I saw yet another story tonight (this time on Fox 4 News) about a man who was wrongfully convicted 19 years ago. By the way, for the last 19 years, he has been in prison.
DNA cleared him.
Make no mistake about it: DNA won't clear someone from wrong accusations of DWI, Burglary, Arson, and, heaven forbid, Drug Possession.
That's why a jury must understand the concept of guilty "beyond a reasonable doubt". As I tell every jury panel, "that means that at the end of this trial, if you have a doubt about [insert client's first name]'s guilt, and that is a doubt that is reasonable to you, you must let him go."
A jury cannot afford to be wrong.
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3.20.2006
We Should All Be Frightened
I saw yet another story tonight (this time on Fox 4 News) about a man who was wrongfully convicted 19 years ago. By the way, for the last 19 years, he has been in prison.
DNA cleared him.
Make no mistake about it: DNA won't clear someone from wrong accusations of DWI, Burglary, Arson, and, heaven forbid, Drug Possession.
That's why a jury must understand the concept of guilty "beyond a reasonable doubt". As I tell every jury panel, "that means that at the end of this trial, if you have a doubt about [insert client's first name]'s guilt, and that is a doubt that is reasonable to you, you must let him go."
A jury cannot afford to be wrong.
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10 comments:
Anyone who has wrongfully been in prison for 19 years deserves to get several large bags of money when they get out.
I think way more than a few bags of money. I can't imagine what it would do to a person mentally. I agree with Barry 100%. Nothing can make up for 19 years behind bars, but whatever society (i.e. the legal system) can do to repay the wrongfully accused, they should.
Maybe if there were a $$$ amount connected with a verdict, people would think a little longer before they rush to a guilty verdict. How about, if a jury/lawyer/judge finds someone guilty who later is proven innocent by DNA, they have to split the cost of repayment to the person wrongfully accused - not the taxpayers who had nothing to do with the verdict. Let it come out of their personal pocket.
Just a thought....
he did recieve $250,000, also how can you blame the jury? the victim positivley identifed him. She should go to Prision for 18 years to make up for her mistakenly pointing him out of a lineup.
9:06 - you are certainly on track. Those who "positively" identify the accused incorrectly are very evil or incompetent. I don't know how to limit these false accusations but there should be some means. Having the state pay out big sums doesn't cut it.
As Barry pointed out, DNA can't help clear accused in most crimes. So just how many falsely convicted are serving time? I don't have any idea but if you were one, I bet you'd be more than a little upset.
$250,000 isn't even a good start for 19 years.
I agree with bigcatdaddy on both posts.
Our judicial system has many faults. On one hand, innocent people have been convicted of crimes that they did not commit. On the other hand, many more guilty people have gone free because the system in general, protects the guilty far more that the victim. Been working within the system for over 20 years. I have seen too many good cases dismissed "in the interest of justice". In other words, didn't want to jack with it. YES,we shound be frightened that someone could spend 19 years behind bars for a crime that he did not commit. Everything should be done that can be to right this wrong. We can't give hom his 19 years back. BUT, this should not be a platform for BARRY to sway the potential Wise county jury pool. The system works most of the time. Until someone comes up with a beter idea (take out the human factor?) it's all we got.
I agree with you 2:41 - it is the best system so far.
Also it is a good way to watch some lawyers hone up on their acting skills.
:-)
Anon 241 I agree with you. I think Jana should change her stamp from dismissed in the interest of justice to dismissed cause i am too d*** lazy.
He didn't received $250,000. He has to fight to possibly get $250,000.
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