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North Dakota Wrongfully Convicted

Location:

Cass County, ND

#1 MOST CORRUPT COUNTY, AND

#1 MOST CORRUPT STATE.

Mission Statement:

To Unite real Americans to fight the corruption in Law and Government by Revolutionary overthrow of the real criminals in power of Government and Law, and to ultimately restore our Constitution which belongs to "We the People".

A resource for people everywhere to educate, communicate, share knowledge and stories, and bring awareness to an alarming problem in America, Convicting INNOCENT people.

Email:

NoDakWrongfullyConvicted@gmail.com

Motto: America has Too Many Wrongfully Convicted people. And America has Too Many Laws.

Solution:

Revolution is the Final Solution!

Declaration of Independance

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of United States, and Kings of these US States is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

To prove this, let Facts be submitted to a candid world:


"The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants.

The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves" -James Madison, June 1785.

"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." --(Thomas Jefferson)

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops..." - Noah Webster

Join the American Revolution II.

If you are really serious about fighting for "YOUR" Freedom you must join a revolutionary group, or fight by Lone Wolf tactics. I am gathering fighters for our cause. Send us your email of interest to protect your Bill of Rights. We need numbers to overthrow the corrupt tyrannical powers. If you cannot join a group fight by Lone Wolf Tactics, and Last Resort efforts which require Armed Force.

It is the American Way.

    • Reinstate & Legalize the US Constitution, and the People's Bill of Rights.

    • Encarcerate All Traitors, Perjures, and All Domestic Enemies of the US Constitution including All Law Makers & Law Enforcers of Un-Constitutional Laws.

    • Overhaul the entire Legal System.

    • End Immunity for Law Makers, Judges, Prosecuters, & Law Enforcement. Hold them at least Equally Accountable as a Citizen, or more.

    • Nullify All Un-Constitutional Laws.

    • Eliminate frivalous Laws, and eliminate Laws which impede the Peoples Liberties, and all Laws which empower the Governments. America has too many Laws, and many are not understandable. Reduce the number of Laws, and make them understandable so that each American citizen know the rules of the game, and so that deceiving and cunning Law enforcement cannot create and manufacture bogus crimes against the citizens, nor can vengeful citizens mis-use the Laws to manufacture false accusations against other citizens.

    • Equal enforcement, and protection of all Laws.

    • Reinstate the Presumption of Innocence. Proof based. False arrests and Wrongful Convictions are frequent due to False Allegations. Therfore, all allegations should require proof.

    • Create neutral Independant review boards to investigate each case after all court trials to check for all possible errors in judgement, and any misconducts that lead to a Wrongful Conviction.

    • Funding for Innocents organizations which investigate Wrongful Convictions.

    • Funding sources for the review board, and Innocents organizations should come from each Government doing the prosecuting.

    • Exonerations, and expunging the records of all those proven Innocent.

    • Compensation to all the Wrongfully Convicted.

    • Court Trials should be based on facts, and evidence only. Mere Allegations, and all possible human errors (i.e., mis-interpretation, mis-identification, false accusations, etc.) alone should never be the sole evidence that convicts any person. Court judgements should not be a popularity contest where media misinformation and media smears can wrongfully convict Innocents. Nor should a group of people disliking a certain individual, conspiring, be allowed to give false accusations against that person, or any mis-use of Law for vengeful purposes.

    • Increase research for more scientific based means of evaluating cases. For example, Lie Detectors would be one of the best means to help prove Guilt and Innocence if it can be perfected.

    • False Accusations, False Reporting, or Perjury is a crime, and therefore should be charged and punished to help prevent Lies being used to Wrongfully Convict the Innocent.

    • Law Enforcement should not be given any more credibility in Court decisions. Rather Law Enforcement should get less credibility in Court decisions since Police reporting is most often False, and distorted by daily interactions and observations of many crime events which cloud Officers perception of Truth, and carry into future interactions. Law Enforcement develop a psychological false perception of truth with each interaction. Law Enforcement begin to see the world in a more negative way that falsely reflect over into future daily interactions.

    • End all Incentives in Law. Money and Political Goals create too many incentives for Law Enforcement to Lie, and for Courts to Wrongfully Convict Innocents. Remove money, and quota's from the Legal equation entirely. Law Enforcement should not receive grants, rather it should be budgeted operating allowance only to remove incentives which creates evils in policing. Similarly, the court system should not be a "for profit" enterprise, nor for personal gain, nor a revenue source for Governments.

  • End Special Interests, and end un-equal Government fundings. Government funded programs should be owned by all the People as a whole based on portions payed. Corporate recipients should not be entitled to sole ownership of the funds and profits of Government funded programs, rather it should be a Partnership Enterprise between the People and the Corporate structure based on the amount of the funding from the People. Profits of Government funded programs should be equally divided back to the People in proportion to the funding.

  • Government funding should not be used for corruption, fraud, or as incentive for evil or criminal purposes. Government should be minimal, and act only within Constitutional provisions.

  • End Government Supremacy. Return all power back to the People as instituted by the US Constitution Bill of Rights.

  • Computerized Virtual Courtroom to eliminate Judge, Jury, Prosecutor, and Lawyer. Computer can simultaneously extract all laws, and the Constitution to produce a fast and speedy trial based on the Constitution as intended. The Computer will also nullify all Unconstitutional laws, and it will delete all laws that contradict other laws.

Quotes

'When the debate is lost, slander becomes the tool of the losers.' Socrates

"He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."

Declaration of Independence

“Every political system has a source of corruption growing within it, from which it is inseparable. For kingship it is . . . tyranny, for aristocracy it is oligarchy, and for democracy it is government by brute force.”

Polybius

“Peoples lives are being shattered and destroyed by a mere allegation. Some are true and some are false. Some are old and some are new. There is no recovery for someone falsely accused - life and career are gone. Is there no such thing any longer as Due Process?”

Donald Trump

"You shouldn't be partners with a Gas Killing Animal who kills his people and enjoys it!"

USA President Trump

"A rich enemy excites their cupidity;

a poor one, their lust for power.

East and West alike have failed to satisfy them. They are the only people on earth to whose covetousness both riches and poverty are equally tempting.

To robbery, butchery and rapine, they give the lying name of 'government'; they create a desolation and call it peace...”

Tacitus

“They have plundered the world, stripping naked the land in their hunger.

... they are driven by greed, if their enemy be rich;

by ambition, if poor.

They ravage, they slaughter, they seize by false pretenses, and all of this they hail as the construction of empire. And when in their wake nothing remains but a desert, they call that peace.”

Tacitus

"The claim and exercise of a Constitutional right cannot be converted into a crime."

Miller v. U.S. 230 F 2d 486, 489

“Those who have committed no faults want no pardon. We are only defending what we deem our indisputable rights.”

George Washington

"Government is in reality established by the few;

And these few assume the consent of all the rest.

Without any such consent being actually given."

Lysander Spooner

"We may add that frequent punishments are always a sign of weakness or remissness on the part of the government. There is not a single ill-doer who could not be turned to some good. The State has no right to put to death, even for the sake of making an example, any one whom it can leave alive without danger."

Rousseau

"IF we ask in what precisely consists the greatest good of all, which should be the end of every system of legislation, we shall find it reduce itself to two main objects, liberty and equality — liberty, because all particular dependence means so much force taken from the body of the State and equality, because liberty cannot exist without it...." Rousseau

"When Law and Morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the Law."

Fred Bastiat

We can have justice whenever those who have not been injured by injustice are as outraged by it as those who have been.

Solon (594 B.C.)

"He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself." Thomas Paine

"The nine most terrifying words in the English language are: I'm from the government and I'm here to help."

Ronald Reagan

"If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?" Frédéric Bastiat

"I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurptions" James Madison

"Whenever people...entrust the defense of their country to a regular, standing army, composed of mercenaries, the power of that country will remain under the direction of the most wealthy citizens..."

"A Framer" in the independent gazetteer, 1791

"Our legislators are not sufficiently appraised of the rightful limits of their power; that their true office is to declare and enforce our natural rights and duties, and to take none of them from us." Thomas Jefferson

"Another vote for a democrat, or a republican is another vote to send someone to Washington to make more Laws that take away more of your Rights."

Ross Perot

Liars listen to Lies. Bible

When the Innocent are punished, and the Guilty are rewarded, justice is perverted. Bible

They are all experts at doing evil. Officials and judges ask for bribes. The influential people tell them what they want, and so they scheme together. Bible

"Care should be taken that the punishment does not exceed the guilt;

and also that some men do not suffer for offenses for which others are not even indicted."

Cicero (Marcus Tullius Cicero)

"It is only when the people become ignorant and corrupt, when they degenerate into a populace, that they are incapable of exercising their sovereignty."

James Monroe

Those who deny freedom to others deserve it not for themselves.

ABRAHAM LINCOLN, letter to H.L. Pierce, Apr. 6, 1859

“Power tends to corrupt, and absolute power corrupts absolutely.” Lord Acton, 1887

“The further a society drifts from truth the more it will hate those who speak it.”

George Orwell

“Ours is a world in which justice is accidental, and innocence no protection.”

Euripedes, 400 BC.

"THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.

But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is." Thomas Paine

"We, the people are the rightful masters of both congress and the courts - not to overthrow the constitution, but to overthrow men who pervert the constitution." Abe Lincoln

"The right of revolution is not a legal right but a moral right that depends upon the suppression of liberties and freedoms in order for it to be justified."

Abe Lincoln

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember it or overthrow it.

ABRAHAM LINCOLN, First Inaugural Address, Mar. 4, 1861

Right to revolution: “whenever the Legislators endeavor to take away, and destroy the Property of the People, or to reduce them to Slavery under Arbitrary Power, they put themselves into a state of War with the People, who are thereupon absolved from any farther Obedience, and are left to the common Refuge, which God hath provided for all Men, against Force and Violence. Whensoever therefore the Legislative shall transgress this fundamental Rule of Society; and either by Ambition, Fear, Folly or Corruption, endeavor to grasp themselves, or put into the hands of any other an Absolute Power over the Lives, Liberties, and Estates of the People; By this breach of Trust they forfeit the Power, the People had put into their hands, for quite contrary ends, and it devolves to the People, who have a Right to resume their original Liberty.”

John Locke

"The Revolution was effected before the war commenced. The Revolution was in the minds and hearts of the people; ..."

"...but believing allegiance and protection to be reciprocal, when protection was withdrawn, they thought allegiance was dissolved."

"This radical change in the principles, opinions, sentiments, and affections of the people, was the real American Revolution."

John Adams February 13, 1818, To H. Niles

Tyranny: “’Tis a Mistake to think this Fault [tyranny] is proper only to Monarchies; other Forms of Government are liable to it, as well as that. For where ever the Power that is put in any hands for the Government of the People, and the Preservation of their Properties, is applied to other ends, and made use of to impoverish, harass, or subdue them to the Arbitrary and Irregular Commands of those that have it: There it presently becomes Tyranny, whether those that thus use it are one or many.” John Locke

Social Media Platform is at

https://mewe.com/join/wrongfulconvictionskorruptlaw

https://mewe.com/group/5c54e6bbb28a87238fca0437

Unlike This: Social Media Companies Bow to Government Censorship Requests -

Bill of Rights Defense Committee and Defending Dissent Foundation

http://bordc.org/news/unlike-social-media-companies-bow-government-censorship-requests/

Social media companies are under a lot of pressure from the government to censor their users. ... And those companies are bowing to the pressure. Earlier this month, Twitter announced that it had shut down 235,000 accounts since February... And Facebook did it at the request of the Baltimore police.

Police explained to the media that they had to do it to protect their officers and Gaines’ five year old son because Gaines’ “followers were encouraging her not to comply with negotiators’ request that she surrender peacefully.” But shortly after Facebook shut down her feed, the police killed her and injured her son....

BAN TWITTER AND FACEBOOK. FREE SPEECH IS ONLY FOR THOSE WHOSE VIEWS ARE APPROVED BY THEIR MASTAS. AND VIEWS THAT DISAGREE WITH MY VIEW WILL BE BANNED. BE A GOOD SLAVE AND SAY WHAT MASTA WANTS YOU TO SAY AND YOU WILL BE A GOOD NIGGER....

Twitter bans Trump, citing risk of violent incitement

https://www.bostonglobe.com/2021/01/08/business/twitter-permanently-suspends-trump-its-platform/

Trump, who issued a statement Friday evening that denounced Twitter as an enemy of free speech and floated the idea that he might build his own “platform,” also posted it on the @POTUS account, where it was quickly deleted. Twitter says using another account to evade a suspension is against its rules, and that while it won’t ban government accounts like @POTUS or @WhiteHouse, it will “take action to limit their use.”...

Trump had roughly 89 million followers. Twitter shares fell roughly 4% in after-hours trading, reflecting concerns that the Trump ban might reduce usage and advertising sales.... Facebook, already banned him indefinitely...On Friday, Twitter also permanently banned two Trump loyalists — former national security adviser Michael Flynn and attorney Sidney Powell — as part of a broader purge of accounts...The company also said Trump attorney Lin Wood was permanently suspended Tuesday for violating its rules,...

Twitter Suspends QAnon-linked Republican Lawmaker's Account

https://www.ibtimes.com.au/twitter-suspends-qanon-linked-republican-lawmakers-account-1667744

A newly elected Republican congresswoman known for promoting QAnon conspiracy theories accused Twitter of censorship on Sunday after her account was temporarily suspended for "multiple violations".... Twitter banned Trump two days after the incident, and since then has scrubbed more than 70,000 accounts with QAnon ties. Apple and Google have also barred downloads of Parler, a Twitter-like app popular among conservatives, and Amazon has kicked the platform off its servers. That has outraged many Republicans, who say tech giants are infringing on their free speech. "Americans' rights are being stripped away and they aren't being heard by the people they elected to represent them," Greene said in a statement after her suspension. "With Big Tech silencing them, they literally can't be heard. The censorship has got to stop." "If a conservative dares to utter a political opinion that is deemed unapproved by the internet police they are now subject to false accusations of 'inciting violence' simply for having a conservative view," she added....

Myanmar blocks Facebook as resistance grows to coup

https://www.bostonglobe.com/2021/02/04/world/myanmar-blocks-facebook-resistance-grows-coup

Myanmar’s new military government has blocked access to Facebook as resistance to Monday’s coup surged amid calls for civil disobedience to protest the ousting of the elected civilian government and its leader Aung San Suu Kyi....internet service providers in Myanmar had received a directive from the communications ministry to temporarily block Facebook. Telenor Myanmar, which is part of the Norwegian Telenor Group, said it would comply, though was concerned the order was a breach of human rights....

The political party ousted in Monday's coup and other activists in Myanmar have called for a campaign of civil disobedience to oppose the takeover....

BAN FACEBOOK, TWITTER, AND DEMOCRISY BECUZ THE NIGGERS OR SLAVES WILL REVOLT...

Nigeria blocks Twitter after president’s tweet is deleted

https://www.bostonglobe.com/2021/06/05/world/nigeria-blocks-twitter-after-presidents-tweet-is-deleted

Twitter users in Nigeria expressed outrage at the blocking of one of the main outlets that they have to criticize their government and try to hold it to account.... Buhari drew a connection between Nigeria’s civil war decades ago and attacks on offices of the national electoral commission by arsonists and gunmen....Some saw his words as a threat of genocide against the Igbo ethnic group that is in the majority in Nigeria’s southeast. Twitter said the tweet violated its “abusive behavior” policy....Nigerian Twitter users have played an outsize role in trying to hold their government to account. The platform was one of the key forms of communication and publicity for protesters in EndSARS, a youth-driven movement that began with calls to abolish an abusive police unit and which led to much wider demands for better governance in West Africa’s biggest democracy.

In a news conference after Buhari’s tweet was deleted, the information minister, Lai Mohammed, compared Twitter’s actions in Nigeria to those the company took after the riot at the U.S. Capitol on Jan. 6, including banning the account of former President Donald Trump. “When people were burning police stations and killing policemen in Nigeria during EndSARS, for Twitter it was about the right to protest,” Mohammed said. “But when a similar thing happened on the Capitol, it became insurrection.”... Shutdowns of the internet or social media are increasingly used by governments around the world, particularly in election periods. Countries that have censored Twitter include China and Iran. “Thank God for VPN” was trending on Twitter in Nigeria on Saturday, and many Nigerians took to the platform to comment that Africa’s biggest democracy was showing worrying signs of dictatorship in suppressing the right to free speech. “Suspending Twitter in Nigeria is just one more way of stating that people’s rights do not matter,” Osai Ojigho, Amnesty International’s country director in Nigeria, said in a tweet. “This is a dangerous precedent.”... “The last move of a failing Government is always to try to silence everyone who points out that they are failing,” posted Mark Essien, a Nigerian entrepreneur and software developer.


DEMOCRACY IS HYPOCRISY. WHEN TWITTER AND FACEBOOK BAN YOU THEN BAN THEM. IF YOU ARE A HYPOCRAT YOU CAN SPEAK. OTHERWISE, ALL OTHERS ARE BANNED FRUM RIGHTS, AND FRUM LEFTS...

Right-Wing Twitter exiles weigh a return to the arena

https://www.bostonglobe.com/2022/05/03/nation/right-wing-twitter-exiles-weigh-return-arena

Discontent with Twitter runs deep on the right, where many charge that the platform has squelched their voices under the pretense of content moderation policies. A Pew Research Center study in November found that Republican Twitter users were more than 10 times as likely as Democrats to say it is a major problem that Twitter bans users from the platform. Some 60 percent of Republicans believed the site was bad for democracy, while 28 percent of Democrats did....

Twitter’s US user base, which includes about 1 in 5 Americans, skews toward Democrats and particularly left-leaning Democrats. A 2019 Pew survey found that 60 percent of adult users were Democrats and Democratic-leaning independents versus 35 percent Republicans and Republican leaners; among all US adults, 52 percent identify as Democrats or lean toward the party, while that number is 43 percent for Republicans and leaners. Liberal Democrats were three times as likely as conservative Republicans to say they visit Twitter “every day, too many times to count,” the survey found....


WHEN FACEBOOK BANS YOU, BAN FACEBOOK. BAN AMERICAN MEDIA, THE #1 LIAR IN THE WORLD....

Putin Signs 'Harsh' Law Allowing Long Prison Terms For 'False News' About Army

https://www.rferl.org/a/russia-military-false-news/31737627.html

Russian President Vladimir Putin has signed a new law into effect that calls for sentences of up to 15 years in prison for people who distribute "false news" about the Russian military. The Kremlin said it needed a "harsh" new law to tackle such reports due to the current "information war." The law and other aspects of the current Russian clampdown on independent domestic and international media outlets covering Moscow's ongoing unprovoked invasion of Ukraine have already prompted Russian and international closures and suspensions. Major international broadcasters who have announced suspensions include BBC, CNN, Bloomberg, CBS, and German ARD and ZDF to suspend reporting from inside Russia....

Multiple websites of RFE/RL, BBC, and other outlets have also been blocked over what Russian regulators say is erroneous reports. The blocks are preventing Russian access to the Russian Service of RFE/RL, as well as a number of other RFE/RL websites. Russian Media Watchdog Blocks Facebook After Limiting Access To Multiple Other Sites. Blocks by the Russian media watchdog Roskomnadzor have included social media including, most recently, Facebook.... Russian lawmakers approved the draft law to criminalize spreading "false news"...


*******************

AI

THE FUTURE OF JUSTICE

AI MUST REPLACE HUMAN ACTORS IN WHOLE, OR IN PART.

AI would eliminate the current fraudulent plea bargain system which only produces a slew of false convictions based on torture which only produces a slew of false gubmint crime data. Because AI will actually hear every case with all the facts gathered to produce a decision based on fact and logic, omitting feeling, emotion, bias, and other human trickery to gain a favorable position on how well a liar can act.

Computerized Virtual Courtroom to eliminate Judge, Jury, Prosecutor, and Lawyer. Computer can simultaneously extract all laws, and the Constitution to produce a fast and speedy trial based on the Constitution as intended. The Computer will also nullify all Unconstitutional laws, and it will delete all laws that contradict other laws.

Eliminate human errors with the computer to eliminate bias, unequal and selective prosecution of the laws.

VIRTUALIZED COURTS.

The Future.

Automated Judicial System.

Automated Legal Expert System

(Automated lawyer, prosecutor, jury, and judges)

Face the fact. You will not get a Just, Fair, Equal, and Constitutional Trial in an American Court today.

You will not get a just outcome equivalent to the actual truth.

What better way to eliminate court room bias, eliminate police & official misconducts, ensure the Constitution and your Rights are not being violated by the very system sworn to uphold these rights, and maintain fair and equal protection of the law for all. To do this requires eliminating the human factor partly or in whole. Computers are much better able to handle simultaneously the total combinations of knowing all the laws, the Constitutional Rights, and then applying them without human bias and misconducts. And doing it in a speedy manner.

Imagine entering a Court room of the future where you sit in a chair, and a wireless computer gives a decision of your case. It would be able to ask the appropriate questions for input reducing official misconducts. It is able to detertmine truth, and lies. It hears the case from all actors, and analyzes a fair and just outcome based on its total input and its total knowledge of all law. It may decide if a law was even violated. It would determine if the law itself is in violation of the Constitution or a violation of another law. It would fairly and equally dispense justice to all including the Government, Police, and Officials Misconducts eliminating immunty. The Two Tier legal system in existance now would be eliminated since favoritism, class, status, race, gender, etc., would not be considered in the computers decision since computer uses logic, and not emotion nor feelings.

The perfect virtual courtroom would replace all human factors with only minimal human elements as a check on the system.


95% TO 99% OF ALL DEFENDANTS DO NOT TRUST THE CURRENT USA SLAVE AUCTIONS THUS THEY JUST PLEAD GUILTY ALTHOUGH MANY ARE INNOCENT.

CAN AI BE PERFECTED TO GIVE A JUST, FAST AND SPEEDY TRIAL WHICH COULD END THE PLEA BARGAIN SYSTEM AND THE FALSE PLEAS AND FALSE STATISTICS IT ACHIEVES...

Would you trust an AI in court?

https://youtu.be/4pq4ZWEpDg0


How Robots & Artificial Intelligence Are Changing The Legal Industry

https://youtu.be/gwoz6jw1uh0


Legal expert system

https://en.wikipedia.org/wiki/Legal_expert_system

A legal expert system is a domain-specific expert system that uses artificial intelligence to emulate the decision-making abilities of a human expert in the field of law.[1]:172 Legal expert systems employ a rule base or knowledge base and an inference engine to accumulate, reference and produce expert knowledge on specific subjects within the legal domain.... Rule-based, Case-based reasoning, neural net, Fuzzy logic

The future of the courts - A white paper

http://www.naco.org/sites/default/files/documents/The-Future-of-the-Courts.pdf

We see inspiring opportunities: transforming the delivery of law to our community, increasing access to justice, removing disadvantage in the face of increasing inequality.

Robot Lawyers? The Future of AI and Automation in Law

http://legal-tech-blog.de/robot-lawyers-the-future-of-ai-and-automation-in-law

The End of Lawyers, Period.

http://www.abajournal.com/legalrebels/article/the_end_of_lawyers_period

“The End of Lawyers? Not So Fast.” that, among other sources, cites to a draft study Can Robots Be Lawyers? which, while not yet for quotation, seems destined to conclude that the popular accounts of the potential displacement of lawyers by automation are a bit overblown.

AI can be a check, and even act as part of the jury, or bench. Eventually becoming the sole judge.

I disagree with this articles assessments. I think AI would be less bias than human bias. AI is the answer to a corrupt and unconstitutional legal system that exists now in human courts....

AI can make justice truly blind — but not just yet

https://thenextweb.com/contributors/2017/09/16/justice-can-finally-blind-not-yet/#.tnw_k5VRj3m0

Sometimes it seems that people’s lives are decided on the basis of a judge’s mood and there’s a running joke among lawyers that justice depends on what the judge ate for breakfast. ... AI judges could also help clear the backlog of cases that are threatening to drown the American legal system. Plea bargains are becoming increasingly common, too. ... This is no way to run a legal system.

Even in the simplest case of deciding whether to grant bail, one study by the National Bureau of Economic Research revealed that an AI judge could help reduce jail populations by 42 percent and actually cut crime by up to 24 percent. ...

India has 27 million court cases in the system and an AI judicial system could obviously help to clear the simpler ones. ...

Meanwhile, the University of Central London in the UK revealed its AI judge last year. The algorithm reached the same conclusion as human judge in 79 percent of 584 cases that went before a panel of Judges at the European Court of Human Rights. This is impressive, but what about that 21 percent? Was the algorithm right or the actual judges?

How Artificial Intelligence Is Transforming Legal Research

https://abovethelaw.com/law2020/how-artificial-intelligence-is-transforming-legal-research/

For a case study in how AI and analytics are already transforming legal research, consider Westlaw Edge – the just launched, reimagined version of Westlaw, the industry-leading online legal research service from Thomson Reuters....

JUST AS DNA IS INVALUABLE FOR REAL JUSTICE, AI IS ALSO THE ONLY REAL SOLUTION TO REPLACE THE CORRUPT SLAVE AUCTIONS. BUT, AS INEVITABLE AS AI IS TO FUTURE JUSTICE IT IS, JUST AS DNA, ONLY AS ACCURATE AS THE RESPONSIBLE HANDLING, ETHICS, INTERPRETATIONS, TRANSPARENCY, AND ITS JUST USE....

The Rise of Responsible AI

https://analyticsindiamag.com/the-rise-of-responsible-ai/

As we have petabytes and zettabytes of information floating around and easily accessible, it makes it more important to have proper data handling principles and policies to be in place to make sure that the data is not driving the wrong decisions. As these data sets can be corrupted easily and still will have the power to influence decisions of algorithms based AI applications which can prove to be hazardous to 1 person or for all humans as a race and could negatively impact the environment as well with bad decisions. Below, I am providing some examples of how data driven automation can impact the processes if not handled properly and why there is a need of ethics, transparency and traceability driven through Responsible AI in the field of Artificial Intelligence...


ALTHOUGH AI HAS BEEN PROVEN TO BE BETTER AND FASTER DISPENSING JUSTICE IT TO NEEDS A CHECK ON ITS SYSTEM AS WELL AS THE HUMANS. RUBBER STAMP AND STORY BOOK JUSTICE ALSO NEEDS A SYSTEM CHECK. THE TWO NEED TO CHECK EACH OTHER AS A CHECK....

Settlement of Civil Rights Class Action Alleging False Accusations of Unemployment Fraud Announced

https://www.9and10news.com/2022/10/20/settlement-of-civil-rights-class-action-alleging-false-accusations-of-unemployment-fraud-announced/

The State of Michigan has reached a $20 million settlement resolving a class action lawsuit alleging that the Unemployment Insurance Agency used an auto-adjudication system to falsely accuse recipients of fraud, resulting in the seizure of their property without due process....State of Michigan Unemployment Insurance Agency for using an automated system known as MIDAS to falsely accuse thousands of Michiganders of unemployment fraud, resulting in the wrongful seizure of their paychecks, income tax refunds, and other assets without due process...In July 2022, the Court held that the Plaintiffs in the case could seek monetary damages from the State based on the alleged violation of the State Constitution. ...


