Research On The Contemporary Prevention And Relief Mechanism Of Wrongful Conviction In The United States

Wrongful conviction is a common phenomenon in the world,every country has to face it during their criminal judicial procedures.The wrongful conviction is not only destruct the country's judicial authority and people's faith of judicial justice,but also do harm to exonerations' rights.Because of this,many countries have always been focus on the prevention and relief mechanism of wrongful conviction.They reform and improve the judicial system,establish the prevention and relief mechanism in the criminal judicial practice,in order to minimize the probability of wrongful conviction and reduce the adverse consequences.The criminal justice reform in the United States of the prevention and relief mechanism of wrongful conviction has accumulated a lot of useful experience for other country to learn.As a typical federal country,the judicial system is different from state to state in America.However,the prevention mechanism in the federal and states are coincident on the whole,including the preventive measures in the investigation stage and the prosecution stage.During the investigation and prosecution stage,the American judicial organizations take measures to improve the procedure of identification and interrogation and control the official's conduction.During the trial stage,the reform of the evidence system is mainly carried out,such as the Exclusionary Rule,evidence discovery systems,and the system of adopting scientific evidence are set up,and the confession of defendants is strengthened.In addition,attention is also required to strengthen the effective defense of lawyers.After the trial,the United States has provided innocent victims with multiple relief channels for the relief of the wrongful convictions.Overall,it is divided into official relief and civil relief.Official relief mainly consists of direct appeals and application for federal personal protection orders.However,due to the limitation of objective reasons,it is difficult for innocents to obtain relief through official channels.Therefore,non-governmental forces have begun to participate in the work of remediating wrong cases."Innocence Project" plays an important role in the United States.Now there are more than 50 non-government organizations working on related work in the United States.And,under the impetus of the "Innocence Project",a global "Innocent Network"has been formed.Compared with foreign countries,the prevention and relief of criminal wrong cases has always been a weak area of concern in China's judicial sector.Whether it is the detection of wrong cases or the remedy of wrong cases,it is more dependent on some accidental factors.At present,the prevention of criminal wrong cases mainly relies on the wrong case to investigate the responsibility system,but the effect is far from satisfactory.Regarding the prevention of criminal wrong cases,although there are also restrictions on the Exclusionary Rule,it has not played a good preventive role because it has not formed a complete system.How to learn from the United States and establish a system suitable to our country as soon as possible to curb the occurrence of criminal wrong cases and achieve judicial justice.