dc.description.abstract | The conviction of a factually innocent person
or conviction of an individual who did not make any
crime can be defined as a wrongful conviction. The
innocent persons are imprisoned due to wrongful
convictions not even in Sri Lanka but in USA as well. This
can be occurred due to eyewitness misidentification,
forensic error, false confession, police and prosecutorial
misconduct, failure of legal profession and judges.
Therefore time has come to take necessary action to
prevent such wrongful imprisonment and to produce
real offenders to the court and to charge them
accordingly for their criminal activities. Thus, this
research study is focused to find out the possible reasons
of wrongful convictions, to define the standard legal
framework in Sri Lanka for the wrongful convictions, to
evaluate the standard legal framework of the USA for
wrongful convictions and to assess the lessons that can
be learned from the USA to eliminate the wrongful
convictions in Sri Lanka. The qualitative research
method will be used for this research study. Under the
qualitative research method data has been collected
through primary and secondary sources. Primary
sources consist of national laws of Sri Lanka and USA. In
addition primary data has been gathered by
interviewing some legal practitioners in the field of
criminal law. Further secondary data has taken from
published books, e-databases, e-journals, e-theses and
e-books. In this research study, it is expected to find out
a specific mechanism for the Sri Lankan legal framework
from the USA legal mechanism to eliminate wrongful
convictions in Sri Lanka. | |