***********

First they came for the Socialists, and I did not speak out — because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out — because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out — because I was not a Jew.

Then they came for me — and there was no one left to speak for me.

-Theologian Martin Niemöller wrote shortly after his release from a Nazi concentration camp

The U.S. is 5% of the World population,

and has 25% of world prisoners.

"It is endless the amount of times per week officers arrest an individual, label him a suspect-arrestee-defendant and then before arraignment or trial realize that he is innocent based on evidence. You know what they say when they realize an innocent man just had his life turned upside down?. “I guess he should have stayed at home that day he was discovered walking down the street and matching the suspects description. Oh well, he appeared to be a dirtbag anyways”. Meanwhile the falsely accused is left to pick up his life, get a new, family, friends, and sense of self worth." --Chris Dorner Manifesto

War Vet and Former L.A. Police Officer

Pasadena Police Chief to investigate statements by detective William Broghamer in misconduct case

http://www.pasadenastarnews.com/government-and-politics/20140709/pasadena-police-chief-to-investigate-statements-by-detective-william-broghamer-in-misconduct-case

In an audio recording played for a Pasadena jury last week in the murder trial of Rashad McCoy, Broghamer was heard telling a colleague he would

“pin it on anybody, that’s how we roll.”

Broghamer, along with his colleagues in the homicide department Kevin Okamoto and Keith Gomez, faced several allegations in 2012 of misconduct, including complaints that the officers had beaten suspects, threatened witnesses and hidden evidence.


What is the likelihood of being falsely accused and convicted of a crime in the United States?

LEADING CAUSE OF WRONGFUL CONVICTIONS ARE:

#1 FALSE ACCUSATIONS AND PERJURY.

66% OF ALL EXONERATIONS IN 2021 WERE DUE TO LIARS FALSE ACCUSATIONS AND PERJURY.

95% to 99% of all defendants are convicted by way of pleading guilty regardless of innocence. In federal court fewer than 1% went to trial and won their cases, at least in the form of an acquittal... Between guilty pleas and trials, the conviction rate was 99.8% in U.S. federal courts in 2015: 126,802 convictions and 258 acquittals. That wasn’t an anomaly. In 2014 the conviction rate was 99.76% and in 2013 it was 99.75%....

A study by the Bureau of Justice Statistics looking at urban defendants in state courts found that in 2009, 66 percent of those charged with felonies were convicted, while only one percent were acquitted. The vast majority of those convicted plead guilty instead of going to trial. This means that the last real chance to avoid a wrongful conviction actually occurs at the screening stage, when the prosecutor decides whether to file charges in the first place. ...

Clearly, prosecutors do file charges against innocent defendants. The instances that receive media attention tend to be intentionally wrongful, those where the evidence of innocence is overwhelming but prosecutors storm ahead anyway, out of malice or blind ambition....


USA #1 LIAR.

AMERICANS ARE NOTHING BUT LIARS, AND LIES.

PROVEN AGAIN THAT IT IS THE LAW ABIDING GOOD GUYS WHO ARE THE ACTUAL CRIMINALS. THE FALSE CRIMINALS ARE SCAPEGOATS USUALLY FOR PROFIT AND/OR POWER BY THE ACTUAL LAW ABIDING GOOD GUY CRIMINALS USING LIES AS EVIDENCE IN A CORRUPT SLAVE AUCTION SYSTEM.


LEADING CAUSES OF WRONGFUL CONVICTIONS ARE:


#1 ACTUAL CRIMINAL LIARS FALSE ACCUSATIONS AND PERJURY.

66% OF ALL EXONERATIONS IN 2021 WERE DUE TO LIARS FALSE ACCUSATIONS AND PERJURY.


#2 ACTUAL CRIMINAL LIARS IN GUBMINT SLAVE AUCTIONS.

63% WERE DUE TO CRIMINAL ACTS OF LAW ENFORCEMENT, PROSECUTORS, AND OTHER GUBMINT OFFICIALS ACTING UNDER COLOR OF LAW.


#3 ACTUAL CRIMINAL LIARS IN GUBMINT FABRICATING CRIMES WHERE NO CRIME EVER OCCURRED.

40% NO CRIME EVER OCCURRED.


#4 ACTUAL CRIMINAL LIARS RIPPING OFF THE SYSTEM, AND RIPPING OFF THE INNOCENT.

32% DUE TO PROFESSIONAL DEFENSE LIEYERS.


#5 THE INNOCENT FORCED TO LIE.

30% INNOCENT SLAVES TORTURED TO LIE IN GUILTY PLEAS.


#6 ALLIED LIARS FOR THE ACTUAL CRIMINALS.

29% WITNESS LIARS.


#7 MORE GUBMINT AND/OR ALLIED LIARS.

20% FORENSIC LIARS.


#8 MORE INNOCENTS FORCED TO LIE.

12% INNOCENT SLAVES TORTURED TO LIE IN FALSE CONFESSIONS.


64% WERE VIOLENT FELONIES. THE OTHERS WERE SERIOUS FELONIES. NO MENTION OF ANY MISDEMEANORS NOR LESS SERIOUS FELONIES. BUT MISDEMEANORS ACCOUNT FOR ABOUT 80% OF ALL CASES.


THIS REPORT IS MISLEADING IN PART BECUZ ATTENTION IS GIVEN TO SERIOUS CRIMES ONLY, AND MOSTLY TO NIGGERS ONLY. BUT, MAJORITY OF INNOCENTS WRONGFULLY CONVICTED ARE NEITHER SERIOUS CRIMES NOR NIGGERS. THIS REPORT PROVES IN PART THAT NIGGERS AND SERIOUS CRIMES ARE BOTH GIVEN MORE HELP THAN OTHER CRIME GROUPS, AND RACIAL GROUPS....

2021 ANNUAL REPORT National Registry of Exonerations

https://www.law.umich.edu/special/exoneration/Documents/NRE%20Annual%20Report%202021.pdf

All told, the National Registry of Exonerations recorded 2,970 exonerations in the United States from 1989 through the end of 2021.... The Registry recorded 161 exonerations in 2021. The 2021 exonerations included:

• One hundred and seven exonerations that involved Perjury or False Accusation. (66%)

• One hundred and two exonerations that involved Misconduct by Government Officials. (63%)

• Sixty-four exonerations of convictions in which No Crime actually occurred. (40%)

• Fifty-one cases involving trial defense attorneys providing an Inadequate Legal Defense for their clients. (32%)

• Forty-eight exonerations of convictions based on Guilty Pleas. (30%)

• Forty-seven exonerations that involved Mistaken Witness Identifications. (29%)

• Thirty-three cases involving False or Misleading Forensic Evidence. (20%)

• Nineteen exonerations that involved False Confessions. (12%)

• One hundred and three exonerations of Violent Felonies, including 77 homicides, and nine sexual assaults. (64%)

• Three exonerees sentenced to Death.

• Thirty exonerees sentenced to Life in Prison without Parole.

• Twenty-one exonerations of Drug Crimes.

• Nineteen exonerations based in whole or in part on DNA testing.


USA #1 LIAR

USA SLAVE AUCTIONS ARE NOTHING BUT A BUNCH OF LIES AND LIARS.

80% OF ALL EXONERATIONS IN 2020 WERE DUE TO LIARS FALSE ACCUSATIONS AND PERJURY.

67% WERE DUE TO CRIMINAL ACTS OF LAW ENFORCEMENT, PROSECUTORS, AND OTHERS ACTING UNDER COLOR OF LAW.

39% NO CRIME EVER OCCURRED....

2020 ANNUAL REPORT National Registry of Exonerations

https://www.law.umich.edu/special/exoneration/Documents/2021AnnualReport.pdf

There were 129 exonerations in 2020...

•One hundred and three exonerations included Perjury or False Accusation; 80%

•Eighty-seven exonerations included Misconduct by Government Officials; 67%

•Fifty-one exonerations were of convictions in which No Crime was actually committed; 39%

•Thirty exonerations involved Mistaken Witness Identifications; 23%

•Twenty-nine exonerations were for convictions based on Guilty Pleas; 22%

•Thirteen exonerations involved False Confessions; 10%

•Nineteen exonerations were based in whole or in part on DNA evidence;

LIARS = #1 CAUSE OF WRONGFUL CONVICTIONS.

CRIMINAL SLAVE AUCTION #2.

NO CRIME EVER OCCURRED #3.

WITNESS LIARS #4.

INNOCENT SLAVES FORCED TO PLEAD GUILTY #5.

INNOCENT SLAVES FORCED TO FALSELY CONFESS #6.

FORENSIC LIARS #7.

The National Registry of Exonerations 2019 ANNUAL REPORT

https://www.law.umich.edu/special/exoneration/Documents/Exonerations_in_2019.pdf

Contributing Factors:

1. Perjury or False Accusation: One hundred and one cases included perjury or other false accusations. (71%)

2. Official Misconduct: We know of official misconduct in 93 exonerations in 2019, almost two-thirds of the cases, including 55 murder cases—75% of murder exon-erations in 2019. (65%)

3. No Crime Cases: Fifty exonerations were for convictions in which No Crime was actually committed. (35%)

4. Mistaken Witness Identification: Forty-eight exonerations in 2019 were for convic-tions based at least in part on mistaken witness identifications. (34%)

5. Guilty Pleas: Thirty-four exonerations were for convictions based on Guilty Pleas. (24%)

6. False Confessions: Twenty-four exonerations involved false confessions. (17%)

7. False or Misleading Forensic Evidence: Twenty-four cases involved forensic evidence that was false or misleading. (17%)

The National Registry of Exonerations recorded 143 exonerations that occurred in 2019. All told, the National Registry of Exonerations has recorded 2,556 exonerations that oc-curred in the United States from 1989 through the end of 2019.

The 2019 exonerations included: One hundred and seventeen exonerations of Violent Felonies, including 76 homicides, 10 child sex abuse convictions, and 11 sexual assaults on adults. Three of the homi-cide exonerees had been sentenced to death;

Nineteen exonerations were for Drug Crimes;

Seventeen exonerations were based in whole or in part on DNA evidence;...

Almost Half the cases No Crime was actually committed.

False Accusations and Perjury was the leading cause of wrongful convictions, followed by Official Misconduct. Both account for 3/4ths of all exonerations.

Guilty Pleas accounted for 1/3rd of the exonerations.

EXONERATIONS IN 2018

https://www.law.umich.edu/special/exoneration/Documents/Exonerations%20in%202018.pdf

151 exonerations that occurred in 2018 were distributed as follows:

Misconduct: We know of official misconduct in 107exonerations in 2018, a record number, including 54 homicides, 79% of homicide exonerations in 2018.

Mistaken Eyewitness Identification: 31 exonerations in 2018 were for convictions based at least in part on mistaken eyewitness identifications.

False Confessions: 19 exonerations involved false confessions.

Perjury or False Accusation: A record 111 cases included perjury or false accusations.

No-Crime Cases: Seventy exonerations in 2018 were cases in which we now know that no crime actually occurred, almost half the total.

All told, the National Registry of Exonerations has recorded 2,372 exonerations that occurred in the United States from 1989 through the end of 2018.

The 2018 exonerations included:

•Seventy exonerations were of convictions in which No Crime was actually committed (1/2);

•One hundred and eleven exonerations included Perjury or a False Accusation (3/4);

•One hundred and seven exonerations included Misconduct by Government Officials (3/4);

•Forty nine exonerations were for convictions based on Guilty Pleas (1/3);

•Thirty one exonerations involved Mistaken Eyewitness Identifications;

•Nineteen exonerations involved False Confessions;

and

•Ninety nine exonerations were the result of work by prosecutorial Conviction Integrity Units or Innocence Organizations.

•Twenty three exonerations were based in whole or in part on DNA evidence;

Almost Half the cases No Crime was actually committed.

False Accusations and Perjury was the leading cause of wrongful convictions, followed by Official Misconduct.

NATIONAL REGISTRY OF EXONERATIONS

EXONERATIONS IN 2017 March 14, 2018

https://www.law.umich.edu/special/exoneration/Documents/ExonerationsIn2017.pdf

The 139 exonerations that the National Registry of Exonerations added in 2017...

In total, the National Registry of Exonerations has recorded 2,161exonerations in the United States from 1989 through the end of 2017.

•Ninety eight of the exonerations in 2017 involved Violent Felonies, including 51 homicides, 16 child sex abuse convictions, and 13 sexual assaults of adults. Four of the homicide exonerees had been sentenced to death;

•Sixteen exonerations in 2017 involved Drug Crimes;

•Seventeen 2017exonerations were based in whole or in part on DNA evidence;

Eighty seven cases included Perjury or a False Accusation; 63%

•Eighty four cases included Misconduct by Government Officials; 60%

•Sixty six exonerations were cases in which No Crime was actually committed; 47%

•Thirty seven cases involved Mistaken Eyewitness Identification; 27%

•Thirty six exonerations were for convictions based on Guilty Pleas; 26%

•Twenty nine cases involved a False Confession; 21%

and

•Eighty exonerations in 2017 were the result of work by prosecutorial

Conviction Integrity Units or Innocence Organizations, or both.

In addition, in 2017, there were at least 96 individuals whose convictions were vacated and charges dismissed as part of group exonerations in Chicago, and 80 or more in Baltimore.

2,044 EXONERATIONS

Since the March 2017 Newsletter: a total of 44 exonerations added, 33 new exonerations, & 11 newly discovered

What We Think, What We Know, and What We Think We Know about False Convictions

https://gallery.mailchimp.com/86fc3b614e73affdc18bf5a93/files/3b73d648-dd2f-49ab-a158-ab5c18ae4f8b/SSRN_id2921678_1_.pdf

Data from one local jurisdiction strongly suggest that across the country thousands if not tens of thousands of innocent defendants a year plead guilty to misdemeanors and low level felonies in order to avoid prolonged pretrial detention. ...

Who was Exonerated, When and for What

Of the 1,900 individuals exonerated from January 1989 through October 2016:

    • 91% were men and 9% were women.

    • 47% were black, 39% were white, 12% were Hispanic and 2% were Native American, Asian or Other.

  • 17% pled guilty, 76% were convicted at trial by juries and 7% were convicted by judges.

    • 23% were cleared at least in part with the help of DNA evidence and 77% were cleared without DNA evidence.

    • 80% were imprisoned for more than one year before they were released, 57% for at least 5 years, and 38% for 10 to 39 years.

As a group, the exonerated defendants spent more than 16,710 years in prison for crimes for which they should not have been convicted an average of 9 years each....

More than 80% had been convicted of crimes of violence,...

Clearly, exonerations are heavily concentrated among the most serious convictions,...

Below the level of these major violent crimes, the differences in rates of exoneration are even more stark, as I’ve mentioned: Nonviolent crimes comprise more than 80% of felony convictions but fewer than 20% of exonerations; And misdemeanor convictions out number felonies by at least 4 to 1, but account for a few percent of exonerations. The inevitable conclusion is that only a tiny fraction of innocent defendants who are convicted of misdemeanors or nonviolent felonies are ever exonerated.

Why? Most innocent defendants with comparatively light crimes and short sentences probably never try to clear their names. They serve their time and do what they can to put the past behind them. If they do seek justice, they are unlikely to find help. The Center on Wrongful Convictions, for example, tells prisoners who ask for assistance that unless they have at least 10 years remaining on their sentences, the Center will not be able to help them because it is overloaded with cases where the stakes are much higher....

Most exonerations take considerable time. The average interval from conviction to exoneration in capital cases is about 15 years....

Exonerations by Crime and Contributing Factors All Cases:

False Accusation 56%, Official Misconduct 51%, Mistaken Witness Identifications 30%, False Forensic Evidence 24%, Perjury or False Confession 12%.

A lot of misconduct, in all spheres of life is successfully hidden; if not, there’d be a lot less misconduct to hide. The same applies, in force, to incompetent or ineffective legal defense. In 23% of the exonerations in the Registry we have clear evidence of what we code as “Inadequate Legal Defense” (442/1,900). We believe, however, that many more exonerated defendants perhaps a majority would not have been wrongfully convicted if their lawyers had done good work defending them. Ineffective defense attorneys may contribute to more false convictions than any other factor we have mentioned, but our data won’t tell one way or the other....

Missing Cases: Guilty Pleas: Why did these defendants plead guilty ...most pled guilty to get out of jail. In a typical case, the defendant had a criminal record and could not post the comparatively high bail that was set for him. If he pled not guilty he’d remain in jail for months before trial, and then risk years in prison if convicted. It’s hardly surprising that an innocent defendant in that situation would accept a deal to plead guilty and go home ... Dozens of defendants were framed by police who faked field tests...

Hundreds of thousands of defendants plead guilty every year to avoid pretrial detention in nondrug cases. Why wouldn’t they? Those charged with misdemeanors and light felonies may face months, even years in jail waiting for trial, but get weeks or days or no time at all if they plead guilty. How many of these defendants are innocent? We have no idea, and no way to find out. A simple drug test won’t answer the question, and nobody is going to reinvestigate a routine shoplifting, assault, or disorderly conduct case. ...

If I had to bet, I’d say the most common cause of false conviction, by far, is the prospect of prolonged pretrial detention of innocent criminal defendants ...

An innocent defendant who pleads guilty is far less likely to be exonerated than one who goes to trial. It’s much harder to convince anybody that you’re innocent when you told a court that you’re guilty; you have fewer avenues for review; and, most important, if you take a plea bargain you will get a shorter sentence, usually a much shorter sentence that’s why defendants accept plea bargains and the scarce resources it takes to reopen a case and achieve an exoneration are usually reserved for defendants with more severe punishments.

Guilty pleas account for 95% of felony convictions, but excluding drug cases only 10% of known exonerations. That’s an exoneration rate 170 times lower than for trials....

There are now more Americans in jail -- 6 million -- than there were in Stalin's Gulag, reports Fareed Zakaria, in a column called "Incarceration Nation."

And it's not just a relative population thing.

The U.S. has 760 prisoners per 100,000 citizens.

How does that compare to other countries?

It's 7X-10X as high:

Japan has 63 per 100,000,

Germany has 90 per 100,000

France has 96 per 100,000

South Korea has 97 per 100,000

­Britain has 153 per 100,000

And it's also a relatively new phenomenon: In 1980, the U.S. only had 150 prisoners per 100,000 citizens.

Today, the US is 5% of the World population and has 25% of world prisoners.

Combining the number of people in prison and jail with those under parole or probation supervision, 1 in every 31 adults, or 3.2 percent of the population is under some form of correctional control

About $70 billion dollars are spent on corrections yearly

Top reasons people are falsely imprisoned

http://nypost.com/2015/11/15/top-reasons-people-are-falsely-imprisoned/

  • 55% – False accusation

  • 47% – Official misconduct

  • 32% – Eyewitness misidentification

  • 22% – Bad forensic science

  • 13% – False confessions

What if You were falsely convicted of a crime, and you were INNOCENT yet, no one believed you?

What if you had to sit years behind bars for a crime you did not do? What if you had to pay thousands of dollars in fines and other court mandated costs all the while being INNOCENT?

What if you lost your job, family, and friends because you were wrongfully convicted? What if you lost everything you ever had in life? What if you lost your Constitutional Rights because of a conviction on your record? What if Law enforcement stole all your firearms never to return them back, nor are you able to possess firearms because of the conviction on your record, yet

you are 100% INNOCENT?

You would be a victim of Wrongful Conviction.

And it happens more often than you may think.

OFTEN TIMES NO CRIME CASES OCCUR SUCH AS WHEN LIARS FALSELY ACCUSE AN INNOCENT THEN THE LIAR PLAYS VICTIM AS IN LEGAL PLUNDER. BUT THIS IS AN ACTUAL CRIME CASE IN REVERSE. KORRUPT LAW IS MORE THAN WILLING TO LIE AND HYPE UP THEIR PO'LICE REPORTS AND PROSECUTORS OVERCRIMINALIZE FALSE CHARGES, AND THE LIEYERS MILK THE COW FOR ALL THEY CAN. ALL THE LAW ABIDING GOOD GUY PARASITES AND VULTURES FEEDING ON THE DEFENSELESS INNOCENT. FUNNY THING IS NO ACTUAL CRIME WAS COMMITTED BY THE INNOCENT. IN REVERSE HOWEVER IT IS THE LAW ABIDING GOOD GUYS AND THEIR KORRUPT LAW WHO ARE COMMITTING MULTIPLE CRIMES AND GETTING AWAY WITH IT...

Convicted of a crime that never occurred? It happens all too often, law prof says

https://www.abajournal.com/books/article/podcast-episode-128

one-third of all known exonerations, the conviction was wrongful because there had not even been a crime..... In the book, Henry recounts stories of disappearances that were deemed to be murders until the living “victim” was discovered, natural deaths that were deemed suspicious because of faulty forensic science, and fabricated accusations that sent innocent people to jail. More importantly, Henry identifies the lapses at every stage of the justice system that can allow for these injustices to occur: from dishonest police officers to careless forensic labs, overzealous prosecutors, overworked defense attorneys, and overly permissive and underinformed judges. She also examines the forces at play that pressure innocent people into agreeing to plea deals in which they plead guilty to a crime that never happened. Unsurprisingly, marginalized people are most at risk of these no-crime wrongful convictions....

JUSTICE DENIED:

THE MAGAZINE FOR THE WRONGLY CONVICTED

ISSUE 69 - FALL 2017

8,723 Cases Now In Innocents Database

http://justicedenied.org/issue/issue_69/jd_issue_69.pdf

The Innocents Database now includes 8,723 cases: 5,632 from the U.S., and 3,091 from 117 other countries. The database includes 4,693 U.S. cases from 2017 to 1989, when the first DNA exoneration occurred.

The Innocents Database includes:

●600 innocent people sentenced to death.

●1,067 innocent people sentenced to life

in prison.

● 2,270 innocent people convicted of a

homicide related crime.

●1,117 innocent people convicted of a

sexual assault related crime.

●827 innocent people were convicted

after a false confession by him or her-

self or a co-defendant.

●3,428 innocent people were convicted

of a crime that never occurred.

●229 innocent people were posthumous-

ly exonerated by a court or a pardon.

●88 people were convicted of a crime

when they were in another city, state or

country from where the crime occurred.

●1,988 innocent people had 1 or more

co-defendants. The most innocent co-

defendants in any one case was 29, and

22 cases had 10 or more co-defendants.

●12% of wrongly convicted persons are

women.

●The average for all exonerated persons

is 7-1/8 years imprisonment before

their release.

●31 is the average age when a person is

wrongly imprisoned.

●Cases of innocent people convicted in

117 countries are in the database.

●5,632 cases involve a person convicted

in the United States.

●3,091 cases involve a person convicted

in a country other than the U.S.

Click here to go to the Innocents Database at www.forejustice.org/exonerations.htm

These exonerations represent only a small fraction of all innocent people who are wrongfully convicted. The majority never get exonerated. The majority forever serve their sentences, and live a life punished as a criminal for crime they never did. Meanwhile, if a crime actually did occur, the real offender is free with no criminal record while the innocent is punished for the crime of the guilty.

No crime ever occurred in over half of the total cases.

45% of the cases the defendants were coerced to plead guilty.

42% of the cases involved Official Misconduct.

More than half of total no crime actually occurred.

Exonerations in 2016 ~ The National Registry of Exonerations

https://www.law.umich.edu/special/exoneration/Documents/Exonerations_in_2016.pdf

2016 was another record breaking year for exonerations in the United States, 166.

The exonerations in 2016 set several other records as well. They include more cases than any previous year in which:

♦Government Officials committed Misconduct;

♦The convictions were based on Guilty Pleas;

♦No crime actually occurred; or

♦A prosecutorial Conviction Integrity Unit worked on the exoneration.

These numbers may not reflect the frequency of false conviction across jurisdictions....An obvious explanation for these differences is that more false convictions were found...

Length of time from conviction to DNA exoneration grew from 6 years in 1993 to 20 years in 2015. These trends continued in 2016. ...

Official Misconduct: Forty-two percent of exonerations in 2016 included official misconduct (70/166). Official misconduct encompasses a range of behavior — from police threatening witnesses to forensic analysts falsifying test results to child welfare workers pressuring children to claim sexual abuse where none occurred. But the most common misconduct documented in the cases in the Registry involves police or prosecutors (or both) concealing exculpatory evidence.

Guilty pleas: Exonerations in cases in which defendants pled guilty used to be unusual, but they have become more common. In 2016, 45% of all exonerations (74/166) were in guilty plea cases, about the same rate as in 2015.

No-Crime Cases: A record 94 exonerations in 2016 were cases in which we now know that no crime actually occurred, more than half of the total.

Why did so many defendants plead guilty when they were innocent? ... Most agreed to plea bargains at their initial court appearances, despite their innocence, rather than remain in pretrial custody for months and risk years in prison if convicted, ... There is some evidence that pretrial detention and the fear of long terms of imprisonment did influence these false guilty pleas.

Please SIGN & SHARE this petition. Thank YOU!

Sign the petition at: http://www.justice-not-politics.com/

HOW TO FILE A PROSECUTOR ETHICS COMPLAINT

www.prosecutorintegrity.org/complaint/

The Unchecked Charging Power of the Prosecutor

http://www.huffingtonpost.com/radley-balko/prosecutor-power_b_1425084.html?utm_hp_ref=fb&src=sp&comm_ref=false#sb=2868818,b=facebook

Prosecutorial Misconduct – What’s to be Done? A Call to Action

http://wrongfulconvictionsblog.org/2013/05/20/prosecutorial-misconduct-whats-to-be-done-a-call-to-action/#comment-13319

UPDATE: The database for the Registry of Prosecutorial Misconduct

www.prosecutorintegrity.org/registry .

The Registry will provide the foundation for prosecutor reform efforts across the nation.

The database for our Registry of Prosecutorial Misconduct is nearly finished...and will be ready for launch on Jan. 8, 2014!

How Corrupt Prosecutors Get Away With Sending Innocent People to Jail

http://www.alternet.org/story/155437/how_corrupt_prosecutors_get_away_with_sending_innocent_people_to_jail

But according to attorneys and criminal justice reform advocates, prosecutors across the country are misbehaving -- and getting away with it. While the most common forms of prosecutorial misconduct are hiding exculpatory evidence and engaging in improper examination and argumentation, another form of intentional misconduct is the knowing use of false testimony to win convictions.

An ‘Epidemic’ of Prosecutorial Misconduct

http://www.huffingtonpost.com/2013/12/11/blistering-9th-circuit-di_n_4426802.html

On December 10, five federal appellate judges acknowledged that there is a whole lot of prosecutorial misconduct going on in our criminal justice system: “There is an epidemic of Brady violations abroad in the land.”

“Brady” refers to the landmark Supreme Court case that says the due process guarantee is violated when prosecutors suppress evidence that is favorable to the accused when such evidence is material to that person’s guilt or innocence. The problem is that prosecutors are typically not punished when a Brady violation occurs–so the rule is too often ignored.

