"Crazy idea: let's not try to put innocent people in jail" Man whoever thought of that is a fucking radical and needs to be stopped /s
"Then there's the fact that he had to pay the county $5 per day while he was on an ankle monitor, plus the cost of a landline to carry the monitor's signal. [...] She says they're still paying their legal bill in instalments." Just a thought: if you're wrongly convicted, don't you have a possibility to get compensation ? But if you're case is just dismissed before even going to trial, does it mean that the authoritie…
Could 'actual innocence' save the broken US justice system?
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Re: Could 'actual innocence' save the broken US justice system?
#22Is the US system really as kafkaesque as the article makes it sound? I.e. arbitrary decisions by individual officials can ruin peoples lives without a fair due process, and that the officials have a strong incentive not to be charitable?
Re: Could 'actual innocence' save the broken US justice system?
#23... they trusted a polygraph more than the rest of the judicial process. That really doesn't say anything good about the 'normal' process, then.
"Piper says that though they know these kinds of tests can be unreliable, being confronted with the chance to take one can filter out disingenuous defendants. Regardless of the results of the test - which are inadmissible at trial due to issues with the reliability of the technology - the assistant state's attorney (ASA) in charge of the case would also perform a [...] review of all the evidence."
So basically does that mean that although they don't trust the polygraph, they trust the defendant's trust in the polygraph? That seems shaky and subject to change.
Re: Could 'actual innocence' save the broken US justice system?
#24Re: Could 'actual innocence' save the broken US justice system?
#25Polygraph? What kind of joke is this? Polygraph don't prove or disprove the innocence. It's useless.
Re: Could 'actual innocence' save the broken US justice system?
#26Is the US system really as kafkaesque as the article makes it sound? I.e. arbitrary decisions by individual officials can ruin peoples lives without a fair due process, and that the officials have a strong incentive not to be charitable?
No. It's probably worse. E.g. you can get life in prison for 3 "strikes", even if it's for something like stealing cookies. You know, the thing Europe derided back in 19th century with Jean Valjean. A 15 year old can be sentenced to death (and has). A man that's later proven innocent can rot in jail for decades without much recourse. The 5% of the world's population have 25% of the world's prisoners. ...
I sat on a jury once for a car thief. He totally did it, the police detective who testified was very thorough and professional, plus the accused did not dispute that he'd been caught driving the stolen car (he blamed someone else for the actual theft) but we listened to both sides and deliberated for a couple hours, considering everything. There was a lot of solid evidence, I am certain he did it even though I'm sceptical about what the police say (I have absolutely seen them lie under oath on multiple occasions). I am well aware of the concept of jury nullification.
We were a little confused why the guy didn't take a plea deal and went to trial but we took the job of jury seriously and after looking at the evidence we were comfortable saying he was guilty. The problem was that we had no idea this was the guy's 'third strike' and the judge mentioned this only a moment before sentencing him to life imprisonment. Several on the jury were clearly surprised by this and I think had we known it may have changed our verdict.
The defendant was a young man, and I am not convinced that sending him to prison for several decades for stealing a car (which was recovered undamaged) is of any benefit to society. Being on a jury means you are definitely not going to see the 'big picture' and when combined with mandatory minimum sentencing, this can be a problem.
Re: Could 'actual innocence' save the broken US justice system?
#27Re: Could 'actual innocence' save the broken US justice system?
#28Re: Could 'actual innocence' save the broken US justice system?
#29Is the US system really as kafkaesque as the article makes it sound? I.e. arbitrary decisions by individual officials can ruin peoples lives without a fair due process, and that the officials have a strong incentive not to be charitable?
Re: Could 'actual innocence' save the broken US justice system?
#30Earlier quoted context omitted.
No. It's probably worse. E.g. you can get life in prison for 3 "strikes", even if it's for something like stealing cookies. You know, the thing Europe derided back in 19th century with Jean Valjean. A 15 year old can be sentenced to death (and has). A man that's later proven innocent can rot in jail for decades without much recourse. The 5% of the world's population have 25% of the world's prisoners. ...
This 'Three Strikes' rule is a real problem in America, removing a judge's ability to exercise discretion and well...judge. Also, the jury may not be informed about it before deliberating. I sat on a jury once for a car thief. He totally did it, the police detective who testified was very thorough and professional, plus the accused did not dispute that he'd been caught driving the stolen car (he blamed someone else f…