The Wrongful Conviction Of David Milgaard

2179 Words9 Pages
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice. Society wrongful conviction of the case of David Milgaard, involving the rape and murder of Gail Miller in the year 1969 is no different than that of the millions of others that society has perceived as deviants and threats to the moral values and standards of the time.. By being labelled as luminal, groups are often perceived as being threatening to society and as a result tied to committing criminal activity. The police often have an image of the suspect before the suspect is distinguished (often the image deriving from the top members of society). In the case of David Milgaard, this use of character discrimination labelled him as a culprit based on appearance and not on whether he committed the crime or not. Unfortunately, David Milgaard just so happened to fit the infiltrator. Milgaard's appearance in society after the conviction of him being a rapist and a murderer affected him enough to stop appealing to the Supreme Court of Canada and carrying the burden of his sentence to spending a sentence of 27 years in
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