Alex Kozinski, Chief Judge of the Ninth Circuit Court of Appeals, wrote the dissenting opinion in United States v. Olsen (No. 10-36063). An excerpt:

I wish I could say that the prosecutor’s unprofessionalism here is the exception, that his propensity for shortcuts and indifference to his ethical and legal responsibilities is a rare blemish and source of embarrassment to an otherwise diligent and scrupulous corps of attorneys staffing prosecutors’ offices around the country. But it wouldn’t be true. Brady violations have reached epidemic proportions in recent years, and the federal and state reporters bear testament to this unsettling trend.

“Epidemic proportions.” Another aspect of the broken, dysfunctional system exposed.

9th Circuit Says Brady Violations Are An Epidemic

http://www.prosecutorialaccountability.com/9th-circuit-says-brady-violations-are-an-epidemic/

Chief Judge of the Ninth Circuit Court of Appeals' 17 page dissent (Kenneth Olsen case) condemns the failure of professional accountability for prosecutors which led to...

...an “epidemic of Brady violations abroad in the land.”

Immunity lets bad judges off hook for bad behavior

http://www.usatoday.com/story/news/nation/2014/07/28/bad-judges-immunity-civil-lawsuits/13259199/

In 1996, the 6th Circuit denied him judicial immunity from civil liability. ... the McCree case highlights a pervasive problem in the justice system: judges getting away with bad behavior on immunity grounds. .... "There has to be a point where there is no immunity for judges. When we're told that certain government officials are off limits — it undermines public confidence in government,"

False Confessions – How Can That Happen??

http://wrongfulconvictionsblog.org/2012/06/13/false-confessions-how-can-that-happen/

Blatantly Coerced Confession Results in Conviction Reversal

http://wrongfulconvictionsblog.org/2014/02/20/blatantly-coerced-confession-results-in-conviction-reversal/

Adrian Thomas was convicted of murdering his 4-month old son Matthew. The conviction relied in part on a confession that Adrian Thomas made during a 9-hour interrogation during which he was lied to and coercively threatened by police investigators. Despite the fact that other evidence may indicate guilt, there is no ethical, moral, or logical excuse for these police tactics.

View the Documentary Film (Highly Recommended)

http://scenesofacrime.com/

Police force mentally ill man to Lie, now Police want to charge the man with felony lying.

Mentally ill Lansing man cleared of murder still faces 'outrageous' lying to police charge

http://www.lansingstatejournal.com/article/20140129/NEWS01/301290045/?gcheck=1&nclick_check=1

This one is mind boggling.

A mentally ill Lansing, Michigan man, Kosgar Lado, under interrogation by police, momentarily confessed to shooting a man. Even though he subsequently withdrew that statement later in the interrogation, he was charged with the murder. After further investigation, the police determined that Lado was not the shooter, and the murder charges were dropped. But now the prosecutor has charged Lado with felony lying to the police!

Study shows how ‘mob journalism’ helps convict the innocent

http://wrongfulconvictionsblog.org/2014/02/19/study-shows-how-mob-journalism-helps-convict-the-innocent/

“The media has won deserved credit for its role in exposing wrongful convictions,” The Crime Report says. “But there are many examples of compliant coverage of prosecutors and law enforcement authorities who rush to convict the innocent on flimsy or phony evidence.”

To prove its point, the web site has published a study by crime journalist David J. Krajicek that focuses on three examples — the 1949 case of Florida’s “Groveland Four”; the conviction of Kirk Bloodsworth in the 1985 rape and murder of a 9-year-old girl near Baltimore; and the conviction of Walter McMillian for the 1986 murder of a clerk in Monroeville, Ala.

All three cases are good examples of how the news media frequently follow — and sometimes lead — police and prosecutors down the rabbit hole of bias and tunnel vision. You can read the excellent study here.

The Media’s Role in Wrongful Convictions-

How ‘mob journalism’ and media ‘tunnel vision’ turn journalists into tools of the prosecution

Three Case Studies

http://truthinjustice.org/krajicek_cjj_media_and_wrongful_convictions_final_edit_2-17-14.pdf

http://politivajustice.com/wrongful-convictions/the-medias-role-in-wrongful-convictions/

Most Americans Doubt Fairness of Criminal Justice System, Reveals Center for Prosecutor Integrity

http://www.saveservices.org/2013/06/pr-most-americans-doubt-fairness-of-criminal-justice-system-reveals-center-for-prosecutor-integrity/

Criminal Investigative Failures Avoiding the Pitfalls

http://www.au.af.mil/au/awc/awcgate/fbi/cognitive_bias.pdf

New Study Show Statistical Factors Behind Wrongful Convictions...

http://wrongfulconvictionsblog.org/2013/03/11/new-study-show-statistical-factors-behind-wrongful-convictions/

Why can’t law enforcement admit their mistakes?

http://www.salon.com/2012/10/21/why_cant_law_enforcement_admit_their_mistakes/

Wrongful-Convictions: Predicting-Preventing

http://nij.gov/topics/courts/sentencing/wrongful-convictions/predicting-preventing.htm

Fingerprints are NOT 100% Accurate: The Real CSI. (Transcript)

http://www.pbs.org/wgbh/pages/frontline/criminal-justice/real-csi/transcript-18/

Fingerprints are NOT 100% Accurate: Unlike fingerprint analysis on television, machines do not make a match, people do. The examiner is the instrument of analysis. There is no objective criteria. It’s a subjective judgment of the fingerprint examiner.

No Forensic Background? No Problem | The Real CSI | FRONTLINE ...

http://www.pbs.org/wgbh/pages/frontline/criminal-justice/real-csi/no-forensic-background-no-problem/

There are no national standards for forensic experts. See how easy almost anyone can be a Certified Forensic Consultant, CFC. A CFC is almost always accepted as an expert witness in Court Trials.

CSI on Trial

http://www.netnebraska.org/basic-page/television/csi-trial-0

False confession. Fake evidence.

It became one of the most controversial crime stories in recent Nebraska history.

Why does the human brain create false memories?

http://www.bbc.co.uk/news/science-environment-24286258

Uncertain Justice: The Presumption of Innocence is Being Lost, Most Say

http://www.saveservices.org/2013/06/pr-uncertain-justice-the-presumption-of-innocence-is-being-lost-most-say/

New crop of documentaries make the case for prosecutorial misconduct

http://www.latimes.com/entertainment/movies/moviesnow/la-et-mn-docs-prosecution-20140209,0,1570470.story?track=rss#axzz2soVmp6SY

The latest films focusing on prosecutorial overreach, including 'Internet's Own Boy' and 'Dinosaur 13,' are redefining the U.S. documentary.

"We have real problems with our justice system," Knappenberger told the audience. "We've given a lot of power to prosecutors. Our system needs an overhaul."

The presumption of evidence means that prosecutors and police should not be given the benefit of the doubt, as they typically are. Independent Institute Senior Fellow Robert Higgs's rule of thumb is: "whenever any government functionary, especially one connected with the so-called criminal justice system, makes a statement, presume that it is a lie. It may not be, of course, but unless overwhelming independent evidence is adduced in support of it, the odds are that it is a lie."

This might seem cynical, but that is the proper attitude with which to approach the legal system.

Never Trust a Government Conviction

http://blog.independent.org/2009/10/21/never-trust-a-government-conviction/#comment-57662

Miscarriage of justice

http://en.wikipedia.org/wiki/Miscarriage_of_justice

Some causes of miscarriages of justice include:

* Plea bargains that offer incentives for the innocent to plead guilty, sometimes called an innocent prisoner's dilemma

* Confirmation bias on the part of investigators

* Withholding or destruction of evidence by police or prosecution

* Fabrication of evidence or outright perjury by police (see testilying), or prosecution witnesses (e.g., Charles Randal Smith)

* Biased editing of evidence

* Prejudice towards the class of people to which the defendant belongs

* Misidentification of the perpetrator by witnesses and/or victims

* Overestimation/underestimation of the evidential value of expert testimony

* Contaminated evidence

* Faulty forensic tests

* False confessions due to police pressure or psychological weakness

* Misdirection of a jury by a judge during trial

* Perjured evidence by the real guilty party or their accomplices (frameup)

* Perjured evidence by supposed victim or their accomplices

* Conspiracy between court of appeal judges and prosecutors to uphold conviction of innocent

Hold Prosecutors Accountable for Misconduct in Wrongful Conviction

www.justice-not-politics.com

http://www.skepticaljuror.com/2010/11/on-rate-of-wrongful-conviction-summary.html

Wrongful Conviction Rate for Serious Crimes

http://www.skepticaljuror.com/search/label/Wrongful%20Conviction%20Rate

Spencer's analysis indicates:

  • 27% of the defendants are actually innocent of the crime for which they are charged.

  • If those innocents face a jury, they have a 20% chance of being convicted.

  • If those innocents instead elect for a bench trial, they have a 39% chance of being convicted.

  • the jury convicts a factually innocent person 7.8% per conviction,

  • the judge would convict an actually innocent person in 12.9% per conviction.

  • The wrongful conviction rate for juries ranges from a high of 16.8% for forcible rape to a low of 4.7% for drug offenses.

  • The wrongful conviction rate for bench trials ranges from a high of 26.2% for forcible rape to a low of 7.2% for drug offenses.

  • Where the juries had an overall wrongful conviction rate of 11.1%, judges had an overall wrongful conviction rate of 14.5%.

  • If we divide the number of wrongful convictions by the number of people who were innocent (4,168 / 10,998), we see that an innocent person who goes to trial stands a 38% chance of being wrongfully convicted.

(NOTE: The 11% to 15% overall wrongful conviction rate represent the few 5% of cases that actually go to trial. These cases represent serious crimes only. It does not consider the rate of wrongful convictions for lesser crimes. When misdemeanors and driving infractions are included, the number of flawed convictions increases exponentially. Nor does it consider the wrongful convictions from the 95% of all defendants coerced to plead guilty depriving them a fair trial of whom many are innocent. Ninety-seven percent of cases in federal court and about 95 percent in state court are resolved through negotiated pleas. Many of these citizens are innocent, and become wrongfully convicted.)

http://www.skepticaljuror.com/2010/09/on-rate-of-wrongful-conviction-chapter_07.html

Jury: http://4.bp.blogspot.com/_ajvIa8Pacyc/TIbPapS5nwI/AAAAAAAAAQQ/YjZzF42zjDw/s1600/Results+Jury+Trials.png

Bench: http://1.bp.blogspot.com/_ajvIa8Pacyc/TIbRJ47VGiI/AAAAAAAAAQg/CWpl5aHjxpE/s1600/Results+Bench+Trials.png

All Trials: http://1.bp.blogspot.com/_ajvIa8Pacyc/TIbReVOfs6I/AAAAAAAAAQo/BrqWLmkdSQM/s1600/Results+All+Trials.png

New Study Estimates Rate of False Convictions at 11.6%

https://www.law.umich.edu/special/exoneration/Documents/NRE%20Urban%20Institute%20VA%20Study.pdf

A new report by the Urban Institute in Washington, D.C estimates that the defendants were innocent in 11.6% percent of rape and rape-murder convictions in Virginia from in the 1970s and 1980s.... data from these DNA tests are “supportive of exoneration in between 8 and 15 percent” of the rape and murder convictions examined. ... But DNA testing is only available for a small minority of crimes, and those without DNA are as likely to produce wrongful convictions...

Safety from Plea-Bargains’ Hazards

https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1965&context=plr

The researchers estimated that if all death sentenced defendants were to remain under sentence of death indefinitely, at least 4.1% would be exonerated, but concluded this to be “a conservative estimate” of the proportion of false convictions among death sentences in the United States, and that it is almost certain that the actual proportion is significantly higher.

Moreover, a fascinating empirical study, initiated and funded by the State of Virginia, supports an even higher estimate of the false conviction rate about fifteen percent....

Why So Few Misdemeanor Exonerations?

http://us10.campaign-archive1.com/?u=86fc3b614e73affdc18bf5a93&id=69bf1b930d&e=4abfda3645

Fewer than 2% of the exonerations in the Registry

28 out of 1,671 are for misdemeanors,

despite the fact that they make up at least 80% of criminal convictions in the United States.

We don’t know the actual proportion because in many jurisdictions misdemeanors are never counted.

MISDEMEANOR APPEAL

https://www.bu.edu/bulawreview/files/2019/10/KING-HEISE.pdf

...appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence out of every ten thousand misdemeanor judgments.

  • Nearly 100% of all misdemeanor exonerations no crime ever occurred. With one exception, all misdemeanor exonerations no crime occurred.

  • 32% of felony exonerations no crime occurred.

  • Guilty pleas account for some 95% of felony convictions, AND 99% of Misdemeanor convictions.

  • Police Officer Misconducts in two thirds of the misdemeanor exonerations.

  • Nearly 80% of misdemeanor exonerations were for convictions based on guilty pleas.

  • 16% of felony exonerations involved guilty pleas.

  • Particular police officers are systematically corrupt: they file false reports, steal money from suspects, solicit bribes, or plant drugs on innocent defendants.

ERRORS IN MISDEMEANOR ADJUDICATION

http://www.law.umich.edu/special/exoneration/Documents/MisdExons.BULRev.pdf

There are millions of misdemeanor convictions each year in the United States. They make up the great majority of all criminal convictions, but only about 4% of exonerations (85/2,145, as of the end of 2017). The reason is simple: exonerations are expensive, time-consuming affairs. The scarce resources they require are generally reserved for convictions that send innocent people to prison for many years. Unlike felony exonerations, the great majority of the few misdemeanor exonerations we know about were for convictions based on guilty pleas, and occurred in cases in which innocent defendants were convicted of crimes that never happened as opposed to crimes committed by other people. ... Almost all the misdemeanor exonerations depended on unlikely events that made exoneration cheap and simple—usually forensic tests that law enforcement conducted for their own purposes; sometimes previously unknown videos, or criminal investigations of dishonest police officers. These fortuitous opportunities have produced clusters of misdemeanor exonerations, but without the benefit of such rare events, innocent defendants convicted of misdemeanors are just out of luck.

There’s every reason to worry that many defendants who are convicted of misdemeanors, usually by guilty pleas, are innocent—but there are hardly any data that speak to that issue. ... at present, about 13.2 million misdemeanor cases are filed in the United States each year, producing millions of convictions. Almost none ever produce exonerations that we have been able to find and list in the Registry. Almost none, however, is not quite zero. Four percent of the exonerations we know about involve misdemeanors (85/2145), and these rare specimens provide hints at what goes on in the uncharted depths of lower criminal courts.... false misdemeanor pleas by felony defendants outnumber false felony convictions...

Like almost all misdemeanor exonerations it’s a “no-crime” exoneration. She was convicted of a crime that never happened, as opposed to one that someone else Committed....cleared by post-conviction DNA database...

Guilty pleas account for some ninety-five percent of felony convictions,... misdemeanors, where the guilty pleas may approach ninety-nine percent of all convictions,...

In fact, we have no idea how many innocent defendants plead guilty because we almost never try to find out, not for felonies and certainly not for misdemeanors...

With one exception, all eighty-five misdemeanor exonerations are no-crime cases: ... committing assaults when they themselves had been assaulted, or doing other things that never happened.

In contrast, thirty-two percent of felony exonerations are no-crime cases.

there was misconduct by police officers in two-thirds of the misdemeanor exonerations ... including three cases that also included misconduct by prosecutors. Nearly eighty percent of misdemeanor exonerations were for convictions based on guilty pleas, ... Only sixteen percent of felony exonerations involved guilty pleas. ...

Almost eighty percent of the misdemeanor exonerations we know about are from convictions based on guilty pleas ... substantial numbers of innocent defendants plead guilty to avoid pretrial detention....

A high proportion of all misdemeanor arrests are based on conduct that is observed by police officers. Inevitably, police arrest people by mistake,...Much, perhaps most, of the evidence in misdemeanor cases comes from police officers—who sometimes lie....

More than seventy percent of misdemeanor exonerations were based on forensic testing...and two DNA exonerations. All were for convictions based on guilty pleas. By contrast, nearly three-quarters of the misdemeanor exonerations that weren’t based on forensic testing...were from convictions after trial.

We’ve run into this pattern in another context. In several jurisdictions, prosecutors across the years have learned that particular police officers are systematically corrupt: they file false reports, steal money from suspects, solicit bribes, or plant drugs on innocent defendants. When that happens, a common response is to dismiss all charges based on testimony by those officers in cases that are still pending; before trial, at trial, or on appeal; but to do nothing to reopen similar convictions in closed cases.

The rate of guilty pleas by innocent defendants is probably higher for misdemeanors than for felonies, especially for misdemeanor defendants in pretrial detention, who are certain to spend significant time in custody if they don’t plead guilty. The exonerations we know about suggest that virtually none of them are ever exonerated, unless exculpatory forensic evidence appears unbidden, as if by magic.

Please SIGN & SHARE this petition. Thank YOU!

Sign the Petition to

Stop Wrongful Convictions of

Domestic Violence.

http://www.petition2congress.com/1627/stop-false-allegations-domestic-violence/?fb_action_ids=105527949643900&fb_action_types=og.recommends&fb_source=aggregation&fb_aggregation_id=288381481237582

Prosecutor Bias and Misconduct in Domestic Violence and Sexual Assault Cases

http://www.saveservices.org/downloads/Prosecutor-Bias-Misconduct-in-Domestic-Violence

Who Kills Whom? Victim-Offender Relationship

https://sites.google.com/site/korruptlaw/home/toomanylaws/Who%20Kills%20Whom.rtf?attredirects=0&d=1

Overwhelmingly, females kill family members. In fact, almost 60% of female homicide offenders kill an intimate partner, child, or other family member, such as a (step)parent, (step)sibling, or extended relative. Men, in comparison, kill a family member about 20% of the time.

A woman is as likely to use a knife to commit her homicide, a change from 20 years ago when guns were more prevalently used by female murderers.

Weapons Used in Family Violence:

2010 CRIME IN Texas - Family Violence

https://sites.google.com/site/korruptlaw/home/gun-rights/Texas%20Family%20Violence.rtf?attredirects=0&d=1

Domestic Violence Deaths in

NORTH DAKOTA

by WEAPON & GENDER

of Victim, 1992-2011:

https://sites.google.com/site/korruptlaw/home/toomanylaws/2012%20ND%20DV%20Review.rtf?attredirects=0&d=1

Although there is only one more female victim death per year than males from domestic violence in North Dakota, this report claims if you are a male in North Dakota domestic violence is all your fault 94% of the time.

North Dakota Domestic Violence Stats 1992-2011:

* 3.5 female victim DV deaths per year.

* 2.5 male victim DV deaths per year.

* 5.95 total deaths per year from domestic violence. (This compares to one typical traffic accident.)

* 2.55 firearms DV deaths per year.

* 3.4 non-firearms DV deaths per year.

* Of all the new victims of domestic violence in N.D. for year 2011 aproximately 0.14% total deaths resulted from domestic violence.

* Based on the reported percentage of female victims in N.D. (1:1 victim ratio comparison), females killed males 11 times more often during domestic violence incidences.

http://www.thecrimereport.org/news/inside-criminal-justice/2015-02-americas-guilt-mill

Thousands of Americans, many of them poor, are wrongfully convicted each year for crimes that don’t make headlines. While innocence advocates focus on lifers, those falsely accused of lesser crimes are the overlooked casualties of our overburdened courts.

... Experts believe that thousands of people are wrongfully convicted each year in America for the types of crimes that Jernigan was charged with—second-tier felonies like robbery, burglary and assault. And when misdemeanors and driving infractions are included, the number of flawed convictions increases exponentially

... “And I think that when they get convicted of relatively minor stuff where they didn’t do anything wrong, they just chalk it up to a bad experience, do their time, and simply move on.” Most who are convicted of minor crimes are unlikely to pony up a retainer—typically $25,000 or much more—to hire a lawyer to seek justice.

... DNA evidence is rarely collected in the ham-and-egg cases—stickups, break-ins and rip-offs—that predominate on court dockets nationwide. Biological evidence is collected in just one of five crimes, nearly all of them murders or rapes. A 2010 study for the National Institute of Justice said fewer than 10 percent cent of assaults, burglaries and robberies had physical evidence examined in crime labs, compared with 81 percent for murders.

...About 75 percent of all known exonerations have involved a homicide or sexual assault case. ...Still, just 6 percent of known exonerations were in robbery cases, even though there are four times as many robberies reported annually than the total for murder and rape.

...“There are virtually no exonerations for the misdemeanors and nonviolent felonies that constitute the vast majority of all criminal convictions, and probably include the majority of false criminal convictions as well.”

...With more than 2 million people behind bars in America, those who claim wrongful convictions for lesser felonies have little chance of being heard above the din of lifers asking for help from innocence advocates.

...The calendar is another important factor. A successful challenge of a wrongful conviction takes an average of five to seven years, according to the Innocence Project. Those convicted of lesser felonies rarely serve prison terms that long.

...Those convicted of “run-of-the-mill felonies” don’t stand a chance, he says.

...DNA testing added scientific certainty to major felony cases where blood, saliva, skin, hair or semen evidence is available. But little has changed since Borchard’s time for those convicted of lesser felonies. As often as not, luck still plays a role in the few exonerations for those crimes.

...the rate [of wrongful convictions] is higher in minor crimes because they get little attention as they are plunged through courthouse bottlenecks. No one doubts that robberies, assaults and burglaries are subject to the same issues of mistaken eyewitnesses, the calculated police false testimony known as “testi-lying,” incompetent defense attorneys, and crime lab malfeasance that doom defendants in major cases. “It’s foolhardy to think that errors aren’t reasonably substantial in all other crimes, both felonies and misdemeanors,”

...Courts use plea bargains to help equalize inboxes and outboxes. And experts say the use of enticements to wheedle admissions of guilt out of the accused makes the plea bargain process a lodestone for wrongful convictions. Ninety-seven percent of cases in federal court and about 95 percent in state court are resolved through negotiated pleas. "To a large extent this kind of horse trading determines who goes to jail and for how long,”

...“I think you see a lot of pleas by people who have had previous contact with the criminal justice system, and maybe it didn’t turn out well for them,” says Zalman. “Maybe they’ve had a brother or an uncle who was locked up. Maybe they say, ‘I’m branded already so I’m screwed one way or the other. I’ll take the better of the two bad options.’”

...An indigent defendant typically meets his public defender, if he has one at all, just moments before he steps into court. Often, the defender has worked out a deal with the prosecutor: little or no jail time for a guilty plea. He recommends that the offender accept the offer, and most grab it. The New York Civil Liberties Association explored this meet ‘em-and-plead ‘em convention in a September 2014 report, “State of Injustice.” It said that one in three poor criminal defendants in Onondaga County, N.Y., never meet their appointed defender before court. In several New York counties, criminal defendants routinely appear at arraignment without an attorney. Anecdotal evidence suggests this is how business is done in many American courtrooms. Mark Denbeaux, a Seton Hall law professor who has studied plea bargains, suggests that those accused of routine street offenses—fistfights, shoplifting, prostitution, and even traffic infractions—are keenly susceptible to the “overwhelming temptation” to accept a plea deal to get out of jail, even if they are innocent.

...“is that it extracts guilty pleas from innocent people on a routine basis.”

...The ramifications can also include impediments to employment and sentencing add-ons for those later convicted of new crimes.

...The arm-twisting of plea bargains is the marrow of what Zalman calls our “sloppy” system of justice. “If you look at any system that’s under a lot of pressure to produce outcomes, you get these little shortcuts and work-arounds that people create to hurry the process,” says James Doyle, a Boston attorney and former National Institute of Justice visiting fellow. “Then these shortcuts become the new normal.”

...‘Testi-Lying’...the police lies, both petty and grand, that become foundational to prosecutions.

... testi-lying “has long been an open secret among prosecutors, defense lawyers, and judges.”

... lies are knit through our justice system.

...Lying almost certainly is a byproduct of the disillusionment that is pervasive among cops and others who work in criminal justice.

...“Everyone who works in courthouses has a deep cynicism about the clientele they are dealing with. There is an assumption that they must be guilty of something; if they didn’t do this, they probably did something else.” This presumption of guilt is a billboard factor in a justice system “defined by error,”

...“We have this very simplified world view, where there are good guys and there are bad guys,” Stevenson says. “A victim is good. Someone accused of committing a crime is bad. The people trying to punish him are good. The people trying to defend him are bad.”

...During her long career as a public defender, Freeman says, she has learned that her peers are as susceptible to jading as cops and prosecutors. “The thing that we’re all afraid of is that we’ve got an innocent client and our own cynicism keeps us from seeing that—from turning over that last rock that might prove it,” she says. ...

Full Article: http://www.thecrimereport.org/news/inside-criminal-justice/2015-02-americas-guilt-mill

Wrongful Convictions for Lesser Crimes

Often Fall through the Cracks

America’s Guilt Mill

Hold False Accusers Accountable For Making False Accusations.

SIGN & SHARE this petition.

http://www.change.org/petitions/dhs-cws-cps-and-the-court-system-hold-false-accusers-accountable-for-making-false-accusations

False accusation will cost woman $55,000

http://www.vcstar.com/news/2010/jan/02/55000-ordered-paid-for-false-accusation/

False Allegations Awareness

http://falseallegationsawareness.com/

America’s legal system has become awash in false allegations of abuse, including false accusations of domestic violence, child abuse, and sexual assault. False allegations are harmful because they:

  • Take away scarce protections and services from real victims

  • Can be devastating to the falsely accused

  • Undermine due process and cause misuse of our legal system

  • Force children into single-parent households, placing them at higher risk of social pathologies

Let’s be perfectly clear: Making a false accusation of domestic violence is a crime, and persons who make such allegations should be held liable for their actions.

June is False Allegations Awareness Month. Throughout the month, events are held around the country to raise awareness that making a false allegation of abuse is a form of abuse.

Facebook/FALSE ALLEGATIONS OF DOMESTIC VIOLENCE MUST STOP

https://www.facebook.com/events/211233432308311/

Abusegate: teaching women to falsely accuse

http://www.renewamerica.com/columns/roberts/100216

False Allegations

http://joefriday100.blogspot.com/2011/06/june-is-false-allegations-awareness.html

One in 10 Falsely Accused of domestic violence, child abuse, or sexual assault

http://toysoldier.wordpress.com/2012/01/19/one-in-10-falsely-accused-of-abuse-survey/

Just the Facts

http://joefriday100.blogspot.com/

FALSE ALLEGATIONS OF DOMESTIC VIOLENCE

http://www.brainsyntax.com/Home/MessageDetail/1072

High Court Judge: Don't always believe claims of domestic violence, as parents can 'rewrite' history when making accusations against each other

http://www.dailymail.co.uk/news/article-2528681/High-Court-Judge-Dont-believe-claims-domestic-violence-parents-rewrite-history-making-accusations-against-other.html

Too many incentives, and rewards to convict people, make criminals, and create In-justices.

There are No rewards, or incentives to prove Right or Wrong, Truth, and create Justice.

