Wrongful Convictions in Death Penalty: Effects of Systematic Failures on Rule of Law Hampering Fair and Just Punishment
Author: Aiza Musaddiq, Aina Nadeem
Abstract
The irreversible nature of death penalty necessitates an unwavering commitment to justice, especially in the light of the alarming incidence of wrongful convictions. Wrongful conviction in death penalty undermine the integrity of the justice system, revealing its potential for cruelty and inhumanity. Such miscarriages of justice not only violate individual rights but also erode public confidence in legal system. This paper delves into complexities surroundings wrongful convictions and the death penalty from both international and national perspective with a focused analysis of Pakistan judicial history, specifically the trial and execution of Zulfikar Ali Bhutto. Wrongful convictions have devastating consequences as individuals unjustly sentenced to death endure loss of freedom, psychological trauma, and, in some cases, execution. Their families suffer emotional distress and socioeconomic hardships, especially when the convicted person is the primary breadwinner, in this particular way society at large experiences a decline in confidence in the judicial system questioning its fairness and reliability. It concludes with recommendations aimed at reducing the risks of wrongful convictions in death penalty cases.
Keywords
Wrongful Conviction, rule of law, death penalty, systematic failure, justice, Bhutto case
References
“Alan Newton” (Innocence Project, February 29, 2016) https://innocenceproject.org/cases/alannewton/
“Cameron Todd Willingham: Wrongfully Convicted and Executed in Texas” (Innocence Project,
September 13, 2010) https://innocenceproject.org/cameron-todd-willingham-wrongfullyconvicted-and-executed-in-texas/
“US Executes Death Row Prisoner Troy Davis” (Amnesty International, September 22, 2011)
https://www.amnesty.org/en/latest/press-release/2011/09/us-executes-death-row-prisonertroy-davis/ accessed 10th June 2024.
Aamer A, Ayub K., & Khan R. ‘Legal Framework on Compensation for Wrongful Conviction in
Pakistan: A Comparative Analysis with Washington and England Laws’. (2023) Journal of
Social Sciences Review.
Ben F, ‘Wrongfully convicted woman sues Pakistani courts after 19 years in jail’ The National News
(18 March 2020) https://www.thenationalnews.com/world/asia/wrongfully-convictedwoman-sues-pakistani-courts-after-19-years-in-jail-1.994127 accessed 10 June, 2024.
CHEN S, CHUA E, ‘Wrongful Convictions in Singapore: A General Survey of Risk Factors’ (2010)
Singapore Law Review.
Costa DHD, Njaine K, Schenker M. ‘Repercussions of homicide on victims’ families: a literature
review’ (2017) Cien Saude Colet.
Davis v State [1993] 263 Ga 5, 426 SE 2d 844 (Ga).
Hasnaat M, ‘ Wrongful hangings expose flaws in justice system’ The Express Tribune (22 October
2016) https://tribune.com.pk/story/1207101/criminal-negligence-wrongful-hangings-exposeflaws-justice-system?amp=1 accessed 10 June, 2024.
Huff R, ‘Wrongful Conviction And Public Policy: The American Society Of Criminology 2001
Presidential Address’(2006) Criminology.
Ito K, ‘WRONGFUL CONVICTIONS AND RECENT CRIMINAL JUSTICE REFORM IN JAPAN’
(2013) University of Cincinnati Law Review University of Cincinnati Law Review.
La Vign Nancy, ‘Wrongful Convictions: The Literature, the Issues, and the Unheard Voices’ (2023)
National Institute of Justice Special Report.
Le LC and others, ‘Wrongful convictions in Asian countries: A systematic literature review’ (2023).
INTERNATIONAL JOURNAL OF COMPARATIVE AND APPLIED CRIMINAL
JUSTICE.
Naeem S, ‘After 20 years: Asma Nawab, two others acquitted by Supreme Court’ The Express Tribune
( 3 April 2018) https://tribune.com.pk/story/1676389/asma-nawab-case-woman-accusedkilling-family-acquitted-20-years accessed 10 June, 2024.
Newton v City of New York [2009] 640 F Supp 2d 426 (SDNY).
Norris R, Kevin J.M, ‘Framing innocence: An experimental test of the effects of wrongful convictions
on public opinion’ Journal of Experimental Criminology.
Omer I.M, ‘Righting Wrongs’ Dawn (01 September 2019) https://www.dawn.com/news/1502894
accessed 10 June 2024.
REFERENCE NO. 1 OF 2011 (Reference by the President of the Islamic Republic of Pakistan under
Article 186 of the Constitution), 2024 PLD SC 212.
Rizer A.L. III (2003) “The Race Effect on Wrongful Convictions,” William Mitchell Law Review.
Schneider R, Bartlett J, & Zottoli T, ‘Wrongful Conviction’, (2022). Routledge.
Scott L, ‘It Never, Ever Ends: The Psychological Impact of Wrongful Conviction’(2009) American
University Criminal Law Brief American University Criminal Law Brief.
Sumampouw N, and others, ‘Knowledge about eyewitness testimony: A survey of Indonesian police
officers and psychologists’ (2021) Psychology, Crime & Law.
Willingham v State [1995] 897 SW 2d 351 (Tex Crim App)
DOI: 10.52279/jlss.07.01.6572 | 65-72 | PDF