilty of their involvement in missing persons cases were used in the analyses. In addition, Behaviour Sequence Analysis was used to map the progressions of language in the suspects' statements.FindingsResults indicated differences between the guilty and innocent individuals based on their language choices, for example, guilty suspects in missing [alive] cases were found more likely to use passive language and vague words because of high levels of cognitive load associated with the several types of guilty knowledge suspects in missing persons cases possess. Of particular interest is the use of untruthful words in the innocent suspects’ statements in missing [murdered] cases. While typically seen in deceptive statements, untruthful words in innocent statements may result because of false acquittals.Originality/valueThis research provides some support for Statement Analysis as a suitable approach to analysing linguistic statements in missing persons cases.

Punishing the Non-convicted Through Disclosure of Police Records

Abstract As police records expand with big data analytics, so too has the range of non-conviction information seeping into the public domain through criminal background checks. Numerous studies have documented the negative effects of background checks for those with criminal convictions, but less understood are the effects of non-conviction records. We draw on 8 focus groups and 52 interviews to understand how the release of non-conviction records are: (1) creating new institutional risk management pressures for police institutions, (2) expanding the role of employers as arbiters of risk, (3) redefining understandings of ‘the risky subject’ to include victims, those with mental health challenges and other innocent individuals subject to police contact and (4) raising critical legal questions about privacy and presumptions of innocence.

Shifting Punishment onto Minorities: Experimental Evidence of Scapegoating

Abstract Do members of a majority group systematically shift punishment onto innocent members of an ethnic minority? We introduce an experimental paradigm, punishing the scapegoat game, to measure how injustice affecting a member of one's own group shapes punishment of an unrelated bystander. When no harm is done, we find no evidence of discrimination against the ethnic minority (Roma people in Slovakia). In contrast, when a member of one's own group is harmed, the punishment ‘passed’ onto innocent individuals more than doubles when they are from the minority, as compared to when they are from the dominant group.

Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes

The act of giving and receiving has been a practice since feudal times. Gifts or tributes to kings or officials, among other forms of giving, are part of traditional customs and are considered social etiquette. To address these issues, the authors analyze the theory of criminal liability, lawlessness, legal pluralism, and the legal system. This research uses a normative juridical research methodology. The findings reveal that there are no clear boundaries concerning regulations related to bribery and gratuities, specifically regarding gifts or promises in which civil servants or public officials can or cannot accept. The application of the bribery and gratuity clause was misdirected, resulting in innocent individuals being punished while the guilty were acquitted.

Who Framed Roger Rabbit? Probably the Secret Codes

Roger Rabbit was falsely accused of murdering Marvin Acme, the owner of Toontown, after photos revealed Acme’s alleged affair with Roger’s wife. A few snapshots, while seemingly harmless, brought a 104-minute journey into uncovering the truth and scandal behind the murder and proving Roger’s innocence. And while the camera that took the photos was not necessarily a criminal justice technology that framed Roger Rabbit, there are real-life cases where a DNA software or a breathalyzer has negatively affected many defendants. Despite the proven usefulness of these technologies, it is not a perfect method in accusing and convicting defendants. The criminal justice system, however, might disagree. Yet, there are many occasions where technology has wrongfully accused an individual, and its lack of source code transparency has created a roadblock for defense counsel. That roadblock is known as the trade secret privilege. When defense counsel seeks access to source code information to determine the accuracy and reliability of a technology’s data outputs, the owners of these technologies claim “trade secret.” By claiming that privilege, trade secret holders are exercising their intellectual property right to refuse disclosure of their technologies’ secret information. But at what cost? In early 2021, California Representative Mark Takano gave criminal defendants a glimpse of what the end of this seemingly absolute privilege could look like. That hopeful future clothes itself in the form of H.R. 2438, which would regulate admissibility of trade secret information and place a ban on claiming the privilege in criminal proceedings. And the bill’s future may be solidified if Congress chooses to pass this bill, which it should. This Comment argues the lives and constitutional rights of defendants outweigh the protection of intellectual property in the criminal justice context. By evaluating the policy reasons favoring criminal defendants and considering the importance of trade secret rights, this Comment argues why H.R. 2438 should be passed to keep criminal justice technologies accountable and to ensure the liberty of innocent individuals.

Saving lives one bale at a time: cotton production’s connection to lynchings in the U.S. South during the early Twentieth Century

ABSTRACT The extralegal lynching of innocent individuals from discriminated groups remains a dark, lasting mark on the United States’ history. Following the conclusion of the Civil War, former slaves and their descendants were frequent targets for this form of violence. A significant existing literature finds various contributing factors to the pattern of violence. However, the current paper is the first to document a relationship between the weather and the lynching of African Americans in the U.S. South during the early twentieth century. Within affected communities, we find heavy May rains reduced cotton yields which raises the probability of a lynching during the subsequent year.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.