20 Wrongfully Convicted Death Penalty Statistics

http://brandongaille.com/20-wrongfully-convicted-death-penalty-statistics/

With an average rate of 3.5 people being exonerated each year, there could be a number of wrongfully convicted prisoners who are telling the truth ... Executing an innocent person for a crime they did not commit is the greatest travesty of any legal system in existence right now. As of March 2014, there have been 144 total convictions that have been overturned since 1973, meaning 144 potentially innocent people were sentenced to die incorrectly.

Go to Trial: Crash the Justice System

http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0

...“Most people charged with crimes forfeit their constitutional rights and plead guilty."

..."The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used,”

...In the race to incarcerate, politicians champion stiff sentences for nearly all crimes, including harsh mandatory minimum sentences and three-strikes laws; the result is a dramatic power shift, from judges to prosecutors.

The Supreme Court ruled in 1978 that threatening someone with life imprisonment for a minor crime in an effort to induce him to forfeit a jury trial did not violate his Sixth Amendment right to trial. Thirteen years later, in Harmelin v. Michigan, the court ruled that life imprisonment for a first-time drug offense did not violate the Eighth Amendment’s ban on cruel and unusual punishment.

No wonder, then, that most people waive their rights.

Plea Bargaining –

An Effective Tool for Prosecutorial Abuse of Power

http://wrongfulconvictionsblog.org/2014/11/30/plea-bargaining-an-effective-tool-for-prosecutorial-abuse-of-power/

“97 percent of federal convictions and 94 percent of state convictions are the result of guilty pleas.” (USSC, Missouri vs. Frye, 2012)

Think about that for a minute — 19 out of 20 criminal cases never-go-to-trial.

These cases are disposed of through a guilty plea that resulted from a plea agreement. The defendant never gets a trial, and goes directly to jail.

It’s called “plea bargaining,” but there is little-to-no actual bargaining that takes place. A plea offer can be made even before the case goes to a grand jury, and the defendant has no idea how strong, or weak, the prosecutor’s case might be. The prosecutor has a very, very long list of often-overlapping charges that can be “stacked” to build a breathtakingly long anticipated sentence, which he can use to “bargain” (read threaten) with the defendant. And the ability to “stack” is further augmented for charges that carry mandatory minimum sentences. It’s pretty much a “take it or leave it” deal. The ONLY bargaining power the defendant has is to refuse the plea offer, forcing the prosecutor to take the case to trial. This is the genesis of the so-called “trial penalty,” which has been well covered on this blog here and here. The defendant can take whatever the prosecutor offers, or expose himself to an exceedingly long sentence at trial.

In accepting a plea agreement, the defendant obviously gives up his constitutional right to a jury trial, but he may also have to give up his right to appeal, or to file civil suit, or to even talk about the case. And then once convicted of a felony, there is a whole list of other collateral consequences as well.

If you want to understand what plea bargaining is all about, and how it really works, please read Ms. Whaley’s paper here:

Plea Agreements – Whaley: https://globalwrong.files.wordpress.com/2014/11/plea-agreements-whaley.pdf

If you’re interested in a little further reading, this article by Timothy Lynch at the Cato Institute, Cato – Plea Bargains: https://globalwrong.files.wordpress.com/2014/11/cato-plea-bargains.pdf covers the 1978 US Supreme Court case (Bordenkircher v. Hayes) that established the precedent for plea bargaining – a case in which a man wound up in prison for life – for passing a bad $88 check.

Much Celebrated American Trial is Dying in Real Life

http://www.northwestern.edu/newscenter/stories/2009/03/burnstrial.html

...Overall, for all areas of the law, federal civil trials have declined 60 percent since the mid-1980s. In 2002, less than 2 percent of those cases ended in a trial – down from 12 percent in 1962 and 20 percent in the 1920s. Less than 5 percent of criminal cases go to trial; most result in plea bargains.

US Federal Court Criminal Cases

http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CriminalCases.aspx

...The defendant enters a plea to the charges brought by the U.S. attorney at a hearing known as an arraignment. Most defendants — more than 90% — plead guilty rather than go to trial. If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a "plea bargain."

US Federal Court Civil Cases

http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CivilCases.aspx

...To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. In particular, the courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, or "ADR," designed to produce an early resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often decide to resolve a civil lawsuit with an agreement known as a "settlement."

Safety from Plea-Bargains’ Hazards

https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1965&context=plr

In practice, only 3% of all federal cases go to trial, and only 6% of state cases. In the remainder, conviction is obtained through pleabargaining.

Despite being Innocent

over 95% of all defendants are forced to plead guilty rather than go to trial.

NIGGERS OR SLAVES AND BAD GUYS ALL PLEAD GUILTY 95% TO 99% OF ALL CASES.

BUT WHY WOULD BAD GUYS WHO ARE DISHONEST CRIMINALS BE SO HONEST AND ADMIT THEY ARE GUILTY, EVEN WHEN THEY ARE NOT.

MOST PEOPLE INCLUDING THE LAW ABIDING GOOD GUYS LOOK FOR A SCAPEGOAT TO AVOID ACCOUNTABILITY. BUT, YET 95% OF ALL DEFENDANTS PLEAD GUILTY.

LMFAO.

Due Process is Dead: A Staggering 95% of All Inmates in America Have Never Received a Trial

http://thefreethoughtproject.com/due-process-dead-staggering-95-inmates-america-received-trial

In the Land of the Free, one-quarter of the entire planet’s prison population, some 2.2 million people, currently languish behind bars; yet, an astonishing number of them — around 2 million — have never been to trial....

“The reality is that almost no one who is imprisoned in America has gotten a trial,” explains award-winning journalist, Chris Hedges, in a recent Truthdig column. “There is rarely an impartial investigation. A staggering 97 percent of all federal cases and 95 percent of all state felony cases are resolved through plea bargaining.” Of those millions who bargained away their right to a trial by accepting plea deals, “significant percentages of them are innocent.”...

Only 2% of federal criminal defendants go to trial, and most who do are found guilty

https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty

Nearly 80,000 people were defendants in federal criminal cases in fiscal 2018, but just 2% of them went to trial. The overwhelming majority (90%) pleaded guilty instead, while the remaining 8% had their cases dismissed... only 320 of 79,704 total federal defendants – fewer than 1% – went to trial and won their cases, at least in the form of an acquittal... They do not include federal defendants whose cases were handled by magistrate judges, or the much broader universe of defendants in state courts.... Individuals who choose to exercise their constitutional right to trial can face much higher sentences if they invoke the right to trial and lose,... “there is even less likelihood of a case proceeding to trial in state court than in federal court.”...

(Any images used on this site are given credit to, and are from the following Links):

Some thought provoking Wrongful Convictions images are Linked here:

http://www.libertyforlife.com/images/usa-worlds-worst-prison-state.jpg

http://www.libertyforlife.com/jail-police/images/usa-worst-prison-state-m.jpg

http://www.libertyforlife.com/images/world-prison-pop-perc.gif

http://d22r54gnmuhwmk.cloudfront.net/photos/2/wc/xd/RFWCxDLkboknfPq-556x313-noPad.jpg

http://www.bettergov.org/assets/1/Page/New_Causes_Bar.jpg

http://4.bp.blogspot.com/_ajvIa8Pacyc/TPWvd1hUzmI/AAAAAAAAAS0/PWF6LyOXkr4/s1600/Chance+of+Wrongful+Conviction+Jury.png

http://1.bp.blogspot.com/_ajvIa8Pacyc/TPWvIMV8W4I/AAAAAAAAASw/peDt2rM2DSM/s1600/Chance+of+Wrongful+Conviction+Judge.png

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http://wandervogeldiary.files.wordpress.com/2011/06/defect_sci_chart_21.gif

http://i2.cdn.turner.com/cnn/2012/images/05/21/c1main.exonerations.reasons.jpg

http://www.truthinjustice.org/chart.jpg

http://1.bp.blogspot.com/_z0oFwA6DLe8/Sed-Fe-qnJI/AAAAAAAAAJA/H1XrchYlqj8/s320/r20090417-dna.gif

http://1.bp.blogspot.com/_2bKG28ow1go/ShQTa4xPz1I/AAAAAAAAAC0/cJd5sCKtyr8/s400/CausesOfWrongfulConvictionsGraphNYBarReport.jpg

http://globalwrong.files.wordpress.com/2012/07/worlds-leading-jailer.jpg

http://globalwrong.files.wordpress.com/2012/07/incarcerated-americans.jpg

http://www.newswise.com/images/uploads/2012/10/24/TypeofCrime3.jpg

http://www.pwc-sii.com/Research/research/pics/ground22.PNG

http://www.rit.edu/cla/wrongfulconvictions/media/images/head_logo.png

http://www.ahalelaw.com/wp-content/uploads/2011/03/hiddenTruth1.png

http://1.bp.blogspot.com/_ajvIa8Pacyc/TIbReVOfs6I/AAAAAAAAAQo/BrqWLmkdSQM/s1600/Results+All+Trials.png

http://salsa.democracyinaction.org/o/206/images/June%2025%20AT/PFADP%20Wrongful%20Convictions%20Tour%20graphic.jpg

http://ivolchasingjustice.files.wordpress.com/2013/01/logo.jpg?w=610

http://lodgenews.group.shef.ac.uk/wp-content/uploads/2012/07/graph1.jpg

http://cache0.bdcdn.net/assets/images/book/medium/9781/5526/9781552662687.jpg

http://fsne.org/2011awards/images/fsne2011.051.jpg

http://img.scoop.it/mdDrs4JL9IH7G5sSO9T_sjl72eJkfbmt4t8yenImKBVaiQDB_Rd1H6kmuBWtceBJ

http://library.cqpress.com/cqresearcher/file.php?path=/images/CQ_Researcher/r20090417-cover.jpg

http://0-library.cqpress.com.libra.naz.edu/cqresearcher/file.php?path=/images/CQ_Researcher/r20090417-xoneration.gif

http://0-library.cqpress.com.libra.naz.edu/cqresearcher/file.php?path=/images/CQ_Researcher/r20090417-convictmap.gif

http://25.media.tumblr.com/tumblr_mbp572Vovc1rqktsuo1_400.jpg

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http://img.scoop.it/0TXRZsgllTCXpcp8FNIg4Tl72eJkfbmt4t8yenImKBVaiQDB_Rd1H6kmuBWtceBJ

http://media.nj.com/njv_editorial_page/photo/eyewitness-misidentification-chartjpg-39f4d2950bbd96c0.jpg

http://stopwrongfulconvictions.files.wordpress.com/2012/02/nas5-summary31.jpg

http://www.salem-news.com/gphotos/1281825129.jpg

http://www.itcouldhappen2you.org//wp-content/uploads/2011/07/takeastand1.png

http://www.wrongfulconvictionlawsuitdefense.com/new%20poster%20hale%20WTP.jpg

http://truthinjustice.org/sad-stats.htm

http://globalwrong.files.wordpress.com/2013/09/falsejustice.jpg?w=197&h=300

http://bellsouthpwp2.net/a/r/arietti/women_often_aggressor.jpg

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http://wrongfulconvictionsblog.org/2014/09/10/adding-balance-and-transparency-to-the-plea-bargaining-process/

The Hon. Jed Rakoff — U.S. District Judge, Federal District Court in Manhattan — has expressed concern over the fairness and accuracy of outcomes resulting from plea bargaining. In the United States, plea agreement negotiations have become the resolution mechanism for the vast majority—more than 95 percent—of federal and state criminal cases. The judge believes that the process contributes to an unacceptable number of innocent people pleading guilty to crimes they did not commit.

“We have hundreds, or thousands or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty,” Judge Rakoff said at the University of Southern California Gould School of Law’s annual Neiman Sieroty Lecture earlier this year. Read an article in USCNews on his comments: https://news.usc.edu/61662/why-innocent-people-plead-guilty/

Innocents Who Plead Guilty

http://www.law.umich.edu/special/exoneration/Documents/NRE.Guilty.Plea.Article1.pdf

About 95% of felony convictions in the United States (and at least as many misdemeanor convictions)

are obtained by guilty pleas...

hundreds of thousands of additional defendants plead guilty every year to avoid pre-trial detention in nondrug cases. It’s anyone’s guess how many are innocent, but judging from drug pleasin Harris County it’s a lot...

Why Does My Case Take So Long To Get To Trial?

http://www.cochranfirm.com/resources/Ask-our-Lawyers/gettingtotrial.html

...Most courts set trial dates many months ahead of time. Thus, a case which is set to go to trial in seven to eight months may get continued for an additional seven to eight months if the court's docket has more than one case ready to be tried on that date.

...Second, the discovery phase of litigation is time consuming.

...The more complicated cases take longer to prepare for trial.

...thus, even when the parties and their lawyers are anxious to move the case, experts can cause additional delays.

...The competency and billing practices of some attorneys can also contribute to litigation delays. Lawyers who do not have the experience or knowledge to know how to handle the case often do nothing. Other lawyers may get paid on an hourly basis and thus benefit monetarily as the case drags out longer.

...Courts which try both civil and criminal cases usually designate certain weeks during a month as criminal or civil weeks. Criminal matters may not be set during civil weeks and vice versa.

...Jury cases cannot be tried during weeks designated as judge trial weeks and vice versa.

...The availability of witnesses for trial also may affect the delays associated with bringing a case to trial.

Panel fears the declining number of jury trials may undermine public confidence

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/RSSFeed/F07EFCCCCE0A727C8525797C006B9E1E

With the exception of DUI, far less than 1 percent of the civil and criminal county court cases go to jurors.

America's Justice System Has Failed Us All

http://www.huffingtonpost.com/conrad-black/us-justice-system_b_1110623.html

...The United States has five per cent of the world's population, 25 per cent of the world's incarcerated people, and 50 per cent of the world's lawyers

...Almost everything about the American system is wrong. Grand juries are a rubber stamp for the prosecutors; assets are routinely frozen or seized in ex parte actions on the basis of false government affidavits, so targets don't have the resources to pay avaricious American counsel and are thrust into the hands of public defenders, who are usually just Judas goats for the prosecutors. The prosecutors poison the jury pool with a media lynching at the start; bail is often outrageously high, and prosecutions and ancillary proceedings from the SEC, IRS, etc., drag on for a whole decade, all contrary to the Fifth, Sixth, and Eighth Amendments. The plea bargain system, for which prosecutors would be disbarred in most other serious countries, enables prosecutors to threaten everyone around the target with indictment if they don't miraculously recall, under careful government coaching, inculpatory evidence. Prosecutors win 95 per cent of their cases, 90 per cent of those without a trial, and people who exercise their constitutionally guaranteed right to go to trial receive more than three times the sentence they receive if they cop a plea, as a penalty for exercising their rights.

...Over 70 per cent of American cases would be inadmissible in Canada or Britain as frivolous or vexatious litigation

Families Against Mandatory Minimums!

http://famm.org/call-in-day-dec-10-give-the-u-s-senate-judiciary-committee-a-piece-of-your-mind/

Mandatory minimum laws strip judges of their sentencing power, and give unethical prosecutors free rein. Let's all support this effort by Families Against Mandatory Minimums!

NY Times: Prosecutors Draw Fire for Sentences Called Harsh

http://www.nytimes.com/2013/12/06/us/federal-prosecutors-assailed-in-outcry-over-sentencing.html?nl=todaysheadlines&emc=edit_th_20131206&_r=0

"While mandatory sentence laws have frustrated judges and defense lawyers for nearly three decades, calls to revise the laws have surged in the past year."

Report: Nearly All Drug Defendants “Forced” to Plead Guilty

http://www.salon.com/2013/12/05/report_nearly_all_drug_defendants_forced_to_plead_guilty/

"The right to trial, in the face of prosecutorial bargaining power, is de facto obliterated."

“An Offer You Can’t Refuse: How U.S. Federal Prosecutors Force Drug Defendants to Plead Guilty"

http://www.hrw.org/node/120933

The 126-page report details how prosecutors throughout the United States extract guilty pleas from federal drug defendants by charging or threatening to charge them with offenses carrying harsh mandatory sentences.

Pleading Guilty While Innocent: Alford Pleas, Canada, and Combatting Wrongful Convictions

http://www.aidwyc.org/alford-pleas/

An Alford Plea, also called a “no contest plea,” is a plea-bargaining tool used in the United States (US), where the accused simultaneously pleads guilty and maintains innocence.

...The innocent pleading guilty is not a new phenomenon. It is evident in some of the most high-profile wrongful conviction cases ...plea-bargaining as the justice system’s “dirty little secret.” As the system stands, accused facing very serious charges who worry about being convicted are encouraged to accept any bargain from the Crown, regardless of guilt or innocence...

Guilty Pleas and False Confession

http://www.law.umich.edu/special/exoneration/Documents/NRE.Guilty.Plea.Article4.pdf

False confessions are relatively infrequent. Confessions by innocent suspects usually follow prolonged interrogations. Police only have time to do that in the most serious cases.As a result, 70% of exonerations with false confessions are murder cases.

Guilty pleas, by contrast,account for 95% of all criminal convictions.

In Search of Gideon, 53 Years Later

http://3blmedia.com/News/Search-Gideon-53-Years-Later

Today, 80 percent of people accused of crimes in the Unites States must rely on the public defense systems. The average person living from paycheck to paycheck, whose son or daughter or spouse gets into trouble with the law, cannot afford to write a large retainer check to a private lawyer. These individuals are forced to rely on public defenders and court-appointed lawyers who are paid on average about $60.00 per hour. Their caseloads are burdensome, and they often have conflicting interests with other cases, clients, and matters.

The data available on how much time these lawyers spend preparing to defend their clients is horrifying. A 2014 American Bar Association study found that public defenders spend on average 8.7 hours preparing cases for the most serious class A and class B felonies, which carry sentences with mandatory minimums of 10 years. It is not unusual for a client not to meet the lawyer until the first day of scheduled trial and for the lawyer to be looking over the case file while waiting for the court calendar to be called.

That is the main reason why 95 percent of all criminal cases in the United States are disposed of by prosecutor-dominated guilty pleas and why our prison population, 60 percent of which is of African American and Hispanic descent, is by far the highest in the world, and why we are now seeing so many reported cases of wrongful conviction and imprisonment....

Once convicted, a criminal defendant has less than a 3 percent chance of obtaining a reversal in a state post-conviction or appellate proceeding, with even less chance on federal review. A lukewarm lawyer is not an acceptable alternative.

Prosecutors, Charge Stacking, and Plea Deals

http://wrongfulconvictionsblog.org/2015/06/12/prosecutors-charge-stacking-and-plea-deals/

We’ve posted several times on the blog about how prosecutors will “stack charges” against a defendant, thus building a very long potential prison sentence if convicted, and then approach the defendant with a “plea deal” that would result in a guaranteed, substantially reduced charge and sentence if the defendant agrees to plead guilty to the reduced offense.

If the defendant takes the deal, the prosecutor doesn’t have to take the case to trial, and possibly not even to a grand jury, both of which are a lot of work and require a lot of time on the part of the prosecutor. This has become absolutely standard practice.

The prosecutor will “stack” charges to build such a scary potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “trial penalty ” – that very scary long sentence if they should somehow be convicted at trial.

Not surprisingly, the nature of the deal offered by the prosecutor will be driven by how strong a case he/she thinks they would have in court – the weaker the case, the better the deal.

Let me also add that the prosecutor has no problem assembling a very log list of charges against you.

The penal code has become so vast, and there are so many laws, that there’s a law against practically everything. I suggest that most people are not even aware they’re breaking a law when they do it, because they don’t know the law exists. I swear; I think they could charge you with something for walking down the sidewalk whistling a tune while wearing a blue shirt. Continue reading →

http://wrongfulconvictionsblog.org/2015/06/12/prosecutors-charge-stacking-and-plea-deals/

As United States Exonerations Rise, Role of Guilty Pleas in Generating Wrongful Convictions Scrutinized

http://www.innocenceproject.org/news-events-exonerations/as-united-states-exonerations-rise-role-of-guilty-pleas-in-generating-wrongful-convictions-scrutinized#sthash.FzpaUtqG.dpuf

An Ohio man who was wrongfully convicted of a crime and eventually exonerated after spending 21 years in prison is just one among a growing number of exonerees who pleaded guilty to crimes they didn’t commit, according to a news story published in today’s Cleveland.com

Think about this. 99% of all defendants in this county pleads guilty to a lesser charge, many of whom are innocent to avoid going to trial. What does that tell you about justice in America? What does that tell you about the people's faith in the system?

It says the justice system is one-sided with all power on the side of Government (law enforcement, prosecution, judges, legislation, lawyers, etc.,...) with little to no powers residing with the people.

It also says that the people are manipulated by fear, force, coercion by the absolute powers of the system that tell the people you wont win in court so don't even try.

So the People plead guilty to lesser charge in order to accept the lesser of the two evils.

But many are Innocent.

Felony charge often reduced for domestic abusers

http://www.itemonline.com/news/felony-charge-often-reduced-for-domestic-abusers/article_ce25717c-4154-11e6-a94e-7b7f753e5661.html

Just more than 1 percent of the more than 7,300 domestic violence cases in the last decade went to trial in Travis County (Texas), according to the Statesman. But many cases are handled with an agreement before trial and are more difficult to assess through statistics, experts said.

This is one reason many innocent people plead guilty to a crime they did not do ...

The Houston Man Who Refused to Plead Guilty Does Not Want an Apology

http://www.houstonpress.com/news/the-houston-man-who-refused-to-plead-guilty-does-not-want-an-apology-8667533

On May 14, after a Harris County sheriff’s deputy arrived at Cruz's northwest Houston apartment, he asked Cruz to leave the apartment so he could interview the woman alone. Cruz, explaining that the woman did not live there, said he did not feel comfortable leaving his own home, and he asked the deputy to interview the woman outside instead — an idea that apparently did not sit well with the officer. When Cruz would not leave, Deputy R. Delgado forcibly removed him — then punched him in the face. Delgado cuffed him, and backup showed up to haul Cruz off to jail for interfering with the investigation....

"On the misdemeanor side, people often feel a lot of pressure to plead," Amalia Beckner, a public defender, told us last week. "A lot of times, people can't afford to fight their cases because if they stay in jail they'll lose their homes, they'll lose their jobs, they'll lose their support system, which is often already somewhat tenuous. So it's difficult to watch when you realize we're keeping people just because their lack of ability to pay a few hundred dollars."

The lost boys - The Citizen

http://thecitizen.com/2017/12/26/the-lost-boys/

My very first lesson for my criminal justice students is to drill into their heads that the justice system is not about truth. It is about what you can prove and/or what deals you can make. Less than 10 percent (some say even as low as 2 percent) of charged individuals actually see a trial by jury. By far, most cases are settled on the telephone or in hallways. There is no way that every single charged individual could have a trial by jury. Rendering a plea is the most expedient way to deal with thousands of cases that come through courtrooms every year.

Wrongful convictions result in two ways. Some individuals are wrongly forced in the interrogation room to confess to crimes they didn’t commit. Space doesn’t allow me to explain why, but this phenomenon is well-documented...

If the evidence is damaging, even if the accused is innocent, this person is faced with a frightening choice. For example, he may be facing a life sentence if convicted, but only 5 years if he pleads to a lesser crime. This happens daily.

If I were in such a situation and I knew I was innocent, but I knew the judge was not impartial, the evidence made me look guilty, and I was facing the rest of my life in prison – I might agree to a plea....

Pleading Guilty to Get Out of Jail

https://theappeal.org/franklin-county-pennsylvania-bail-jail-high-jail-population

Magisterial District Judge Glenn Manns set her bail at $75,000, and she was remanded to Franklin County Jail. Because she was unable to purchase her freedom, Lescalleet had two options: plead guilty and hopefully get released because she was facing low-level offenses, or remain in jail and fight the charges. She spent the next month in jail before pleading guilty... On any given day, approximately 500,000 people sit in county jails pretrial across the United States, most because they are unable to pay bail....

In more than 75 percent of the cases, the person charged faced no more than a misdemeanor as the lead charge. The average case lasted 30 days before the defendant was released. What’s more, those cases in which the individual did not pay bail have cost the county the equivalent of more than 8,000 bed days at the jail, or an average of roughly $71 per person, per day. “We’ve created a machinery that churns out low-level convictions based not on individual guilt or culpability, but on an individual’s ability to pay,” ...“criminalization of poverty,” lamenting “a now-infamous phenomenon of people pleading guilty merely to get out of jail.”...

97% OF ALL NY DEFENDANTS PLEAD GUILTY.

45% OF THE NATIONS EXONERATED HAD PLED GUILTY.

BEING ACTUALLY INNOCENT CANNOT REVERSE JUDGEMENT.

Guilty Pleas: Seeking Just Outcomes

https://www.law.com/newyorklawjournal/2019/05/06/guilty-pleas-seeking-just-outcomes

Indeed, in 2016, less than 3% of nearly 50,000 criminal dispositions in New York state went to trial....While not all such appeals directly implicate guilt or innocence, innocent people do plead guilty.... Forty-five percent of the 166 exonerations nationally in 2016 involved convictions based upon guilty pleas....

In addition to seeking to reverse judgments rendered on guilty pleas upon direct appeal, criminal defendants may collaterally attack guilty pleas via post-conviction motions, alleging ineffective assistance of counsel and other issues. But under current law, innocence cannot be a basis for such relief....

Adding Balance

and Transparency to

the Plea Bargaining Process

"THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.

But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is." - Thomas Paine

Common Sense by Thomas Paine.

Thoughts on the Present State of American Affairs.

http://www.ushistory.org/paine/commonsense/sense4.htm

..."But where says some is the King of America? I'll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve as monarchy, that in America THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is."

..."A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some, Massanello may hereafter arise, who laying hold of popular disquietudes, may collect together the desperate and discontented, and by assuming to themselves the powers of government, may sweep away the liberties of the continent like a deluge. Should the government of America return again into the hands of Britain, the tottering situation of things, will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news, the fatal business might be done; and ourselves suffering like the wretched Britons under the oppression of the Conqueror. Ye that oppose independence now, ye know not what ye do; ye are opening a door to eternal tyranny, by keeping vacant the seat of government. There are thousands, and tens of thousands, who would think it glorious to expel from the continent, that barbarous and hellish power, which hath stirred up the Indians and Negroes to destroy us, the cruelty hath a double guilt, it is dealing brutally by us, and treacherously by them."

..."O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. — Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind."

* * *

Declaration of Independence

[... But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of ____ is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world....

..."He has affected to render the Military independent of and superior to the Civil power."...

"He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:"...

"For imposing Taxes on us without our Consent:"...

"For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us."...

...Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government,...]

Is this a declaration against the City, State, or Federal government of the United States?

It is taken from The Declaration of Independence July 4, 1776 against King of Britain.

Liberty

  • The condition of being free from restriction or control; freedom.

  • The right to act as one chooses.

  • Freedom from confinement or servitude.

Source: The American Heritage Dictionary

Man exonerated by own research gets $13M for wrongful conviction in rabbi slaying

http://ferrislawfirm.com/man-exonerated-research-gets-13m-wrongful-conviction-rabbi-slaying/

http://www.facebook.com/pages/Law-Office-of-Scott-A-Ferris-PA/343498489090556

New study links sleep deprivation to false memories

http://www.innocenceproject.org/Content/New_Study_Links_Sleep_Deprivation_to_False_Memories.php

Prisoner exonerations are at an all-time high, and it’s not because of DNA testing

http://www.abajournal.com/magazine/article/prisoner_exonerations_are_at_an_all-time_high/

Here's a shocker: "24% of exonerees in the registry were convicted in cases where no crime occurred."

