A SYSTEMIC VIEW ON ERRONEOUS CONDEMNATIONS DERIVED FROM THE WRONG RECOGNITION OF PEOPLE

• DOI: https://doi.org/10.22533/at.ed.2164122411065

• Palavras-chave: Criminal Justice System; People Recognition; Systemic Vision; Wrongful Convictions

• Keywords: Criminal Justice System; People Recognition; Systemic Vision; Wrongful Convictions

• Abstract:

  According to a survey by the Innocence Project, the mistaken recognition of people is one of the main causes of wrongful convictions in the United States. Each such conviction implies, in addition to the conviction of an innocent person, the acquittal of an accused person. This is a complex and multifaceted problem, the analysis of which covers other areas of knowledge such as Cognitive Psychology and Neurosciences. These erroneous convictions indicate a dysfunctionality in the Criminal Justice System. This problem must be analyzed according to the most diverse circumstances in which it occurs, from the perspective of the performance of each component of the Criminal Justice System. The objective of this work was to analyze erroneous convictions as a product of a dysfunctional system and not just as derived from the isolated action of the Judiciary. The research was bibliographical - national and foreign literature - and jurisprudential, taking as the initial time frame the decision of the STJ (Superior Court of Justice) in HC 598886, in which the understanding of this court on the mandatory procedure of article 226 of the CPP (Criminal Procedure Code) as a criterion for the validity of recognizing people. It was found that, indeed, identifying the problem and its possible solutions deserves a systemic view of the actions of everyone involved. The work aims to shed new light on an issue that has undermined the credibility and legitimacy of the Criminal Justice System, thereby, seeking its development and improvement.