Eight Myths of Justice

[marmar]

from In These Times:



Eight Myths of Justice
Innocent Americans are routinely convicted and incarcerated. The new book False Justice explains how.

By Steve Weinberg


In the 2006 U.S. Supreme Court ruling Kansas v. March, Justice David Souter and Justice Antonin Scalia conducted a public debate within their opposing written opinions. Discussing the fates of death row prisoners, Souter opined that in such high stakes cases, innocent men and women are too often found guilty. The “unusually high incidence of false conviction” is probably caused by “the combined difficulty of investigating without help from the victim, intense pressure to get convictions in homicide cases, and the corresponding incentive for the guilty to free the innocent,” Souter wrote.

Scalia countered that wrongful convictions are rare in capital cases because they “are given especially close scrutiny at every level, which is why in most cases many years elapse before the sentence is executed.”

For 40 years, I have researched, written about and obsessed over wrongful convictions. Souter’s thinking—heavily reliant on the research of Samuel Gross, a University of Michigan law professor who has demonstrated that wrongful convictions are more prevalent than most law enforcement insiders understand—is spot-on. Scalia’s is misguided, informed by a judicial culture more interested in speedy convictions than thorough investigations.

The law enforcement personage who recognizes the problem of false convictions is a rare and refreshing breed—and often comes from unlikely corners of the political ring. Republican politician Jim Petro, experienced an epiphany during his term as Ohio attorney general that surprised him, his wife Nancy and many of his supporters. The epiphany? Petro realized that a significant number of prisoners who say they are innocent are indeed innocent. He realized that wrongful convictions occur in multiple Ohio county courthouses and in federal courts. He realized that the number of wrongful convictions can be minimized, and that police, prosecutors, judges and defense attorneys can perform their jobs better. His newfound cause was well suited to his law-and-order way of thinking—when wrongful convictions occur, the actual perpetrators (murderers, rapists, burglars, etc.) go unpunished, and often murder or rape or burglarize again. ............(more)

The complete piece is at: http://www.inthesetimes.com/article/6530/eight_myths_of_justice

[Solly Mack]

1. k/r

[Stuart G]

2. Scalia is a fool, asshole, and idiot..please read

Wrongful convictions are very very common. In capital cases, police want a conviction. period....Rarely..is there enough evidence to overturn them. Or are there resources to investigate the cases..

In Illinois in the last 10 years, half, yes half of the 25 to 26 convicts on death row, were wrongfully convicted, and later proven innocent by
the work of several groups and dedicated lawyers....(working for free..now that is rare)
These groups did not exist before 1990, and one, was a group of law students who worked 24/7 on a case where the execution was stopped 72 hours before schedule.

You would have to do some research, but I am absolutely positive of the number.
I think it was 4 separate cases (maybe 5) , where varying excuses were made for wrongful convictions.
Each case was highly publicized and accounted in all news media. That is why I recall them.
After the last incident, then Governor Ryan suspended the death penalty indefinitely.

For Scalia not to know this in 2006, after the suspension by Ryan, (which got nation wide coverage) is incredible.
He doesn't give a shit, is an asshole, and idiot not to know about the Illinois situation,
which got nation wide publicity.

Furtheremore, the situation in Illionois, where there were a number of groups trying to overturn wrongful convictions is very rare..
There are few groups who have the time and money to do the investigations necessary..That is rare.
Most of the time, like in Texas when Bush was governor, the executions proceed. There 125 people were executed while Bush was governor.
He said, all were fairly convicted..I remember the asshole saying that at some point and thinking about the situation in Illinois.
Which is more common, 125 executions..none wrong..or stopping 12 of 25 ..because of wrongful convictioins?

[billlll]

3. end poverty, end 95% of street crime

Avoid the above mess
And avoid having victims

Progressive Rome had 1 murder/month years back when I checked...

My city here same size, 30/ month.

Wow.