... the exonerations listed in the registry represent just a fraction of the real number because most go unreported and do not garner media attention. Gross and his colleagues rely heavily on news articles to find out about exonerations, but have often been limited to finding only high-profile cases such as murder and rape. "What we don't know," he says, "far exceeds what we do know."

... "It shines the light on the entire criminal justice system," Brooks says. "If we're making mistakes in the biggest kinds of cases, such as death penalty cases, what does that say about lower-level crimes?"

The Innocent on Death Row

– NY Times Editorial

http://wrongfulconvictionsblog.org/2014/09/04/the-innocent-on-death-row-ny-times-editorial/

The exoneration of two North Carolina men who spent 30 years in prison — one on death row — provides a textbook example of so much that is broken in the American justice system. And it is further evidence (as though more were needed) that the death penalty is irretrievably flawed as well as immoral.

...Virtually everything about the arrests, confessions, trial and convictions of Mr. McCollum and Mr. Brown was polluted by official error and misconduct.

...Cases of capital prosecutions based on flimsy evidence or marred by prosecutorial misconduct, not to mention racial bias, are distressingly common. Yet, even as death-penalty supporters insist that only guilty people are sent to their death, it is now clear that Justice Scalia was prepared 20 years ago to allow the execution of a man who, it turns out, was innocent.

How many more remain on death row today? Can the American people be assured that none will be killed by the state? For this reason alone, the death penalty must end.

Judge's remarks show she often assumes guilt

www.courier-journal.com/story/news/local/2014/09/05/judge-admits-making-inappropriate-comments/15121213/

While arraigning Daniel Bakken in February 2013 on a charge of stabbing his wife after she found love letters from his girlfriend, Jefferson District Judge Sandra McLaughlin had this to say to the defendant:

"She should have cut you."

Bakken turned out to be innocent. He was exonerated after the Louisville Metro Police surgeon determined the alleged victim's wounds were self-inflicted.

But in McLaughlin's court, the presumption of innocence — one of the most sacred principles in the American criminal justice system — is often forgotten, The Courier-Journal found in a review of videos of dozens of her arraignments.

"It is judicial misconduct of the highest order," he said. ... Sitting in briefly for another judge, David Holton, on Oct. 4, 2013, McLaughlin denied a public ...

WHAT ARE THE ODDS A USA SLAVE WILL PROVE HIS ACTUAL INNOCENCE:

1) 95% TO 99% OF ALL DEFENDANTS PLEAD GUITLY DESPITE ACTUAL INNOCENCE, AND OFTEN THEY ARE THE ACTUAL VICTIM WRONGLY LABELED THE OFFENDER.

2) FEWER THAN 1% OF ALL USA SLAVES WON THEIR CASE IN FEDERAL SLAVE AUCTION....

(OVERALL CONVICTION RATE IS 99.8% IN FEDERAL CASES. THOSE WHO GO TO TRIAL: 92% ARE CONVICTED. SOME DISTRICTS HAVE 100% CONVICTION RATE)...

99.8% Conviction Rate In U.S. Federal Courts Can Make Japanese Prosecutors Jealous

http://justicedenied.org/wordpress/archives/3190

Whether tried by a jury or a judge, it is a shaky roll of the dice for a defendant to go to trial in federal court. Only 258 of the 3,024 defendants who went to trial in 2015 were acquitted. Thus a federal defendant who decides to go to trial has about a 1 in 12 chance of an acquittal....

Between guilty pleas and trials, the conviction rate was 99.8% in U.S. federal courts in 2015: 126,802 convictions and 258 acquittals. That wasn’t an anomaly. In 2014 the conviction rate was 99.76% and in 2013 it was 99.75%....

LESS THAN 1% WON THEIR CASE AT FEDERAL SLAVE AUCTION....

Only 2% of federal criminal defendants go to trial, and most who do are found guilty

https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty

Nearly 80,000 people were defendants in federal criminal cases in fiscal 2018, but just 2% of them went to trial. The overwhelming majority (90%) pleaded guilty instead, while the remaining 8% had their cases dismissed... only 320 of 79,704 total federal defendants – fewer than 1% – went to trial and won their cases, at least in the form of an acquittal... They do not include federal defendants whose cases were handled by magistrate judges, or the much broader universe of defendants in state courts.... Individuals who choose to exercise their constitutional right to trial can face much higher sentences if they invoke the right to trial and lose,... “there is even less likelihood of a case proceeding to trial in state court than in federal court.”...

IF YOU DONT PLEAD GUILTY TO THE FALSE CHARGES YOU WILL LOSE MORE TRYING TO PROVE YOUR INNOCENCE. YOU WILL SPEND TENS OR HUNDREDS OF THOUSANDS OF DULLAS, YOU WILL GET LONGER SENTENCE, YOU WILL SPEND A YEAR OR LONGER IN TRIALS CAUSING YOURSELF GRAVE EMOTIONAL, PSYCHOLOGICAL, AND PHYSICAL DAMAGES, TO SAY THE LEAST WHICH HAVE LONGTERM DAMAGES ON YOUR PERSONAL AND BUSINESS LIFE.

AND WITH LESS THAN 1% CHANCE OF PROVING YOUR INNOCENCE YOU MIGHT DO BETTER SPENDING YOUR THOUSANDS PLAYING THE LOTTERY AS A WRONGFULLY CONVICTED USA SLAVE.

IN THE USA IT IS BETTER TO BE FALSELY GUILTY THAN TO BE THE ACTUALLY INNOCENT.

Comments Section:

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Comment: Joseph S. from Saint Paul, MN writes:

"I never thought in a million years that I would be falsely accused of a crime, especially one of violence. I'm one of the fortunate that has substantial material evidence to defend myself, but most are not so lucky. Too often, the justice system that has been designed as a shield is instead being wielded as a weapon by unscrupulous individuals. This abuse of the justice system must be stopped."

Comment: Pleading Guilty while being 100% Innocent.

Does it seem ironic that over 95% of Americans will waive their Rights, and Plead Guilty to a crime rather than Plead Innocent and go to trial.

Of those more than 95% pleading guilty many are in fact Innocent but, still plead Guilty. Ever wonder why someone would plead guilty to a crime they did not do?

Conditions imposed on defendants can be much more severe that pleading guilty is the lesser severe option. Many are basically forced to plead guilt by imposed conditions, and many are coerced and manipulated by Law Enforcement, Prosecuters, Lawyers, Alleged Victims and Witnesses, Circumstances, and a plain lack of confidence and trust in the Legal Process to produce a Fair Trial. Most believe trials are tainted with Lies, and are biased favoring women, money, and power so that equal protection under the Law is just a piece of historical past with no merit today.

Todays Judicial System is a Failure. Law is Corrupt. The Law does not protect the Innocent, and the Law does not determine true guilt. The jails are full of Innocent people, and over 1 in 4 Americans have a criminal record despite the fact of the many Innocence. The Law is not for Justice. The Law Manufactures Crime for profit.

Comment: Class - The Real Discrimination.

Class is being discriminated by Law Enforcement, and by the Court System which violates the 14th Amendment. Do poor people actually commit more crimes than rich people, or does Law Enforcement cover the rich by framing the poor for the crimes of the rich? Is this another factor of Wrongful Convictions? The poor who pays for the crimes of the rich.

Are Law Enforcement scared of rich people? Are the Courts scared of rich people? Why does the Law target poor people? Because they can, and they do, and they get away with it.

BILL OF RIGHTS: AMENDMENT XIV

...or deny to any person within its jurisdiction the equal protection of the laws.

To some this statement refers solely to race, or gender. Read the entirety:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; or deny to any person within its jurisdiction the equal protection of the laws.

Law Enforcement is more likely to arrest the poor person in a dispute with a wealthy person despite the poor person being Innocent, and even if the wealthy has instigated a crime against the poor person. And when the case goes to Court the court will most often rule in favor of the wealthy.

Comment: The Law is Big Business.

Should the Law be run like a business? Would that treat people as objects for profit.? Or should Law be about Justice.? It appears todays law is business, and the person with the money is "innocent" whereas, the poor man with no money is "guilty". It is not about who is right or wrong, it is who has the power.

Some of the blame of wrongful convictions is money. Money is the incentive for people to make false accusations, and perjure. Money is also the incentive for Official misconduct by law enforcement and the court system. Each standing to gain not only by financial rewards but, also political gain, career advancements, etc...

The citizens gain of wrongful convictions by free financial assistance programs (food, housing, medical, job assistance, education, ...) intended to help real victims, not the Liars mis-using this program. Free money comes from free government grants, and private donations. More reported cases increase crime numbers which increases free money going to these programs.

Citizen gain is often also revenge, "get even" with someone they don't like. Citizen gain can be to discredit someone for future dispute actions which will discredit the opponent putting a criminal record on the person to make that person look bad. Citizen gain can be for political, or business rivalry reasons to hold back and discredit the opponent, or push personal agendas. For gun control people, wrongfully convicting the opponent will remove more firearms from citizens by way of criminal restrictions to possess laws.

Women, and children mis-use the abuse, and domestic violence laws not only for finacial rewards they receive from these programs but, they also gain from empowerment. They use these laws to punish their parent or spouse as revenge or "get even", or to win the arguement. They mis-use the program as leverage to get what they want out of the parent or spouse ("do this and that for me or I will call the cops and you will be in jail and kicked out of the house".) So children hold the parent hostage to avoid parental discipline, and a spouse will do that to their married partner for same reason as a threat against the other as a form of control leverage.

The legal system gains from wrongful convictions also by increased crime data to increase free governemnt grants, and private donations. The more people convicted brings in more money from grants, and also from the person convicted who must pay fines, fees, court costs, attorneys, any other court ordered programs.

So to me it is clear to see why so many wrongful convictions. Because the Law and Government rewards, and places financial incentives for citizens, and the legal system in whole to Lie, make false accusations, perjure, falsify police reports, set up crime, frame, coerce false statements, etc... so that crime data can become inflated for financial gain.

Money, and any incentives must be removed entirely from law and law enforcement, and away from citizens to gain by conviction of another party. Also more needs to be done to invent and improve new and existing scientific techniques which proves innocence and guilt like DNA, Lie Detectors, etc...

Comment: Helping True Victims? Or Aiding and Abedding criminals that commit fraud, perjury, false accusations, ...

The phrase explains their mission which is not about seeking justice. Its mission is empowerment, with a little "e". Thus, their mission is to empower women by acting in small ways which are easier to hide the deceit, acting in Non-Bold ways, hoping nobody notices their Lies and fraud.

Incarceration in the United States

http://en.wikipedia.org/wiki/Incarceration_in_the_United_States#mediaviewer/File:U.S._incarceration_rates_1925_onwards.png

    • ...According to the U.S. Bureau of Justice Statistics (BJS) In total, 6,977,700 adults were under correctional supervision (probation, parole, jail, or prison) in 2011 – about 2.9% of adults in the U.S. resident population. In addition, there were 70,792 juveniles in juvenile detention in 2010.

  • ...According to a 2014 report by Human Rights Watch, "tough-on-crime" laws adopted since the 1980s have filled U.S. prisons with mostly nonviolent offenders. This policy failed to rehabilitate prisoners and many were worse on release than before incarceration. Rehabilitation programs for offenders can be more cost effective than prison.

  • ...The male incarceration rate is roughly 15 times the female incarceration rate. In 2009, 92.9% of prisoners (not jail inmates) were male.

  • ... In 2008, there were over 14 million people arrested for violent and non-violent crime.

  • ...Many prisons in the United States are overcrowded. For example, California's 33 prisons have a total capacity of 100,000, but they hold 170,000 inmates.

  • ...Solitary confinement is widely used in US prisons, yet it is underreported by most states, while some don't report it at all. Isolation of prisoners has been condemned by the UN in 2011 as a form of torture. At over 80,000 at any given time, the US has more prisoners confined in isolation than any other country in the world. In Louisiana, with 843 prisoners per 100,000 citizens, there have been prisoners, such as the Angola Three, held for as long as forty years in isolation.

  • ...In 2011, some 885 people died while being held in local jails (not in prisons after being convicted of a crime and sentenced) throughout the United States.

  • ...According to the American Civil Liberties Union in 2013, numerous studies indicate that private jails are actually filthier, more violent, less accountable, and possibly more costly than their public counterparts. The ACLU stated that the for-profit prison industry is "a major contributor to bloated state budgets and mass incarceration – not a part of any viable solution to these urgent problems." The primary reason Louisiana is the prison capital of the world is because of the for-profit prison industry. According to The Times-Picayune, "a majority of Louisiana inmates are housed in for-profit facilities, which must be supplied with a constant influx of human beings or a $182 million industry will go bankrupt."

  • ...In Mississippi, a 2013 Bloomberg report states that assault rates in private facilities were three times higher on average than in their public counterparts. In 2012, the for-profit Walnut Grove Youth Correctional Facility was the most violent prison in the state, and had 27 assaults per 100 offenders.

  • ...the conditions there are "hyper-violent," "barbaric" and "chaotic," with gangs routinely beating and exploiting mentally-ill inmates who are denied medical care by prison staff.

  • ...private prisons in the U.S. have become "a lucrative business."...Between 1990 and 2000, the number of private facilities grew from five to 100 ...Over the same time period the stock price of the industry leader, Corrections Corporation of America (CCA), climbed from $8 a share to $30. The aforementioned Bloomberg report also notes that in the past decade the number of inmates in for-profit prisons throughout the U.S. rose 44 percent.

  • ...Private companies which provide services to prisons combine in the American Correctional Association, a 501(c)3 which advocates legislation favorable to the industry. Such private companies comprise what has been termed the prison–industrial complex. An example of this phenomenon would be the Kids for cash scandal, in which two judges in Luzerne County, Pennsylvania, Mark Ciavarella and Michael Conahan, were receiving judicial kickbacks for sending youths, convicted of minor crimes, to a privatized, for-profit juvenile facility run by the Mid Atlantic Youth Service Corporation

  • ...About 18% of eligible prisoners held in federal prisons are employed by UNICOR and are paid less than $1.25 an hour.

  • ...In 2007, around $74 billion was spent on corrections. The total number of inmates in 2007 in federal, state, and local lockups was 2,419,241. That comes to around $30,600 per inmate. In addition to the Corrections Costs, the Police Costs were over $100 Billions Dollars, plus nearly another $50 Billions Dollars for Judicial Costs for the single year of 2007 alone. http://upload.wikimedia.org/wikipedia/commons/b/be/US_criminal_justice_cost_timeline.gif

  • ...In 2005, it cost an average of $23,876 dollars per state prisoner.

  • ...In 2003 among facilities operated by the Federal Bureau of Prisons, it cost $25,327 per inmate.

  • ...Housing the approximately 500,000 people in jail in the USA awaiting trial who cannot afford bail costs $9 billion a year.

  • ...To ease jail overcrowding over 10 counties every year consider building new jails. As an example Lubbock County, Texas has decided to build a $110 million megajail to ease jail overcrowding. Jail costs an average of $60 a day nationally. In Broward County, Florida supervised pretrial release costs about $7 a day per person while jail costs $115 a day. The jail system costs a quarter of every county tax dollar in Broward County, and is the single largest expense to the county taxpayer. In Cass County North Dakota more than half of the County Tax-payers General Fund goes to the County Sheriff.

  • ...As of 2007 the cost of medical care for inmates was growing by 10 percent annually.

  • ..."In fiscal 2009, corrections spending represented 3.4 percent of total state spending and 7.2 percent of general fund spending."

  • ...Within three years of being released, 67% of ex-prisoners re-offend and 52% are re-incarcerated, according to a study published in 1994. The rate of recidivism is so high in the United States that most inmates who enter the system are likely to reenter within a year of their release.

  • ...In 1995 the government allocated $5.1 billion for new prison space. Every $100 million spent in construction costs $53 million per year in finance and operational costs over the next three decades. Taxpayers spend $60 billion a year for prisons. In 2005, it cost an average of $23,876 a year to house a prisoner. It takes about $30,000 per year per person to provide drug rehabilitation treatment to inmates. By contrast, the cost of drug rehabilitation treatment outside of a prison costs about $8,000 per year per person

  • ...The effects of such high incarceration rates are also shown in other ways. For example, a woman who has been recently released from prison is ineligible for welfare in most states. She is not eligible for subsidized housing, and for Section 8 she has to wait two years before she can apply. In addition to finding housing, she also has to find employment, but most likely she can not find a job because she has a criminal record so no one wants to hire her. Essentially, a woman who has been recently released from prison comes into a society that is not prepared structurally or emotionally to welcome her back.

  • ...Shorter sentences may even diminish the criminal culture by possibly reducing re-arrest rates for first-time convicts. The U.S. Congress has ordered federal judges to make imprisonment decisions "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation."

  • ...In the 2014 book The Divide: American Injustice in the Age of the Wealth Gap, journalist Matt Taibbi argues that the expanding disparity of wealth and the increasing criminalization of those in poverty have culminated in the U.S. having the largest prison population "in the history of human civilization."

  • ...Guilty plea bargains concluded 97% of all federal cases in 2011.

U.S. has the largest prison population

"in the history of human civilization."

empowering women is one thing but, when it is at the expense of convicting Innocent people, and making false accusations then that itself is a crime.

And their definition of empowerment is not that women are treated fairly, and just. Rather they want to be Empowered to "Rule Over Man". They want the man to be their personal slaves. Man do this, or else I will call the cops, and your life will be ruined. This is blackmail, and threats.

They accomplish this by deceptive, fraudulent, and illegal methods. They use many organizations funded by taxpayer dollars, and some by private donations. They gain more funding from government and private grants and programs by fraudulently distorting the actual problem.

These organizations, including Rape and Abuse Clinic back the women by preplanned flow chart regardless if they are victims or not. These organizations "use" the women to make the problem appear worse than it is to increase their free funding from goodheartedness.

And the legal system backs it all up, and encourages this illegal, fraudulent, and deceptive activity as more free tax dollars pour into the legal system.

All the while many innocent victims of this deceptive activity are wrongfully convicted, and tarnished with a lifetime criminal record to prevent many job opportunities, loss of Constitutional Rights, and theft of their property and money.

For the real women who do suffer from abuse it is good they have a place to turn. And as a father I do not want my daughter or wife abused. But, it should be handled in a just manner, and to prevent fraud, deception and mis-use for financial gain; and prevent Innocent people from wrongful convictions. Nor should it be an empowerment of women. It should be fair and just.

But, in the cases of deception where the Liars are encouraged and rewarded, the "Real Criminals" are: the women making the false accusations; law enforcement and the entire legal system for allowing the fraud, and wrongfully convicting Innocent people; the government; and all the organizations misrepresenting the truth of the problem.

From Dorner Manifesto:

"Luckily I don’t have to live everyday like most of you. Concerned if the misconduct you were apart of is going to be discovered. Looking over your shoulder, scurrying at every phone call from internal affairs or from the Captains office wondering if that is the day PSB comes after you for the suspects you struck when they were cuffed months/years ago or that $500 you pocketed from the narcotics dealer, or when the other guys on your watch beat a transient nearly to death and you never reported the UOF to the supervisor. No, I don’t have that concern, I stood up for what was right but unfortunately have dealt with the reprocussions of doing the right thing and now losing my name and everything I ever stood for."

"In 8/07 I reported an officer (Ofcr. Teresa Evans/now a Sergeant), for kicking a suspect (excessive force) during a Use of Force while I was assigned as a patrol officer at LAPD’s Harbor Division. While cuffing the suspect, (Christopher Gettler), Evans kicked the suspect twice in the chest and once in the face."

"What they failed to mention in the BOR was Teresa Evans own use of force history during her career on the LAPD. She has admitted that she has a lengthy use of force record and has been flagged several times by risk management. She has a very well known nickname, Chupacabra, which she was very proud to flaunt around the division. She found it very funny and entertaining to draw blood from suspects and arrestees. At one point she even intentionally ripped the flesh off the arm of a woman we had arrested for battery (sprayed her neighbor with a garden water hose). Knowing the woman had thin elastic skin, she performed and Indian burn to the woman’s arm after cuffing her. That woman was in her mid-70′s, a mother and grandmother, and was angry at her tenants who failed to pay rent on time. Something I can completely understand and I am sure many have wanted to do toward tenants who do not pay their rent. Teresa Evans was also demoted from a senior lead officer rank/position for performance issues. During my two months of working patrol with Teresa Evans, I found her as a woman who was very angry that she had been pulled from patrol for a short time because of a domestic violence report made by Long Beach Police Department because of an incident involving her active LAPD officer boyfriend, Dominick Fuentes, and herself. Dominick Fuentes is the same officer investigated for witness tampering. She also was visibly angry on a daily basis that she was going to have to file for bankruptcy because her ex-husband, a former LAPD officer and not Dominick Fuentes, who had left the department, state, and was nowhere to be found had left her with a tax bill and debt that she was unable to pay because of a lack of financial means. Evans, you are a POS and you lied right to the BOR panel when Randy Quan asked you if you kicked Christopher Gettler. You destroyed my life and name because of your actions. Time is up. The time is now to confess to Chief Beck."

"No one is saying you can’t be prejudiced or a bigot. We are all human and hold prejudices. If you state that you don’t have prejudices, your lying! But, when you act on it and victimize innocent citizens and fellow innocen officers, than that is a concern."

"Those lesbian officers in supervising positions who go to work, day in day out, with the sole intent of attempting to prove your misandrist authority (not feminism) to degrade male officers. ..."

"You allow an officer, Thaniya Sungruenyos, to attempt to hack into my credit union account and still remain on the job even when Det. Zolezzi shows the evidence that the IP address (provided by LAPFCU) that attempted to hack into my account and change my username and password leads directly to her residence. You even allow this visibly disgusting looking officer to stay on the job when she perjures (lies) in court (Clark County Family Court) to the judge’s face and denies hacking into my personal credit union online account when I attempted to get my restraint order extended. Det. Zolezzi provided the evidence and you still do nothing."

"It is endless the amount of times per week officers arrest an individual, label him a suspect-arrestee-defendant and then before arraignment or trial realize that he is innocent based on evidence. You know what they say when they realize an innocent man just had his life turned upside down?. “I guess he should have stayed at home that day he was discovered walking down the street and matching the suspects description. Oh well, he appeared to be a dirtbag anyways”. Meanwhile the falsely accused is left to pick up his life, get a new, family, friends, and sense of self worth."

image source: http://b.vimeocdn.com/ps/145/015/1450157_300.jpg

Comment: It just seems that the Law in attempts to create justice to right a wrong ends up only creating more injustice. The programs they create to correct or help become mis-used, and new crimes are actually committed by those trying to stop certain crimes.

Human Rights Committee

http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx

emails:

petitions@ohchr.org

InfoDesk@ohchr.org

nationalinstitutions@ohchr.org

Launch of first ever Wrongful Conviction Day October 2!

http://www.newswire.ca/en/story/1415542/launch-of-first-ever-wrongful-conviction-day-october-2

TORONTO, Sept. 22, 2014 /CNW/ - The Association in Defence of the Wrongly Convicted (AIDWYC) is launching the first International Wrongful Conviction Day October 2nd, 2014. The annual event will highlight the need to prevent and remedy wrongful convictions around the world.

The Causes of Wrongful Conviction

http://www.independent.org/pdf/tir/tir_07_4_roberts.pdf

Preview: The Causes of Wrongful Conviction (p 6 and p 7)

... Crowded court dockets (springing in large part from the conservatives’ war on drugs), bureaucracy, budgetary pressures, and careerism have contributed to elevating ambition above justice. The emergence of moral causes or ends that justify the means, such as “saving our children from drugs” and “making environmental polluters pay,” has contributed greatly to the breakdown of prosecutorial restraint.

Today a prosecutor who gives the defendant the benefit of the doubt is regarded as a failure. Robert Merkel, a U.S. attorney during 1982–88, says that prosecution “is a result-oriented process today, fairness be damned” (Moushey 1998, 3). Merkle says prosecutors are pressured to justify budgets with convictions, “and that causes them to prosecute absolutely bogus cases to get those statistics” (Moushey 1998, 4).

In 1998, former deputy U.S. attorney general Arnold I. Burns wrote in the Wall Street Journal that “it is time for a sober reassessment of the power we have concentrated in the hands of prosecutors and the alarming absence of effective checks and balances to prevent the widespread abuse of that power” (A23). A law school textbook, Prosecutorial Misconduct, now in its second edition (Gershman 1991), is evidence that the problem is not going away on its own.

Honest prosecutors have the same interest as defendants in the integrity of the criminal justice system. It is in their interest that withholding exculpatory evidence not become routine and that suborned perjury not become the only evidence in a

case. Juries alone are not a deterrent. Juries are often unaware that the witness giving incriminating testimony not only has been rehearsed in the role but also has been paid by the prosecutor with money or reduced prison time or dropped charges.

In 1998, the Pittsburgh Post-Gazette summed up its investigative reports of prosecutorial misconduct as follows: hundreds of times during the past 10 years, federal agents and prosecutors have pursued justice by breaking the law. They lied, hid evidence, distorted

facts, engaged in cover-ups, paid for perjury and set-up innocent people in a relentless effort to win indictments, guilty pleas and convictions. Rarely

were these federal officials punished for their misconduct. . . . Perjury has become the coin of the realm in federal law enforcement. People’s homes

are invaded because of lies. People are arrested because of lies. People go to prison because of lies. People stay in prison because of lies, and bad guys go free because of lies. (Moushey 1998, 40)

A new practice known as “jumping on the bus” has taken the prosecutorial ethic to the rock-bottom depth. Informants sell information on unsolved cases to an inmate, or prosecutors and federal agents feed this material to an inmate. The inmate memorizes the case, thereby seeming to have inside knowledge when he comes forward with information to trade in exchange for a reduced sentence. In the absence of evidence, this practice is used sometimes against a person only believed to be guilty.

Sometimes it is used to close unsolved cases, and sometimes it occurs at an inmate’s initiative. Formerly, self-serving accusations by criminals were treated only as leads to be investigated. If the leads proved helpful, evidence still had to be marshaled. Today the accusation is the evidence. Thus, the criminal element itself has a big say in who goes to prison. Weak and fabricated evidence suffices because seldom is it tested in court. According to the Justice Department, only approximately one case in twenty goes to trial; the rest are settled with pleas (Maguire and Pastore 1995, 461–63, 483–86).

Conservatives believe that the problem with plea bargaining is that it permits criminals to get off too lightly, thus undermining the deterrent effect of punishment. However, the problem with plea bargains is far more serious. Plea bargains have corrupted the justice system by creating fictional crimes in place of real ones. The practice of having people admit to what did not happen in order to avoid charges for what did happen creates a legal culture that elevates fiction over truth. By making the facts of the case malleable, plea bargains enable prosecutors to supplement weak evidence with psychological pressure. Legal scholar John Langbein compares “the modern American plea bargaining system” with “the ancient system of judicial torture” (1978, 8).

Many innocent people cop a plea just to end their ordeal. Confession and self-incrimination have replaced the jury trial. Just as Bentham wanted, torture has been resurrected as a principal method of conviction. As this legal culture now operates, it permits prosecutors to bring charges in the absence of crimes. Plea bargaining is a major cause of wrongful conviction. First, plea bargains undermine police investigative work. Because few cases go to trial, police have learned that their evidence is seldom tested in the courtroom. Carelessness creeps in. Sloppy investigations are less likely to lead to apprehension of the guilty party.

Second, plea bargaining greatly increases the number of cases that can be prosecuted. Prosecutors have found that they can coerce a plea and elevate their conviction rate by raising the number and seriousness of the charges that they throw at a defendant. Counsel advises defendants that conviction at trial on even one charge can carry more severe punishment than a plea to a lesser charge. The sentencing differential alone is enough to make plea bargaining coercive.

A circularity of reasoning justifies plea bargaining. Without plea bargaining, the argument goes, the courts would not be able to handle the caseload. This argument is unconvincing. The obvious solution is to create enough courts to handle the caseload or to reduce the caseload by eliminating victimless crimes, such as drug possession and trumped-up charges based on regulatory interpretation. Without the war on drugs, asset forfeiture, and months-long court disputes over the meaning of a lengthy arcane regulation, there would be enough courts and judges to handle the serious crimes. ...

This survey is for serious felony cases leading to imprisonment.It does not include less serious cases. Other research claims 12% to 15% overall wrongful conviction rate for serious crimes. Less serious crimes and the wrongful convictions increase exponentially. Consider also that 94% to 99% of all defendants are coerced to plead guilty which means these people never get a fair trial.

Self-Reported Wrongful Convictions Among Prisoners

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2862261

Based on this survey we estimate that wrongful convictions occur in 6-8% of criminal convictions leading to imprisonment. Results also indicate that in half of reported wrongful convictions, no trial has occurred and no post-conviction relief is being sought....most often capital or otherwise high profile cases. ... Each year U.S. criminal courts produce over 1 million felony convictions, with just under half of these convictions resulting in imprisonment ...“[w]e have reliable statistical evidence that the rate of false convictions among death sentences in the United States is about 4%, but we don’t have comparable information about non-capital convictions.” ...the analysis of DNA evidence, which has played an important role in detecting errors in capital cases, is less likely to be a factor in non-capital cases. As a result, factual and legal errors are much more likely to be discovered in capital cases than in non-capital cases ...in a sample of 60 false confessions, 48% resulted in a wrongful conviction. ...15% of surveyed prisoners reported that they did not commit any of the crimes of which they were convicted. ...

Figure 3 reports the rate of self-reported wrongful convictions by mode of trial. Guilty pleas are often entered into with an understanding of the risks of taking a case to trial and are justified as not affecting the factual determination of guilt or innocence. Pleading guilty, however, could contribute to the problem of wrongful convictions if defendants forgo trials and accept a prison sentence, despite believing themselves to be innocent (Blume and Helm 2014). In practice, nearly half (45.1% ± 7) of all wrongful convictions occur in cases in which prisoners pled guilty, suggesting that belief in innocence alone may not preclude individuals from pleading guilty.

Since previous estimates of wrongful convictions have relied on the operation of the legal system itself, often in extraordinary cases, to identify possible factual errors, a final consideration for this paper is whether the legal system’s existing post-conviction relief mechanisms are likely to surface claims of factual innocence in the broader population of non-capital, non-extraordinary criminal cases. ...

The frequency of wrongful convictions in criminal cases was once thought to be unknowable. In recent years, scholars have made considerable progress in ascertaining the frequency of these errors in capital cases. However, much less is known about the rates of wrongful convictions in more common non-capital cases, where their detection is also much more difficult. ...The resulting estimates suggest that wrongful convictions in non-capital cases likely far exceed those observed in capital cases. In addition, reported wrongful convictions are likely to occur in cases in which no trial occurred or no appeal is active.

This study is one of the least claimed for wrongful convictions of serious crimes.

10,000 INNOCENT PEOPLE CONVICTED EACH YEAR OF SERIOUS CRIMES, STUDY ESTIMATES

http://researchnews.osu.edu/archive/ronhuff.htm

Other studies claim as high as 285,000 innocent people, or about 12% each year is the estimated wrongful conviction rate each year. Less serious crimes were not included in the studies so actual wrongful convictions are much higher than the studies indicate.

The number of false accusations, false reports, official misconduct, etc. that do not make it to trial due to plea deals, and selective prosecutions should be included in these studies to realisticly represent the extent of this problem which is contributing to wrongful convictions.

Also the studies do not consider unequal enforcement of laws, and selective prosecutions where many true cases of guilt are not even charged with crimes, and many true innocent cases are charged with crimes, putting wrongful conviction rates much higher than the studies indicate.

Prisons Full of Innocents

http://www.globalresearch.ca/prisons-full-of-innocents/5339868

In the 1990s, a federal inquiry found that DNA testing, then new, was clearing 25% of primary suspects. You do the math.

Brandon Garrett’s Convicting the Innocent: Where Criminal Prosecutions Go Wrong examines the prosecutions of the first 250 people exonerated by DNA testing. Garrett finds broad systemic problems that could be remedied but largely have not been.

Of the 250, 76% were misidentified by an eyewitness — most of the witnesses having been led to that act by police and/or prosecutor, some of them badgered and threatened, others merely manipulated. Invalid forensic science expertise contributed to 61% of the convictions, much of it willfully manipulated, some fraction perhaps attributable to well-intentioned but negligent incompetence. Informants, mostly jailhouse informants, and most of them manipulated and bribed by police or prosecutor, helped out in 21% of the trials.

In 16% of the cases, the accused supposedly confessed to the crime, but these “confessions” tended to be the result of police intimidation, manipulation, brutality, and simple lying. Garrett fears that similar problems infect the U.S. justice system as a whole.

OP-ED: The U.S. Wrongfully Incarcerates More Than 50,000 Citizens

http://jjie.org/op-ed-the-u-s-wrongfully-incarcerates-more-than-50000-citizens/105431/

... between 50,200 and 110,000 human beings wrongfully imprisoned in our nation

2013 Innocence Network Report Released…

http://wrongfulconvictionsblog.org/2013/12/30/2013-innocence-network-report-released/

...A report released today by the Innocence Network reveals that 29 people in the US and 2 people in the Netherlands were exonerated for crimes they didn’t commit by Innocence Network members in the past year.

...The report, “Innocence Network Exonerations 2013,” details each of this year’s exonerations. DNA contributed to the exonerations of 14 people. The other 17 were exonerated by other means. The 31 people exonerated served a combined 451 years behind bars (and an average of 14.5 years each).

...“The report also serves as a stark reminder of the flaws that plague the system,” added Findley. “Misidentification continues to be the leading contributor to wrongful convictions, followed closely by false confessions and bad forensic practices. But this year we also saw numerous instances of police and prosecutorial misconduct and the tragic results of relying on incentivized informants.”

Unfortunately, for every one exoneree there are thousands of Innocent people that remain in prison for crimes they did not do. And thousands more Innocents who have criminal records from Wrongful Convictions.

How the Courts Trap People Who Have Been Convicted by Bad Forensics

http://wrongfulconvictionsblog.org/2014/11/17/how-the-courts-trap-people-who-have-been-convicted-by-bad-forensics/

Radley Balko, investigative reporter for the Washington Post, has just published an article dealing with the justice system’s refusal/inability to deal appropriately with false, fake, unscientific, and discredited forensic evidence post conviction.

http://www.washingtonpost.com/news/the-watch/wp/2014/11/17/how-the-courts-trap-people-who-were-convicted-by-bad-forensics/

Links to wrongful conviction organizations:

(The following links are listed for an information source. We may, or may not endorse them.)

www.injustice-anywhere.org/AdditionalResources.html

www.InjusticeEverywhere.com

http://wrongfulconvictionsblog,org

www.innocenceproject.org

http://victimsoflaw.net/

http://www.justicedenied.org/

http://truthinjustice.org/

http://www.provinginnocence.org/

https://www.facebook.com/SaveForFalselyAccused

http://www.blind-justice.org

http://www.americaswrongfullyconvicted.com

www.facebook.com/PAWC4Justice

www.facebook.com/itcouldhappen2u

http://www.injusticexposed.org

http://www.cotwa.info

https://www.facebook.com/pages/Citizens-Against-False-Allegations-and-Injustices/170334366405052

http://www.dvmen.org/

http://www.skepticaljuror.com/

https://sites.google.com/site/freedomfromoppresion/

SAVE for Falsely Accused | Facebook

facebook/Center for Prosecutor Integrity

Justice-Not-Politics | Facebook

(2) Wrongfully Convicted and Starting Over

Community of the Wrongly Accused

www.mediaRADAR.org

Innocents Database Now Lists More Than 4,400 Cases

February 11, 2014 at 11:48am

The Innocents Database linked to from Justice Denied's website is the world largest database of wrongly convicted people. It now lists 4,401 cases. All the cases are supported by sources for research. Those sources include court decisions, newspaper and magazine articles, and books.

The Innocents Database includes:

582 innocent people sentenced to death.

787 innocent people sentenced to life in prison.

1,663 innocent people convicted of murder were imprisoned an average of 9-1/2 years before their exoneration.

613 innocent people convicted of rape or sexual assault were imprisoned an average of 10 years before their exoneration.

554 innocent people were convicted after a false confession by him or herself or a co-defendant.

293 innocent people were convicted of a crime that never occurred.

165 innocent people were posthumously exonerated by a court or a pardon.

64 innocent people were convicted of a crime when they were in another city, state or country from where the crime occurred.

1,241 innocent people had 1 or more co-defendants. The most innocent co-defendants in any one case was 29, and ten cases had 12 or more co-defendants.

12% of wrongly convicted persons are women.

The average for all exonerated persons is 7-1/2 years imprisonment before their release.

31 is the average age when a person is wrongly convicted.

Cases of innocent people convicted in 109 countries are in the database.

2,527 cases involve a person convicted in the United States.

1,874 cases involve a person convicted in a country other than the U.S.

Innocents Database's homepage: http://forejustice.org/search_idb.htm

Open Up DNA Databases to All

http://www.huffingtonpost.com/diane-dimond/open-up-dna-databases-to-_b_2606377.html?utm_hp_ref=crime

Breaking News: All 50 States Have DNA Testing Access but, ...

http://globalwrong.files.wordpress.com/2013/05/dna_innocencenetwork_website.pdf

25th Anniversary of First DNA Exoneration in the U.S.

http://wrongfulconvictionsblog.org/2014/08/18/25th-anniversary-of-first-dna-exoneration-in-the-u-s/

...What have we learned from these DNA exonerations? Scholars have examined these cases in search of what went wrong. Among the chief contributors to the conviction of an innocent defendant are: eyewitness misidentifications; false confessions; poor decision-making by police and prosecutors; ineffective assistance of defense counsel; and the use of dubious forensic science.

...Beyond DNA exonerations, there is the issue of wrongful convictions that cannot be overturned with DNA testing. Biological evidence such as blood, saliva, skin cells and semen is found in only an estimated 10 to 20 percent of criminal cases. What’s more, this evidence is occasionally lost, destroyed or degraded.

...Even when biological evidence is available, prosecutors and other law enforcement officials are not always forthcoming in disclosing it to the defense. Add to this the hurdle of testing the evidence in compliance with legal requirements, and the challenge of proving a wrongful conviction using DNA technology is even greater.

...For this reason, DNA testing has not and cannot solve the problem of wrongful convictions. The same factors that led to the initial miscarriages of justice in the DNA exonerations appear in cases without any available biological evidence. ...

The Changing Face of Exonerations….

http://wrongfulconvictionsblog.org/2014/04/09/the-changing-face-of-exonerations/

From Time Magazine, by Deborah Tuerkheimer:

For all the understandable weight we give DNA evidence, it is of little if any use for the vast majority of the wrongfully convicted.

The popular image of exonerations—fueled by any number of movies and TV criminal procedurals—is of a wrongly accused rapist set free after DNA testing reveals the real perpetrator. But as a new report shows, this DNA-centric scenario is becoming increasingly less common in the real world of exonerations. Indeed, while the number of exonerations hit a record high in 2013—87 compared with the previous high of 83—only 18 of these involved DNA evidence.

These figures point to a hard truth: For all the understandable weight we give DNA evidence, it is of little if any use for the vast majority of the wrongfully convicted. While DNA remains the focus of exoneration efforts around the country, and all states have passed laws that provide for post-conviction access to testing, experts estimate that only 5% to 10% of all criminal cases involve such evidence. (http://www.innocenceproject.org/know/non-dna-exonerations.php). If we are to make meaningful progress towards freeing innocent people now serving time—a population some now place at more than 100,000 (http://www.innocenceproject.org/Content/How_many_innocent_people_are_there_in_prison.php) —we need new laws designed to target miscarriages of justice that lack DNA evidence.

Such troubling cases underscore the need to reform our laws to better address the realities of all wrongful convictions. We need new avenues for post-conviction relief that reflect what we now know about the common causes of false convictions (http://www.innocenceproject.org/understand/): false confessions, lying informants, eyewitness misidentification, police & official misconduct, and invalid forensic science. And we owe it to those wrongly convicted to move far more quickly—to recognize the moral imperative of overcoming the inertia of injustice.

Advances in DNA Testing Could Put Thousands of Texas Cases in Legal Limbo

http://www.houstonpress.com/news/advances-in-dna-testing-could-put-thousands-of-texas-cases-in-legal-limbo-7816089

The Houston Crime Lab, after looking at a mixed-DNA sample from semen in the woman's car, had concluded that the chances were 1 in 674,000 that another black person shared Sutton's DNA pattern. An analyst told jurors that “no two persons will have the same DNA except in the case of identical twins.” The message to jurors was unambiguous: DNA testing proved that Sutton committed the crime.

Except that it didn't. Sutton was exonerated in 2003, pardoned by Gov. Rick Perry and compensated $118,000 after a more sophisticated test revealed that, actually, the DNA profile examined could have belonged to as many as 1 in 16 black men.

Forensic science experts now worry that analysts may have been wrongly interpreting mixed-DNA test results like Sutton's for years, potentially leading to an untold number of wrongful convictions that, unlike Sutton's, haven't been caught.

And when those new test results come back, some of them could be dramatic. Previously, a prosecutor or expert witness may have told the jury that the odds are 1 in over a billion that the DNA in question belonged to someone other than the defendant; now, with the new method, that stat is more like 1 in less than 100. Which means that a growing mountain of defendants may be entitled to a retrial, if those previous faulty stats were used to convict them.

Exonerations in the United States, 1989 – 2012 Report by the National Registry of Exonerations

https://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf

National Registry of Exonerations:

http://www.law.umich.edu/special/exoneration/Pages/about.aspx

National Registry of Exonerations

exonerationregistry.org

Center for Prosecutor Integrity to Establish ‘Registry of Prosecutorial Misconduct’

http://wrongfulconvictionsblog.org/2013/11/22/center-for-prosecutor-integrity-to-establish-registry-of-prosecutorial-misconduct/

This (in my opinion) is huge. By now, you’re probably familiar with the National Registry of Exonerations which has established a mechanism for collecting and documenting data about wrongful convictions across the US. To date, it has logged data on 1,250 exonerations. The registry will be a very powerful tool for justice system reform and improvement, because it provides incontrovertible, hard data that can be used to make known and describe the errors that can, and do, happen in this very imperfect system of ours.

Data from the National Registry of Exonerations has already revealed that “official misconduct” (by both police and prosecutors) is a contributing factor in 42% of wrongful convictions. In a previous WCB post, Prosecutorial Misconduct – What’s to be Done? A Call to Action, it was pointed out that one of the very first things needed to begin addressing the prosecutorial misconduct cause of wrongful convictions is DATA. We know that prosecutorial misconduct happens, but our understanding of the problem, and its extent, has been only anecdotal up until now. This new Registry of Prosecutorial Misconduct is a significant step forward in building a base of data that can be used by legislators, policy makers, and advocates in defining and implementing necessary changes to the laws and rules that govern prosecutorial behavior.

Fixing false convictions

http://thehill.com/blogs/pundits-blog/crime/323039-fixing-false-convictions

... Once the false confession is made, a tide forms to take the case to conviction. Police are committed to the evidence they secured. You can’t unbelieve a confession, the thinking goes. Who'd confess if they weren’t guilty, reasonable jurors wonder. But law enforcement experts testify that key sources of evidence — eye witnesses, informants, forensics, along with false confessions — are too common and are often used to convict innocent defendants. Most defendants waive their Miranda rights, are naive if not dumb, even mentally impaired, are represented by incompetent lawyers, have limited resources to proceed effectively, and are carried along in a tide toward conviction and incarceration. ...

False Arrests, Convictions and Imprisonments

http://topics.nytimes.com/top/reference/timestopics/subjects/f/false_arrests_convictions_and_imprisonments/index.html?offset=10&s=newest

Wrongfully Convicted: Scott Walker: No Pardons for 1,000s with "Compelling Case" of Innocence

http://malcontends.blogspot.com/2013/12/wrongfully-convicted-scott-walker-says.html

Wisconsin Governor Scott Walker explains why he has granted no

pardons to incarcerated citizens with compelling cases.

"If you pick one there's thousands of other examples out there of

people who may not have the media or other

outlets behind them, who would be in an equal position who

probably have a compelling case to be made that we don't

know about," said Walker in an interview with WKOW TV (Madison).

...Walker states there are a lot of people with compelling cases for pardons, so we should pardon none of them. This is a not a logically compelling argument.

...When Walker implies 1,000s of people do not rightfully belong in prison, and Walker justifies this state of affairs by saying not all advocacy groups and media support are, equal this seems capricious and bloodless.

Oregon Supreme Court Sets New Eyewitness Guidelines In Overturning Samuel Lawson’s Murder Conviction

http://justicedenied.org/issue/issue_55/jd_issue_55.pdf

Oregon is now at the forefront of trying to ensure contested eyewitness testimony has a reasonable degree of reliability before it is admissible evidence.

"...I am an American by choice, I am a son, I am a brother, I am a military service member, I am a man who has lost complete faith in the system, when the system betrayed, slandered, and libeled me. ..." -Chris Dorner Manifesto

GOOD NEWS THE PRISON POPULATION IS DOWN IN THE uNITED sLAVES BUT, THE JAILS ARE OVERFLOWING...

The Hardest Time He Served Wasn’t in Prison

https://www.themarshallproject.org/2019/04/23/who-begs-to-go-to-prison-california-jail-inmates

More than 175,000 people sentenced to county jails instead of state prisons in the last eight years because of sweeping changes to California’s justice system, according to an analysis of state data by The Marshall Project. The reforms were intended to ease prison overcrowding—and they have. But the changes were also supposed to help people convicted of nonviolent crimes, by letting them serve their sentences close to home in county jails with lots of education and training programs. It hasn’t worked out that way in some urban counties. Jails built to hold people for days or weeks—awaiting trial or serving short sentences for petty crimes—have strained to handle long-term inmates, many with chronic medical and mental-health problems and histories of violence....

County spending on medicine for inmates has jumped (to almost $64 million in 2017 from $38 million in 2010)...Deaths in California jails jumped by 26 percent in the years after they started receiving long-term inmates, peaking at 153 in 2014 before falling to 133 in 2017. ...

“The whole system has dropped about 220,000 people” without the surge in crime many critics feared....The state does track the size of the overall jail population, which increased briefly after a 2011 U.S. Supreme Court decision required California to downsize the prisons, climbing to an average of 82,000 people in 2013. But the number of people in county lockups began to drop after 2014, when state voters approved a measure to cut the length of some sentences. Last year, county jails held 72,500 people....

Sacramento County receives millions of dollars from the state each year to help offset the costs of the new measures, money which covers drug court, public defenders and prosecutors as well as jails. In 2018-2019, those payments amounted to $320 million, according to the county budget. ...

They confirmed that the main jail put people in solitary for 23-and-a-half hours a day, in conditions that were “very stark and unlikely to meet constitutional standards” and found the jails’ use of segregation “dramatically out of step” with emerging national standards on the dangers of solitary confinement for mentally ill prisoners.

The medical screening process was “wholly inadequate” to identify inmates with disabilities, and inmates deemed suicide risks spent weeks locked alone in empty classrooms without toilets. ...

MOST USA JAIL POPULATION IS UNREPORTED SO THE ACTUAL JAIL POPULATION IS MUCH MUCH MORE THAN WHAT IS REPORTED HERE...

How many people in your state go to local jails every year?

https://www.prisonpolicy.org/blog/2019/09/18/state-jail-bookings/

Because people typically stay in jail for only a few days, weeks or months, the daily population represents a small fraction of the people who are admitted over the course of a year. But the statistic that better reflects a jail’s impact on a community – the number of people who go to jail – is rarely accessible to the public....

Mortality in Local Jails, 2000-2014 - Statistical Tables

TABLE 16 https://www.bjs.gov/content/pub/pdf/mlj0014st.pdf#page=15

Number of local jail inmates held on an average day, by state, 2000 and 2005–2014:

2000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

598,397 742,261 772,334 782,592 779,704 749,449 733,775 722,735 745,965 715,554 750,128

People in Prison in 2018

https://www.vera.org/publications/people-in-prison-in-2018

The number of people in U.S. prisons fell to a nine-year low of just under 1.5 million last year, a 1.3 percent decrease...Researchers credit sentencing reductions and other criminal justice changes at the state and federal levels for the decline....

At the end of 2018, there were an estimated 1,471,200 people in state and federal prisons.

The prison incarceration rate in the United States was 450 people in prison per 100,000 residents, down from 458 per 100,000 in the previous year, representing a 1.8 percent drop. This brings the rate of prison incarceration down 15.2 percent since its peak....

People in prison under jurisdiction of state or federal correctional authorities:

Year Total Federal State

2010 1,613,803 209,771 1,404,032

Prison incarceration rate (per 100,000 residents):

Year Total Federal State

2007 530 66 464

Declines were not universal, however. The number of people in prison increased in 19 states in 2018...

How many prisoners in your State?

List of U.S. states by incarceration and correctional supervision rate

https://en.wikipedia.org/wiki/List_of_U.S._states_by_incarceration_and_correctional_supervision_rate

"It's like I really don't know how to feel happy no more. I mean they took all the joy that a person could ever experience out of my life - period," said Taylor. "I mean, I'm happy, but it's an emotion I don't have. I see my nieces and nephews and it's like - wow. It's unbelievable, but maybe I just don't...I don't know." (-- Robert Taylor said after being released in 2011, and is now trying to adjust to freedom after 20 years in prison for a wrongful conviction.)

Psychological Consequences of Wrongful Conviction

Obvious answers . . . - sometimes hide in u

http://obviousanswers.presspublisher.org/issue/august-2010/article/psychological-consequences-of-wrongful-conviction

The psychological impacts on an innocent person being punished as a real criminal is very traumatic. It is bad enough to endure punishment when you are in fact guilty but, it is what you expect if you are guilty. But to be punished when you are INNOCENT is devastating. You really never get over it. It haunts you daily. It is one of the worse things to ever have to go through. You dont even have to be encarcerated to experience the traumatic effects of living daily as a criminal yet being completely innocent.

Wrongful Conviction in the American Judicial Process: History, Scope, and Analysis

http://www.studentpulse.com/articles/682/wrongful-conviction-in-the-american-judicial-process-history-scope-and-analysis

Preview: Pg3, 1st Paragraph. www.studentpulse.com/articles/682/wrongful-conviction-in-the-american-judicial-process-history-scope-and-analysis

... "A confession is arguably the most damaging evidence that can be brought against a defendant in a court of law. Ostensibly, it seems reasonable to assume that one would only confess to a crime that he or she had actually committed. However, in the United States, false confessions may result in nearly 400 wrongful felony convictions annually (Cassell, 1998). Leo (2005) affirmed that false confessions, to include guilty pleas, were present in 25 percent of wrongful conviction cases. Notably, such confessions were disproportionately concentrated in cases of serious violent crime and capital offenses. A full two-thirds of post-conviction DNA exoneration homicide cases involved false confessions. In eight post-conviction DNA exoneration cases, false confessions resulted in conviction despite exclusionary forensic evidence presented at the trials. One is compelled to question the differences in interrogation methods utilized by investigators according to the severity of the crime. In numerous wrongful conviction cases, the defendants were mentally ill and/or juveniles. Many were interrogated for several hours and reported being threatened or physically coerced by investigators (Garrett, 2012). "

(I would add to this paragraph that people often confess falsely, or plea guilty when actually are innocent is because the law puts conditions so severe on the defendant, and other severe conditions from other people put on the defendant, and the defendant feels no confidence in real justice from the courts that defendant feels better to just get it over with and choose the least of the punishments which is often comes by just pleading guilty, although being 100% INNOCENT.)

"The criminal justice system is comprised of individuals who are incentivized by their own personal responsibilities and goals which can conflict with those of other actors within the system. Consequently, post-conviction exonerations have exposed unethical behavior at every stage of the judicial process (Huff, 2002; Rattner, 1988). Accordingly, it would be disingenuous to address the wrongful conviction phenomenon whilst ignoring the prevalence of governmental misconduct. Police investigators have repeatedly been found to have coerced confessions and witness identifications, mislead jurors regarding their observations, intentionally withheld exculpatory evidence from prosecutors, and provided compensation to informants for unreliable evidence. Similarly, state prosecutors have mishandled or destroyed evidence as well as withheld it from the defense, pressured witnesses, and relied on fraudulent forensic “experts” whose opinions are based on compensation (Garrett, 2012; Gould & Leo, 2010).

This behavior, while abhorrent, is likely to continue unless legislators can overcome a fundamental problem; investigators and prosecutors are generally rewarded based upon the number of cases solved and convictions obtained. Viable quality assurance measures must be adopted in order to ensure the accuracy of investigations in identifying the guilty (Gould & Leo, 2010; Martin, 1998). Moreover, real consequences must be implemented for those who engage in misconduct (Gould, 2008). Anyone shown to have knowingly or recklessly contributed to the conviction of an innocent person should be subject to a legal public response. Potential repercussions should include the revocation of attorneys’ licenses to practice and law enforcement officials’ peace officer certifications in addition to criminal charges and/or civil suits (Huff, 2002)." ...

Midwest POWs kept diaries of daily living in the prison camps of nazi Germany. They tell their stories in this book. Some hi-lites of the book are here:

https://sites.google.com/site/korruptlaw/home/tell-your-story/midwest%20POWs%20in%20Nazi%20Germany.rtf?attredirects=0&d=1

The "war crimes trials," which the victors of World War II conducted, forced false confessions from the Nazi leaders, thus history is false.

What we are offered in evidence was gathered after the war, in mock trials. The evidence is almost all oral testimony and forced false "confessions." Without the evidence of these trials there would be no significant evidence of "extermination".

http://vho.org/GB/Books/thottc/5.html

Many forced confessions exist today in the American Legal System resulting in Wrongful Convictions, and distorted facts about our society which is being fraudulently forced by corrupt federal and State US Governments, and its corrupt Law enforcement and corrupt Court Systems.

Todays American Justice System is actually worse than Hitlers Third Reich government. Both governments turn Innocent citizens into criminals to exploit them into slave prison laborers for profit. Hitler was free to make unjust laws thus was not violating any laws, whereas today's American Federal & States governments have a Constitution which restrains its governments from tyranny against the People. However, the governments are violating the Constitution by making, supporting, enforcing, and defending Un-Constitutional Laws which makes the American Federal & States Governments Criminal Governments.

https://sites.google.com/site/korruptlaw/tell-your-story/Hitler.rtf?attredirects=0&d=1

Prison population comparison,

Nazi Germany vs. USA:

    • November 1936 Nazi Germany Prison population was 178 prisoners per 100,000 inhabitants.

    • In 2008 the United States has approximately 760 prisoners per 100,000 inhabitants.

    • In 2015 North Dakota has 227 prisoners per 100,000 inhabitants.

    • January 1936 Spains Franco Regime had 1,158 prisoners per 100,000 inhabitants.

*** Nazi Germany: Between 1933 - 1945, more than 3.5 million Germans were forced to spend time in concentration camps and prisons for political reasons.

*** United States Today: "In 2006, over 7.2 million Americans were on probation, in jail or prison, or on parole at year end 2006 -- 3.2% of all U.S. adult residents or 1 in every 31 adults." - U.S. Department of Justice

*** In 2015 North Dakota:

ND Total State Population: 756,927

ND inmates: 1,716

227 prisoners per 100,000 inhabitants

ND inmates, on parole,

and probation: 7,883

1,041 per 100,000 inhabitants

In 2013 North Dakota:

In prison or jail: 2,700

470 per 100,000 adults

373 per 100,000 all ages

North Dakota 2017

https://nicic.gov/state-statistics/2017/north-dakota

The Jail System: The jail population in 2017 is unavailable.

The Prison System: As of December 31, 2017, the number of prisoners under the jurisdiction of the State of North Dakota correctional authorities was 1,335 located in 3 state prisons and held in custody of private prisons or local jails. State operated facilities had a staff of 845 employees and budget of $232 million.

The Community Corrections System: As of December 31, 2017, North Dakota's community corrections population was 6,618 under probation and 905 under parole.

North Dakota/Population (2017) = 755,176

6618+905 / 755,176 =

996 PER 100,000 ON PROBATION AND PAROLE

1,335 / 755,176 =

177 PER 100,000 IN PRISON

JAIL POPULATION UNKNOWN.

Sources:

1. http://www.ojp.usdoj.gov/bjs/correct.htm

NOTE: It's far worse now in 2007.

2. http://en.wikipedia.org/wiki/Nazi_concentration_camps

3. War and Its Shadow: Spain's Civil War in Europe's Long Twentieth Century, Page 109

https://books.google.com/books?id=6PNWAgAAQBAJ&pg=PA109&lpg=PA109&dq=nazi+germany+prison+population&source=bl&ots=fZtBKj0Jhj&sig=c4QgEjhoE15dgZQByCqfjk8QxL0&hl=en&sa=X&ei=PfKGVI25EousyQSOtoG4CQ&ved=0CEIQ6AEwBTgK#v=onepage&q=nazi%20germany%20prison%20population&f=false

4. How Bad Is The U.S.?

http://www.libertyforlife.com/jail-police/prison_populaton.htm

5. The Hoax of the Twentieth Century- The Camps

http://vho.org/GB/Books/thottc/6.html

6. North Dakota’s large inmate population keeps growing

http://www.grandforksherald.com/news/crime-and-courts/3897478-north-dakotas-large-inmate-population-keeps-growing

7. List of U.S. states by incarceration and correctional supervision rate

https://en.wikipedia.org/wiki/List_of_U.S._states_by_incarceration_and_correctional_supervision_rate

Wrongful Liberty – A Tragic Consequence of Wrongful Conviction

http://wrongfulconvictionsblog.org/2014/04/12/wrongful-liberty-a-tragic-consequence-of-wrongful-conviction/

When the wrong individual is incarcerated for a crime they did not commit, they suffer a terrible injustice. But they are not alone. The victims of the crime suffer in multiple ways: from a false assurance that the crime has been solved, possibly from participating as a witness leading to a wrongful conviction, and later from the consequences of exoneration.

These events may leave the original crime victim doubly victimized; once by the criminal and then by the criminal justice system. But the wrongs may also include a third category of innocent victims. When the state arrests and incarcerates the wrong person, the true perpetrator remains at liberty. In many cases these individuals commit a series of crimes during this period of “wrongful liberty” (which we define as the period between the original crime and when the true perpetrator is arrested).

In recent years, North Carolina has seen 36 exonerations. Of these cases, we have identified nine cases where the true perpetrator of the original crime was later convicted. Looking at the period between the crime and the later arrest of the true perpetrator, we review legal and media sources to document the crimes committed during this period of “wrongful liberty.” In the well-known Picking Cotton case, for example, the true perpetrator not only committed the two brutal rapes for which Ronald Cotton was incarcerated, but he committed six more before he was eventually arrested. Thus, there were six additional victims of the “wrongful liberty” of a guilty criminal.

Our goal is to document, for one state, the number of crimes associated with such situations and thereby to expand our understanding of the social costs of wrongful incarceration.

Those most directly affected include:

a) the victims of the original crime;

b) the person wrongfully imprisoned;

c) the subsequent victims of the criminal who was wrongfully left at liberty.

Advocates for victim services are natural allies of the innocence movement but they are rarely part of the conversation partly, we think, because the crimes of wrongful liberty have never been fully recognized. We focus on North Carolina as a first step and to document the feasibility of such a project, but we hope that our project will form the basis for studies in other states as well.

http://globalwrong.files.wordpress.com/2014/04/wrongfulliberty2014.pdf

The Effects of Wrongful Convictions

http://www.thevoiceoftheinnocent.com/effects-and-causes.html

While it takes only little effort and time to accuse someone of a crime, the effects are long-lasting and may even stay with the person for the rest of their life. People who have been wrongfully convicted, imprisoned or even just wrongfully accused of a crime, face many psychological, physical and social consequences. Some examples include but are not limited to: Post Traumatic Stress Disorder, depression, anxiety, panic attacks, nightmares, trouble sleeping and eating, health problems, personality change, breaking up of families, having trouble re-integrating into society, inability to find a job, and of course a loss of reputation.

The Psychological Impact of Wrongful Conviction

http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1063&context=clb

“It Never, Ever Ends”: The Psychological Impact of. Wrongful Conviction.

Wrongfully Convicted Suffer Long-Term Psychological ...

http://justicedenied.org/issue/issue_29/stop_rape_jd29.pdf

the wrongly convicted experience a sense of being “frozen in time” ... “I haven’t been able to pick up the pieces and I don’t know if I ever will.”

Man, 49, who spent 12 YEARS in isolation in prison fights for reform

http://www.dailymail.co.uk/news/article-2955130/Man-49-spent-12-YEARS-solitary-confinement-prison-wrongfully-convicted-murder-fights-reform-Texas-criminal-justice-system.html

Anthony Graves, now 49, was sentenced to death in 1994 after being found guilty of killing two adults and four children in Somerville, Texas, in 1992 based on a co-defendant's false testimony.

Despite prosecutors failing to present any physical evidence, he was forced to spend 18 years behind bars and was scheduled for a lethal injection twice before eventually being freed in 2010.

For 12 of his years in prison, Graves was held in solidarity confinement, which saw him spend at least 22 hours a day locked alone in a tiny concrete cell with a metal bed and a toilet.

'Solitary confinement is designed to break a man's will to live,' he said. 'You're sitting there, in a little cage, day in and day out, year in and year out, waiting for the state to execute you or release you.'

Those who were released went into the outside word 'with a lot of baggage', including PTSD and hypersensitivity, he said, adding that he himself would often burst into tears for no reason.

'The first three years I was out…I couldn't even hold a conversation with people without crying,' he said. Graves also suffered from difficulty sleeping

'We're driving people crazy. And this is our criminal justice system that's supposed to serve and protect us.

'But we are literally driving men insane. And those that are already insane, we're just putting them in the casket. That's all we're doing. There's no rehabilitation.'

Life after wrongful conviction

https://www.researchgate.net/profile/Kimberley_Clow/publication/265907833_Life_after_wrongful_conviction/links/5670288608aececfd5531039.pdf?origin=publication_list

This chapter reviews the literature on the consequences of wrongful

conviction, highlights current psychological research on the topic, offers suggestions for future

research, and explores the impact research may have on policy and practice. Although some of

the topics discussed may affect both offenders and wrongly convicted persons, the consequences

of these factors may be particularly damaging for the innocent.

"The ultimate tyranny in a society is not control by martial law. It is control by the psychological manipulation of consciousness, through which reality is defined so that those who exist within it do not even realize that they are in prison. They do not even realize that there is something outside of where they exist." -Bringers of the Dawn

Manufacturing Crime: Process, Pretext, and Criminal Justice

http://georgetownlawjournal.org/articles/manufacturing-crime-process-pretext-and-criminal-justice/

America’s Corrupt Legal System

http://www.globalresearch.ca/america-s-corrupt-legal-system

Rigged courts, bribed judges, phony trials, extortion by lawyers, and over 2 million prisoners in the USA gulag

America's Corrupt Legal System -

A Danger to All

http://www.injusticexposed.org/

  • Concentration camps with concrete walls;

  • USA torture and illegal jailing overseas starts with USA domestic torture and illegal jailing at home;

  • America's lawyers are controlled by the judges and don't really work for you - that's why they sell you out to the government or to the big companies that pay bribes;

  • Innocent and being arrested - they don't like to admit a mistake in America;

  • Multi-millionaires and big corporations vs. everybody else;

  • The Hollywood image versus the grim reality;

  • No recourse against crime and fraud by judges and lawyers in America;

  • Dealing with American lawyers if you have no other choice;

  • The growing American nightmare

Why I Think the US Justice System is Broken – and Why It’s Not Getting Fixed

http://wrongfulconvictionsblog.org/2013/02/20/why-i-think-the-us-justice-system-is-broken-and-why-its-not-getting-fixed/

America No Longer Has a Functioning Judicial System

http://www.washingtonsblog.com/2013/07/america-no-longer-has-a-functioning-judiciary.html

Two former U.S. Supreme Court Justices have warned that America is sliding into tyranny. A former U.S. President, and many other high-level American officials agree. In addition to attacks on the judiciary by the White House and Congress, judges are voluntarily gutting the justice system … and laying down in lapdog-obeisance to D.C.

One Disturbing Reason For Our Exploding Prison Population

http://www.huffingtonpost.com/2013/09/19/private-prisons_n_3955686.html?ncid=edlinkusaolp00000009

Most quotas require at least 90 percent of the beds in a prison to be filled, according to a new report by the advocacy group In the Public Interest, and quotas were part of nearly two-thirds of the contracts the group analyzed. Prison companies use the profits to expand, effectively pulling the strings on state prison populations as lawmakers must incarcerate a certain number of people — or pay. The state of Arizona recently paid the prison company Management & Training Corp. $3 million for empty beds when a 97 percent quota wasn't met, reported HuffPost's Chris Kirkham.

The U.S. leads the world in incarcerating its residents, with one in 100 adults behind bars. Over the past 30 years the prison population has more than quadrupled, mostly due to an increase in drug offenses.

SHOCKING: CCA’s Prison Lobby is Destroying America

http://www.occupyhln.org/american-judicial-system/shocking-ccas-prison-lobby-destroying-america/

Even the law is corrupt

http://www.timesunion.com/opinion/article/Even-the-law-is-corrupt-4418627.php

Corrupt Quotes:

http://www.brainyquote.com/quotes/keywords/corrupt.html

Corrupt America, Malicious Prosecution

http://corruptjusticesystem.com/

Expose Corrupt Courts

http://exposecorruptcourts.blogspot.com/

Is the U.S. government corrupt?

http://www.debate.org/opinions/is-the-u-s-government-corrupt

How the Government Breaks the Law

http://object.cato.org/sites/cato.org/files/serials/files/policy-report/2004/11/cpr-26n6-1.pdf

... If the Constitution is enforced selectively, according to the contemporary wants and needs of the government, we will continue to see public trials in some cities and secret trials in others; free speech suppressed on inexplicable whims; police targeting the weak and killing the innocent; and government lying to its citizens, stealing their property, tricking them into criminal acts, bribing its witnesses against them, making a mockery of legal reasoning, and breaking the laws in order to enforce them.

...This is not the type of government we, the people, have authorized to exist, and it is not the type of government that we should tolerate. We can do better. If government crimes are not checked, our Constitution will be meaningless, and our attempts to understand it, enforce it, and rely on it will be chaotic.

Business Anti-Corruption Portal - United States of America Country Profile

-Corruption Levels

http://www.business-anti-corruption.com/country-profiles/the-americas/united-states-of-america/corruption-levels.aspx

-Police

http://www.business-anti-corruption.com/country-profiles/the-americas/united-states-of-america/corruption-levels/police.aspx

-Judicial System

http://www.business-anti-corruption.com/country-profiles/the-americas/united-states-of-america/corruption-levels/judicial-system.aspx

- News Archive

http://www.business-anti-corruption.com/country-profiles/the-americas/united-states-of-america/news-archive.aspx

FAQ on American Judicial and Legal Corruption

http://faqusajudicialcorruption.blogspot.com/

Sharing Views on Prosecutorial Reform

http://wrongfulconvictionsblog.org/2015/06/25/sharing-views-on-prosecutorial-reform/

If you've read much of my stuff on this blog, you must know that prosecutors, as a group, are not my favorite people. I am a person driven by logic, ...they’re supposed to be “ministers of justice,” but my observation is that’s so often not the case. I will grant that because of the work that I do, I routinely have exposure to prosecutorial behavior that is less than ethical, is not in the interest of true justice, and is sometimes just criminal. And because they’re “prosecutors,” they get away with it.

From 158 families, half the cash for ’16 race

http://www.bostonglobe.com/news/politics/2015/10/10/from-families-half-cash-for-race/moOjS3imu6ipZanKz73OxM/story.html

A few wealthy families provide most cash for presidential race...

Just 158 families, along with companies they control, contributed $176 million in the first phase of the presidential campaign — well over half the money in the presidential election.

Mississippi judge:

'People charged with crimes, they are criminals'

http://america.aljazeera.com/watch/shows/fault-lines/articles/2015/10/17/mississippi-judge-people-charged-with-crimes-they-are-criminals.html

Fault Lines correspondent Anjali Kamat spoke to Judge Gordon about the pattern of pretrial detention in his jurisdiction and asked him to respond to allegations that his policies are violating inmates’ constitutional rights. An edited version of the conversation follows:...

Do you think public defenders have enough time to do the proper investigation?

In most cases they don’t have enough time. Those people work hard.

The inmates we spoke to said they spent maybe 10 minutes with their public defender, and they met their public defender for the first time a few days before trial.

....people charged with crimes, they are criminals.

...The criminal system is a system of criminals. Sure, their rights are violated. But not all rights are violated.

But these people are spending months before speaking to counsel.

Well that may be true. That’s the hardship of the criminal system.

Are their rights being violated?

Lady, the criminal system is a system of criminals. Sure, their rights are violated. But not all rights are violated that you’re calling violation.

People are being held in jail not seeing a lawyer for months on end—whether they are innocent or guilty. They are being held for up to a year, over a year, and violations are happening. What do you think is the solution?

That’s my policy.

You do acknowledge that because of this policy, some prisoners’ rights are being violated?

I do not acknowledge that. I do know that there are innocent people, who are charged and go through the system who are not guilty, in the penitentiary. But there is nothing I can do about that.

Whose responsibility is it to provide oversight, to make sure rights aren’t violated?

Go talk to the governor. Talk to the legislature. I do not have responsibility. I don’t have the time. And I don’t have the damn energy to do it all.

Forensic Pseudoscience

The Unheralded Crisis of Criminal Justice

http://bostonreview.net/books-ideas/nathan-robinson-forensic-pseudoscience-criminal-justice

The Innocence Project’s M. Chris Fabricant and legal scholar Tucker Carrington classify the kind of hair analysis the FBI performs as “magic,” and it is not hard to see why. By the Bureau’s own account, its hair analysis investigations were unscientific, and the evidence presented at trial unreliable. In more than 95 percent of cases, analysts overstated their conclusions in a way that favored prosecutors. The false testimony occurred in hundreds of trials, including thirty-two death penalty cases. Not only that, but the FBI also acknowledged it had “trained hundreds of state hair examiners in annual two-week training courses,” implying that countless state convictions had also been procured using consistently defective techniques....

ut questions of forensic science’s reliability go well beyond hair analysis, and the FBI’s blunders aren’t the only reason to wonder how often fantasy passes for science in courtrooms. Recent years have seen a wave of scandal,...

There have also been scores of individual cases in which forensic science failures have led to wrongful convictions...

Some wrongful convictions can never be righted...Texas Commission on Forensic Science concluded that the arson science used to convict him was worthless, and independent fire experts condemned the investigation as a travesty. But those findings came too late to do Willingham any good. ...

Law is a poor vehicle for the interpretation of scientific results....

One serious problem with those tests is that they allow for high levels of subjectivity. The NAS authors wrote that fingerprint analysis, for example, is “deliberately” left to human interpretation, so that “the outcome of a friction ridge analysis is not necessarily repeatable from examiner to examiner.”...

Yet forensic science involves both knowledge and practice, and while the science behind DNA is far from the prosecutorial voodoo of jeans and bite marks, its analysis must be conducted within a similar institutional framework. Analysts themselves can be fallible and inept; the risk of corruption and incompetence is no less pronounced simply because the biology has been peer-reviewed.

Such risk isn’t merely theoretical. While Florida exoneree Chad Heins had DNA to thank for the overturning of his conviction, DNA was also responsible for the conviction itself, with an analyst giving faulty testimony about DNA found at the site where Heins’s sister-in-law was murdered....

Earlier this year in San Francisco, thousands of convictions were thrown into doubt after a DNA technician and her supervisor were found to have failed a proficiency exam. In preparing evidence for a trial, the two had also covered up missing data and lied about the completeness of a genetic profile, despite having been disciplined internally for previous faulty DNA analyses....

The high degree of confidence placed in DNA is especially worrying because successful DNA analysis requires human institutional processes to function smoothly and without mistakes...

Prisoners Exonerated, Prosecutors Exposed

http://www.nytimes.com/2016/02/13/opinion/prisoners-exonerated-prosecutors-exposed.html

Last year’s group spent an average of more than 14 years behind bars. Five had been sentenced to death. Amazingly, half of the exonerations involved cases in which no crime occurred at all...

In nearly half of all 2015 exonerations, the defendant pleaded guilty before trial. These numbers are a bracing reminder that admissions of guilt are unreliable far more often than is generally believed....

Official misconduct — including perjury, withholding of exculpatory evidence and coercive interrogation practices — occurred in three of every four exonerations involving homicide, and it was an important factor in many other cases as well....

Can you catch a killer using only teeth marks?

http://www.bbc.com/news/magazine-35564041

"[Bite mark evidence] resulted in thousands of convictions, and at least 24 wrongful convictions and indictments."...The Innocence Project noticed how many of their DNA exoneration cases involved bite mark evidence, and have been highly critical of the technique since. "People's teeth are not unique like fingerprints," ...human teeth sets are actually more similar to one another than expected.

Trying to See: Crime labs and humans:

A combustible combination

http://www.tillamookheadlightherald.com/fenceposts/trying-to-see-crime-labs-and-humans-a-combustible-combination/article_0cda8936-5d87-11e6-8e14-970300fee27c.html

In “The Atlantic” (April 20, 2015), an article about flawed forensic science noted that most crime labs are agencies of the state and consequently are seen as resources for the prosecutor and police. Pressures (sometimes implicit, sometimes explicit) on analysts in such places push them toward convictions rather than acquittals. When some prosecutors’ offices hire private labs to do their forensic work, those labs can feel pressure to present results that support guilty verdicts rather than acquittals if the labs want to gain future work.

In a 2013 issue of “Criminal Justice Ethics” (Vol. 32, #2) investigators claimed that the US criminal justice system creates incentives for false convictions, and that the rate of false convictions runs high in this country.

...The weakest link in forensic analysis lies in the humans making judgments in each instance about what the technology seems to show.

...The National Registry of Exonerations noted in July that official misconduct, perjury and false accusations were present in a high percent of wrongful convictions of people who were later exonerated for serious crimes such as homicide (68%), sexual assault (37%) and child abuse (84%). Such a situation cries out for better checks and balances against human imperfections (laziness, cynicism, indifference, outright dishonesty) than exist today in our adversarial justice system.

...Errors in procedure, mishandling and contamination of DNA samples and other material evidence; pressure on lab analysts from prosecutors and police; outright lying to support convictions; incompetence of analysts and lack of thoroughness on the part of poorly paid, court appointed defense attorneys: all these point to the fact that the true value of these forensic tools are totally dependent on the integrity and skills of criminal justice professionals. As with many areas of human activity, integrity and skills are sometimes reeds too thin to lean on.

2015 Innocents Database Exoneration Report:

http://www.justicedenied.org/2015idbreport.html

In the year 2015:

184 exonerations involved a case in which no crime was committed. That was 58% of exonerations.

* 58% OF ALL CASES NO CRIME EVER OCCURRED.

More than 51% of the people exonerated in 2015 were convicted by a jury,

20% were convicted after a bench (judge only) trial,

and 29% pled guilty.

* NEARLY A THIRD OF ALL CASES THE DEFENDANT PLED GUILTY TO A CRIME HE DID NOT EVEN DO.

* HALF OF ALL CASES THE JURY WRONGFULLY CONVICTED HIM.

11% of the exonerations involved a false confession by either the exonerated person (9%) or a co-defendant (2%). That is comparable to the average for the ten years from 2006 to 2015 when 10% of exonerations involved a false confession: 8.5% by the exonerated person and 1.5% by a co-defendant.

Combining false confessions and guilty pleas:

40% of persons exonerated in 2015 falsely admitted guilt.

* ALMOST HALF OF ALL DEFENDANTS WERE FORCED TO ADMIT GUILT TO A CRIME HE DID NOT DO.

In the U.S. there are over a million felony convictions yearly in state court, and more than 125,000 convictions in federal court, so even given only a 2% wrongful conviction rate – and there are estimates the actual rate is 10% or more – there would be more than 22,000 wrongful convictions per year.

So the 316 cases in the database for 2015 is little more than 1% of that number. What is unknown – and for the foreseeable future it will remain unknown – is exactly how many innocent people have had their wrongful conviction(s) overturned. Also unknown is the infinitely larger number of innocent people

– possibly totaling over a million – who have not, and never will have their wrongful conviction(s) overturned: those people will forever be officially branded as a criminal for a crime committed by another person, or that may not have even occurred. Thus, the known exonerations are a miniscule representation of the actual number of wrongly convicted persons.

(Keep in mind this data were for serious crimes only. Less serious crimes and misdemeanors are not given any considerations. The wrongful convictions of lesser crimes increase exponentially.

Also consider that only 1% to 5% of all cases in the USA actually go to trial. 95% of all USA defendants are forced/coerced to plead guilty. Many are innocent to a crime they did not do.)

6,515 Cases Currently Listed in the Innocents Database

(7-7-2016)

    • There are cases from 116 countries.

    • 4,043 cases are from the United States

    • 2,472 cases are from a country other than the U.S.

    • 569 people were sentenced to death.

    • 911 people were sentenced to life in prison.

    • 2,090 people were convicted of a homicide related crime.

    • 1,013 people were convicted of a sexual assault related crime.

    • 219 people were posthumously exonerated by a court or a pardon

U.S. Cases

1989 - 2015

3,159 = Total

2,772 = Males

356 = Females

31 = Other (Businesses, etc.)

Preventing Juror Misconduct is a Big Challenge

http://www.nationallawjournal.com/id=1202772885686/Preventing-Juror-Misconduct-is-a-Big-Challenge?slreturn=20161021212318

One in nine criminals may have been wrongly convicted (in the Netherlands)

http://www.dutchnews.nl/news/archives/2016/11/one-in-nine-criminals-may-be-wrongly-convicted-dutch-research/

As many as one in nine people convicted of a crime in the Netherlands may have suffered a miscarriage of justice – and the figure could be higher for serious offences, a new book has claimed....

Ton Derksen calculated that the wrongful conviction rate in the criminal courts was between four and 11 per cent, equivalent to around 1,000 people a year. For murder, rape and other offences that attract the heaviest penalties the estimated rate of error is between 7 and 15 per cent....

A study in Norway found that judges are more likely to accept flimsy or incomplete evidence when trying serious offences, increasing the risk of miscarriages of justice in cases such as murder and rape....

The chance of having a conviction overturned on such grounds in the Netherlands is low compared to other countries.

Corrupt Cop Story: Heartwarming or Disconcerting -

https://goodmenproject.com/ethics-values/corrupt-cop-story-heartwarming-or-disconcerting-mlyd/

This man alone was responsible for 50-60 false convictions... That would conservatively equate to some 28% of our prison population being wrongfully imprisoned at the hands of corrupt officers ...

The U.S. Justice System Is Criminal

http://www.globalresearch.ca/the-u-s-justice-system-is-criminal/5571774

Today the criminal justice system is largely indifferent to a defendant’s guilt or innocence. This is a far worse problem than racism. It is the main reason that there are so many false convictions in the US and so many wrongfully convicted Americans in prison. ...

To be clear: The primary reason for wrongful conviction is that the success indicator for police, prosecutor, and judge is conviction, not justice. Crimes are solved by wrongful convictions. High conviction rates boost the careers of prosecutors, and high profile convictions boost their political careers. The key to rapid and numerous convictions is the plea bargain. And plea bargains suit judges as they keep the court docket clear. Today 97% of felony cases are settled with a plea bargain. This means police evidence and a prosecutor’s case are tested only three times out of 100. When the evidence and case are tested in court, the test confronts a vast array of prosecutorial misconduct, such as suborned perjury and the withholding of exculpatory evidence. In America, everything is loaded against Justice.

In a plea bargain police do not have to present evidence, prosecutors do not have to bring a case, and judges do not have to pay attention to the case and be troubled by a growing backlog as trials consume days and weeks.

In a plea bargain the defendant, innocent or guilty, is told that he can plead to this or that offence, which carries a lighter sentence than the crime that allegedly has actually occurred and on which the defendant is arrested, or the defendant can go to trial where he will face more serious charges that carry much harsher penalties. As it has become routine for police to falsify evidence, for prosecutors to suborn perjury and withhold exculpatory evidence, for jurors naively to trust police and prosecutors, and for judges to look the other way, attorneys advise defendants to accept a plea deal. In other words, no one expects a fair trial or for real evidence to play a role in the outcome....

Top 6 Causes for Wrongful Convictions

(Part 1) — Snitches

http://www.paduiblog.com/pa-dui/top-6-causes-wrongful-convictions-part-1-snitch-testimony/

Top 6 Causes for Wrongful Convictions

(Part 3) — Bad Forensics

http://www.paduiblog.com/pa-dui/top-6-causes-wrongful-convictions-part-3-improper-forensic-science/

NULLIFY ALL UNCONSTITUTIONAL LAWS... NULLIFY

New Hampshire House Passes Bill That Would Require Courts to Fully Inform Juries

http://blog.tenthamendmentcenter.com/2017/02/new-hampshire-house-passes-bill-that-would-require-courts-to-fully-inform-juries/

CONCORD, N.H. (Feb. 15, 2017) – A New Hampshire bill that would require state courts to fully inform jurors of their right to nullify passed the House today.

NULLIFY NULLIFY Nullify Nullify

America Behind Bars

https://studybreaks.com/2017/03/23/prison-3/

The United States holds 5 percent of the world’s population, yet the country incarcerates 25 percent of the world’s prisoners. So, why is the U.S. playing judge? ...Since the 1970s, the state prison population has grown 700 percent.

The Science of Innocence and the Silence of Innocents

http://www.newyorklawjournal.com/id=1202781810947/The-Science-of-Innocence-and-the-Silence-of-Innocents?slreturn=20170230193726

"Wrongful conviction, the ultimate sign of a criminal justice system's breakdown and failure, has been documented in too many cases," ...

"Among the more than 2.2 million inmates in U.S. prisons and jails, countless may have been convicted using unreliable or fabricated forensic science. The U.S. has an abiding and unfulfilled moral obligation to free citizens who were imprisoned by such questionable means."...

While the Supreme Court bates its breath over standalone innocence, New York has found it in People v. Hamilton , 115 A.D.3d 12, 21 (2d Dept. 2014), based on due process [N.Y. Const., art I, §6] and cruel and unusual punishment [N.Y. Const., art I, § 5], and extended it to guilty pleas in People v. Tiger , 2017 NY Slip Op. 1575 at 7 (2d Dept. 2017).

In 2016 More Than $263 Million Was Awarded Or Paid To Wrongly Convicted Persons In U.S.

http://justicedenied.org/wordpress/archives/3585

DNA evidence isn't enough to keep innocent people out of jail: criminal justice professor

http://www.metro.us/news/dna-evidence

DNA evidence doesn’t exist in most criminal cases....“One of the issues of DNA is that it creates the appearance of solving the problem of ‘innocent man convicted,’ but it really doesn’t because so few cases actually involve biological evidence,” Medwed said. That means there’s less chance of correcting a wrong conviction when there’s no DNA evidence involved, unless we look at why wrongful convictions happen in the first place...that means many other cases without DNA evidence probably have errors, too,...DNA is most often involved in sexual assault and murder cases, Medwed said, but usually doesn’t appear in cases involving such crimes as robbery, street theft and murder by firearm. “It’s much harder to overturn those other cases when you don’t have the magic bullet of science,” he said. The success of DNA evidence is basically a distraction, Medwed said, from the other ways our criminal justice system fails innocent people. “I think the system has begun to rely on DNA, that’s part of my concern,” Medwed said. “As great a tool it is, DNA doesn't appear in many cases, and we don’t want the impression that problems are solved.”

Panel of wrongly convicted Virginians discuss how 'you never get your life back'

http://www.dailyprogress.com/news/local/uva/panel-of-wrongly-convicted-virginians-discuss-how-you-never-get/article_cba51b88-256e-11e7-b1f8-ab18aa46e6d6.html

University of Virginia School of Law on Wednesday, four men and one woman spoke about their experiences with being falsely accused of heinous crimes, imprisoned and — eventually — freed....the panel cut to the bone of how difficult it can be to fight a broken justice system. “Every wrongful conviction case is worthy of a book,” Grisham said. “The whole system failed. That’s why these stories are so fascinating.”...

Grisham said police and prosecutors sometimes do whatever it takes to close a case. “Prison is beyond description when you deserve it,” he said. “I can’t imagine being there when you’re innocent.” ...

“It’s been a long time, and you never get your life back.”...Monroe said...

“Having to go through that experience, y’all wouldn’t understand it,” Weakley said.

Because of police pressure and intense interrogation techniques, Weakley said he falsely confessed against his friends,...“By screwing up your case, the murderer got away,” Grisham said. They didn’t care if we did it or not,” Weakley said. “They just wanted to solve the case.” ...

“Injustice does happen. There are people that are innocent.” “To everybody else who is locked up, going through the same thing we are, just have faith in God,”...

For Hash, a jail snitch led to his conviction. A man with whom he never spoke more than three words to stood in court — under oath — and said Hash confessed the crime to him. “I was just astounded,” Hash said. “It’s not unusual,” said Grisham. “They almost always have a sweetheart deal with the prosecutor, which they will deny under oath. The cops and prosecutors are in the know and the judges are asleep. Their job is to exclude this crap and they play along.” ...

Davis, on the other hand, said detectives coerced him into admitting his own involvement. He agreed to an Alford plea in exchange for a 23-year sentence, he said.

As a high-school student, Davis said he had no idea what was happening and was forced to sit through a seven-hour interrogation with no breaks....

“Wrongful convictions and coerced confessions do happen,” Davis said after the panel. “It’s up to us to figure out how to change that.”...

“You say, ‘I didn’t do this. I didn’t do this,’ but your words fall on deaf ears,” he said....

“It was just their word against mine,” he said.

Wrongfully Convicted Entitled to Refunds, Rules Supreme Court

http://www.governing.com/topics/public-justice-safety/tns-scotus-wrongful-conviction.html

People who are freed from prison when their convictions are reversed deserve a refund of what they paid in fees, court costs and restitution, the Supreme Court ruled Wednesday. "They are entitled to be presumed innocent" once their convictions are thrown out, said Justice Ruth Bader Ginsburg, and the state "has zero claim" to their money....

A blind person was used by prosecution as an eyewitness. LMFAO...

Blind Eyewitness Frees Convicted Murder After 25 Years

http://www.legalreader.com/18465-2/

Last week, a Portland, Maine, judge Joyce Wheeler released 44-year-old Anthony Sanborn, Jr., on bail set at $25,000 after serving 25 years in prison. The overturned conviction came after Hope Cady, a blind eyewitness, whose testimony helped send Sanborn to jail for murder, said police had pressured her to testify against him and she didn’t actually witness the crime....

Cady said she was legally blind at the time of the 1989 murder and wasn’t even in the area at the time the incident occurred. She said she testified against Sanborn after allegedly being coerced by detectives and a state prosecutor. Cady says investigators shouted at her, called her inappropriate names and even threatened to send her to prison if she didn’t comply. “They basically told me what to say,” Cady, said of the detectives after she finally broke down. She acted as a “blind eyewtiness”, added she could barely see the lawyer standing about seven feet from her in the Portland courtroom let alone serve as a reliable eyewitness to a crime and that Sanborn deserved to go free.

The detectives have denied Cady’s allegations. However, the blind eyewitness and her recantation was supported by the notes of a social worker who was appointed as Cady’s guardian just weeks before the trial. Cady’s medical history and her caseworker’s notes were not released to Sanborn’s attorneys prior to the trial, which may have eliminated her as a reliable witness. A note in the prosecutor’s file from a police report urging that three other witness statements not be turned over to the defense was also kept hidden. A profiler for Sanborn’s attorneys says the crime may actually be linked to a serial killer and that this person was left free to going about killing others while Sanborn was doing time. ...

Why New Orleans Leads the U.S. in Wrongful Convictions

https://www.citylab.com/crime/2017/06/why-new-orleans-leads-the-us-in-wrongful/529389/

1,143 of every 100,000 people in the state, Louisiana incarcerates at nearly twice the national average rate—and six times over Mexico’s incarceration rate.... half of the people in its jails haven’t even been convicted of any crime. ... These district attorneys are also placing a lot of people in jail for crimes they didn’t do—the state has the second highest rate of exonerations per capita in the country,... prosecutors presented no evidence whatsoever in close to 60 percent of the trials monitored in 2016. ...“The fact that over 57 percent of all trials seen by court watchers contain no physical evidence, no scientific evidence, nor any eyewitness testimony is problematic and should be a good starting point for future improvement,” ... DAs have been issuing fake subpoenas to crime victims to force them to testify in court, often under threat of incarceration....

Just lie to me, and get paid...

$100,000 To Snitch? Perks For Jailhouse Informants Come Under Scrutiny

http://publicradioeast.org/post/100000-snitch-perks-jailhouse-informants-come-under-scrutiny

Today, inmates still trade information for rewards -– sometimes big ones. Two Southern California tipsters pulled in more than $300,000 between 2011 and 2015 informing on fellow inmates. ..."I'm concerned about the veracity of the information. I might incriminate you at $100,000 dollars a year. That could be a sideline business in prison," ..."It's the taxpayers' money...."They're giving the government information in exchange for a benefit," ..."As one court has said, it's hard to imagine a greater inducement to fabricate than the promise of one's own liberty," ...

Woman 'made up sex attack claims against 15 men and sent innocent man to jail for 7 years'

https://www.thesun.co.uk/news/3793066/woman-made-up-sex-attack-claims-against-15-men-and-sent-innocent-man-to-jail-for-7-years/

LYING Jemma Beale, 25, made false rape and sex assault claims against 15 different men — and sent an innocent man to jail for seven years, a court was told.

Beale made allegations over three years but they were “grotesque inventions”

The US Criminal “Justice System” is Devoid of Justice

http://www.globalresearch.ca/the-us-criminal-justice-system-is-devoid-of-justice/5595805

10 Wrongful Convictions Based On False Confessions

https://www.top10lists.today/10-wrongful-convictions-based-on-false-confessions/

DNA Evidence Frees the Innocent

http://reason.com/archives/2017/07/18/dna-evidence-frees-the-innocen

This essay is adapted from Exonerated: A History of the Innocence Movement

Odds stacked against the wrongly convicted

Exonerations are rare and "over-charges"/convictions common

https://www.outandaboutnashville.com/story/odds-stacked-against-wrongly-convicted/51793#.WWAY0OmQzv8

Jailhouse snitches face greater scrutiny

http://www.mysanantonio.com/opinion/editorials/article/Jailhouse-snitches-face-greater-scrutiny-11735206.php

In a report released late last year, the commission noted 33 percent of the nondrug-related exonerations it reviewed had false accusations as a contributing factor leading to wrongful convictions...

In 2009, Texas became one of the first states to regulate testimony from jailhouse snitches by prohibiting the conviction of defendants based solely on their testimony without corroborating evidence...

A criminal defendant is innocent until proven guilty, but it does not always work out that way in Texas. The state has earned a reputation for sending the wrong person to prison....

Our Criminal Injustice System

http://natmonitor.com/2017/08/24/our-criminal-injustice-system/

So, I’ll say it again: being accused of a crime is not the same as being guilty of a crime. ...

Being accused of a crime is very expensive. And if you can’t afford it, you’re in trouble. ...All this without a conviction, without a trial, and most likely, without any evidence. Here comes the best part. If you can’t afford thousands of dollars for a defense attorney, you get a public defender... public defenders are overworked. ..They don’t have the time to sit down and talk with their clients, to review any evidence, or basically anything. ...Add to this that 95% of all convictions are plea bargains ...

The Deal Prosecutors Offer When They Have No Cards Left to Play

https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/

When DNA evidence exonerated two men convicted in a 1987 murder, one took his chances on a retrial to overturn his conviction. The other accepted a special deal and left prison immediately—as a convicted killer.

DNA lab techniques, pioneered in New York, now under fire

http://www.bostonglobe.com/news/nation/2017/09/09/dna-lab-techniques-pioneered-new-york-now-under-fire/OaJjRSZR6WnsCpQ0v1AAcK/story.html

Two techniques for analyzing DNA evidence that were once considered cutting edge are now under fire amid questions about their reliability, and criminal defense attorneys in New York have asked a state agency to investigate the renowned lab that once used both methods....Both techniques have been phased out in favor of new technology. But the lab says it’s used its forensic statistical tool developed in-house in 1,350 cases over the past six years and used what’s called low copy number analysis in about 3,450 cases over the past 11 years. Once New York was the only lab in the country that used the latter method... and we can’t tell if it’s accurate or not....

All the Lies About the Origins of ‘Liar, Liar, Pants on Fire’

http://www.atlasobscura.com/articles/liar-liar-pants-on-fire-origin-phrase-history

5 Ways That Innocent African Americans End Up Behind Bars

https://newsone.com/3740742/5-ways-that-innocent-african-americans-end-up-behind-bars/

The U.S. prison population is about 2.3 million (the largest in the history of the world), with most of its inmates in jail for nonviolent offenses. If our prison population were a city, it would be the size of Houston, Texas.... Here’s look at the systemic failures that fill prisons, jails, and detention centers with people who shouldn’t be there. 1.Overburdened Defense Lawyers ...2.Forensic Evidence...3. Law Enforcement Corruption...4. Lack Of Speedy Trials...5. Money...

STUDY: Worst Crimes Carry Highest Risk of Bad Evidence, Wrongful Convictions

http://www.socialistwebzine.com/?p=4320

Two professors of sociology and criminology who reviewed more than 1500 cases in which convicted prisoners were later exonerated have found a direct relationship between the seriousness of the crime and miscarriages of justice: “the ‘worst of the worst crimes,’” they say, “produce the ‘worst of the worst evidence.'” ... “as the seriousness of a crime increases, so too does the chance of a wrongful conviction.” Prosecutions for the most serious crimes tend to involve the most inaccurate and unreliable evidence, they said, and the risks are greatest in cases producing murder convictions and death sentences. “The types of vile crimes in which the state is most apt to seek the death penalty are the same crimes in which the state is most apt to participate in the production of erroneous evidence…, from false confession to untruthful snitches, government misconduct, and bad science.” Delving into the phenomenon of false confessions, the professors found that “[a]s the seriousness of a particular crime increases, or the seriousness of the general crime problem increases, police interrogation becomes more aggressive. In turn, aggressive interrogation produces more true confessions and more false confessions.” They say police officers are under institutional pressures to solve high-profile cases and the “most heinous” and serious crimes, which leads than to use more aggressive tactics to obtain a confession....

According to the National Registry of Exonerations, 234 of those 1535 exonerated from 1989 through 2014 falsely confessed, 22 of whom were sentenced to death. The sociologists found that 21% of those convicted of murder falsely confessed, as compared with only 7% of those convicted of less serious crimes. In exoneration cases in which DNA evidence bolstered claims of innocence, 41% of those wrongly convicted of murder had confessed, a false confessions rate that was seven times higher than those convicted of crimes other than murder. As for death-row exonerees, 39% of people who were convicted of the most heinous murders confessed, five times the false confession rate (7%) of those who convicted of murders the researchers had determined were less heinous. Phillips and Richardson also found that the heinousness of the murder predicts “the government’s reliance on an untruthful snitch, government misconduct, and bad science.” Of the death-row exonerations, the state committed misconduct in 86% percent of high-heinous murders, compared to 66% percent of low-heinous murders; the state used prison informant testimony implicating the wrong suspect in 42% of high-heinous murders, as compared to 15% of low-heinous murders; and bad science was presented in 39% of high heinous murders, compared to 23% of low heinous murders.

Invalid Forensic Science Testimony and Wrongful Convictions

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1354604

This study found that in the bulk of these trials of innocent defendants - 82 cases or 60% - forensic analysts called by the prosecution provided invalid testimony at trial - that is, testimony with conclusions misstating empirical data or wholly unsupported by empirical data. ...

Defense counsel rarely cross-examined analysts concerning invalid testimony and rarely obtained experts of their own. In the few cases in which invalid forensic science was challenged, judges seldom provided relief....

Bath man who framed Frances Avis to appear on Channel 5 show The Nightmare Neighbour Next Door

http://www.bathchronicle.co.uk/news/bath-news/bath-man-who-framed-frances-579534

A Bath man who was jailed for 15 months for framing his neighbour ... Mark Webb pleaded guilty to four counts of perverting the course of justice in June after forging four letters incriminating Frances Avis.

Channel 5 filmed with Webb last year after he complained about his neighbour, who was convicted and sentenced as a result of the false allegations he had made.... Since it started in 2014, the documentary series has followed some of the most extreme cases of fallouts between neighbours all over the country...

ABA project will use e-discovery software to identify wrongful conviction trends

http://www.abajournal.com/news/article/aba_project_will_use_e_discovery_software_to_identify_wrongful_conviction_t

The ABA Center for Innovation and software developer Relativity on Tuesday announced the project known as DFENDR, an acronym for Distributed Forensic Expert Network Delegating Review. The project will analyze data on cases to determine whether bias or other factors could have contributed to wrongful convictions, according to the Bar Leader....

“We’re looking forward to setting an example of how the legal community can use technology to fight injustices caused by incorrect assumptions about human behavior.”

The DFNDER Project to Improve Review of Wrongful Convictions in the United States

https://www.prnewswire.com/news-releases/the-dfnder-project-to-improve-review-of-wrongful-convictions-in-the-united-states-300541020.html

Senate passes sweeping criminal justice reform bill

http://www.thesomervilletimes.com/archives/79709

“In 1982, about one of every 127 Massachusetts residents was under correctional control or supervision. Now that number is about 1 out of 25. ...“It is a major achievement to pass a criminal justice package of this magnitude, and I am proud of the Senate’s efforts to reform our broken system.”

Poole juror: Jurors voted guilty because they just wanted to go home

https://www.myhorrynews.com/poole-juror-jurors-voted-guilty-because-they-just-wanted-to/article_9bb8dd0e-6043-11e8-bc97-5b14f7b77e92.html

Hardee says he believed during the 10 hours of jury deliberations that Kimberly Renee Poole should not be found guilty, but he bowed to pressure, joined the majority that just wanted to go home, changed his vote to guilty and sealed her fate....“It wasn’t really a matter of if she was guilty or not guilty, they just didn’t prove it,” he said....

Although a jury is allowed smoke breaks while a trial is going on, it isn’t allowed to leave the room once deliberations start. Food is brought in, and smoke breaks are gone.

Hardee says one of the reasons he gave in was because he so desperately wanted a cigarette. “Those are very coercive tactics,” he said....“From what her lawyer told me, it’s going to be hard to get her out. I mean she was convicted on no evidence at all,” he said....

Step One to Stop False Accusations: Exposure

https://townhall.com/columnists/michellemalkin/2018/05/31/step-one-to-stop-false-accusations-exposure-n2485897

Incontrovertible fact: People lie.... Often, the reasons for manufacturing devastating fables are indiscernible or unfathomable. But this much is clear: If there are no consequences for lying about crime, false accusations will continue to ruin the lives of innocents ... Wrongful convictions are based on a rotten foundation of lies and untruths constructed by a village of false accusers, including jailhouse snitches, biased investigators, corrupt crime lab analysts, faulty eyewitnesses, and ruthless prosecutors acting in bad faith....

Reform begins with confronting, instead of denying, reality. The cure for ignorance is exposure. Bias of all kinds destroys lives. People lie about everything under the sun. Women do lie about rape. Judges, prosecutors and police are not infallible. The system does fail.

Plea deals punish the innocent in Gun Trace Task Force scandal

https://baltimorefishbowl.com/stories/plea-deals-punish-the-innocent-in-gun-trace-task-force-scandal/

The wrongful conviction of people who plead guilty due to police misconduct “is a disturbingly common feature of the criminal justice system,”

Not Guilty—But Not Free

https://thecrimereport.org/2018/06/19/not-guilty-but-not-free/

Phillips said there are programs in place for former prisoners, but when you have been declared not guilty “You’re on your own.” ...Given that they have to try to reconcile and come to terms with their experience of wrongful imprisonment, exonerees might have the highest incidence of PTSD of all former inmates.... only 37 percent of those exonerated receive any funding from the state at all....Unlike parolees and probationers, exonerees often don’t have services to help them re-enter society. Only three states have dedicated re-entry services for the exonerated. ...

The Era of Mass Incarceration Isn’t Over. This New Report Shows Why.

https://www.motherjones.com/crime-justice/2018/06/the-era-of-mass-incarceration-isnt-over-this-new-report-shows-why

A new report, however, says something critical has been overlooked in the mass incarceration discussion: local jails.... although the national prison population has gone down, in some parts of the country, the incarcerated population, particularly in local jails, has actually increased....

focusing solely on prison rates obscures what’s actually going on. “Those [national] declines are really uneven, and they’re mixed with incredible growth in some states and some counties, even in some states that are overall seeing declines. It’s a complicated picture.”...

compare them in terms of rate, the [incarceration rate of the] small county is about three times larger per capita compared to the NYC jail.”...

In response to pressure from criminal justice reform advocates, some states have simply reclassified felony crimes as misdemeanors, emptying prisons while filling up jails. The report says that between 2010 and 2015, 11 states decreased their prison populations while concurrently increasing their jail populations. This means that, in addition to perpetuating mass incarceration, more people are serving sentences meant for prison in jail, which are supposed to serve pre-trial detainees, not long-term inmates.

In addition, some states are actually doing the opposite and sending more people to prison rather than jail, a phenomenon the authors acknowledge merits more research. The report speculates that a possible reason for this could be that counties are motivated to send inmates to the state prison instead of the county jail, because the state foots the bill for the former.

Everyone pays when an innocent person is wrongfully convicted

http://www.sj-r.com/opinion/20181001/guest-view-everyone-pays-when-innocent-person-is-wrongfully-convicted

Oct. 2, is “International Wrongful Conviction Day.”... 2,271 individuals nationwide, have been exonerated from the most serious of wrongful convictions — murder, sexual assault, armed robbery and other high-level felonies. No one knows how many have been exonerated from “lesser” offenses, because such results are too many to track. ... In Illinois, the annual cost of housing one person for one year in the Department of Corrections is $44,967. ...

Kavanaugh confirmation exemplifies divided system that favors wealth

https://www.usatoday.com/story/opinion/policing/2018/10/07/brett-kavanaugh-supreme-court-divided-justice-system-policing-usa/1493756002/

“It is worse to be poor and innocent than rich and guilty” in America. That's what a capital defense attorney once told me.

LOL VIDEO...

Forensic Science: Last Week Tonight with John Oliver (HBO)

https://youtu.be/ScmJvmzDcG0

1 in 55 U.S. Adults Is on Probation or Parole

https://www.pewtrusts.org/en/research-and-analysis/articles/2018/10/31/1-in-55-us-adults-is-on-probation-or-parole

about half of the roughly 2.3 million people who complete their probation and parole terms each year do so successfully, nearly a third fail for a range of reasons, and almost 350,000 of those individuals return to jail or prison, often for violating the rules rather than committing new crimes. ...

North Dakota: 1 in 82 adults is under community supervision...

UNITED SLAVES GUBMINT & LAW IS A CRIMINAL GANG AND A TERROST REGIME. GUBMINT AND LAW IS A PROTECTION RACKET FOR THE MASTAS. THEY CREATE, FABRICATE, PROVOKE, INSTIGATE, ATTACK, etc., ... DANGERS WHICH THEY THEN EXTORT JOHN SLAVES TO PAY THEM FOR PROTECTION. FROM POLICE RACKETS, ATTORNEY RACKET, TO COURTROOM RACKET THE ENTIRE LEGAL PROFESSIONS PROFITS FROM EVERY CASE STEALING MONEY FROM JOHN SLAVE. NO WONDER USA IS #1 LEADING JAILER. GUBMINT MASTAS ALSO RUN A PROTECTION RACKET TO FOREIGN NATIONS PROVOKING WARS WITH SOME NATIONS SO THEY CAN SELL PROTECTION TO OTHER NATIONS...

Protection racket

https://en.wikipedia.org/wiki/Protection_racket

A protection racket is a scheme whereby a group provides protection to businesses or other groups through violence outside the sanction of the law—in other words, a racket that sells security, traditionally physical security but now also computer security. Through the credible threat of violence, the racketeers deter people from swindling, robbing, injuring, sabotaging or otherwise harming their clients. Protection rackets tend to appear in markets where the police and judiciary cannot be counted on to provide legal protection, either because of incompetence (as in weak or failed states) or illegality (black markets).

Protection rackets are indistinguishable in practice from extortion rackets, and distinguishable from private security, by some degree of implied threat that the racketeers themselves may attack the business if it fails to pay for their protection. A distinction is possible between a "pure" extortion racket, in which the racketeers might only agree not to attack a business, and a broader protection racket offering some real private security along with some extortion on the side, in which the criminals might agree to defend a business from any attack by either themselves or third parties (other criminal gangs). However, this distinction is moot in reality because extortion racketeers may have to defend their clients against rival gangs if only to avoid losing their cash cows. By corollary, criminal gangs may have to maintain control of territories (turfs), because local businesses don't have enough revenue to feed countless parasites without financially collapsing and thus the parasites must compete for hosts....

Government protection rackets: Government officials may demand bribes to look the other way or extort something of value from citizens or corporations in the form of a kickback. It need not always be money. A lucrative job after leaving office may have been in exchange for protection offered when in office. Payment may also show up indirectly in the form of a campaign contribution. Stopping governments agencies as a whole, and buying protection in the government is called regulatory capture.

129,610 Cases Now In Innocents Database

http://justicedenied.org/issue/issue_72/jd_issue_72.pdf

129,610 Cases Now In Innocents Database The Innocents Database now includes 129,610 cases: 27,303 from the U.S.,and 102,307 from 119 other countries. The database includes 26,389 U.S. cases from 2018 to 1989, when the first DNA exoneration occurred. The Innocents Database is the world’s largest database of exonerated persons, and it includes all identifiable exonerations in the United States, as well as internationally.

The Innocents Database includes:

605 innocent people sentenced to death.

● 1,101 innocent people sentenced to life in prison.

● 2,324 innocent people convicted of a homicide related crime.

● 1,153 innocent people convicted of a sexual assault related crime.

839 innocent people were convicted after a false confession by him or herself or a co-defendant.

● 124,314 innocent people were convicted of a crime that never occurred.

● 233 innocent people were posthumously exonerated by a court or a pardon.

90 people were convicted of a crime when they were in another city, state or country from where the crime occurred.

● 2,068 innocent people had 1 or more codefendants. The most innocent codefendants in any one case was 36, and 25 cases had 10 or more co-defendants.

● 12% of wrongly convicted persons are women.

● The average for all exonerated persons is 7-1/8 years imprisonment before their release.

● 31 is the average age when a person is wrongly imprisoned.

● Cases of innocent people convicted in 120 countries are in the database.

● 27,303 cases involve a person convicted in the United States.

● 102,307 cases involve a person convicted in a country other than the U.S.

Click here to go to the Innocents Database at www.forejustice.org/exonerations.htm

The Rising Tide of Wrongful Convictions

https://longreads.com/2018/11/28/the-rising-tide-of-wrongful-convictions/

Fifty-five percent of the first sixteen hundred exoneration cases involve false testimony — not mistaken identifications, but flat-out lies. Witnesses lie for many reasons: some to protect themselves or someone else, some because law enforcement has coached, coerced, or promised them a reward. Some witnesses lie out of plain malice. Lying under oath is perjury, which is a state and federal crime, though it is among the least prosecuted...

USA SLAVES ARE FORCED TO PLEAD GUILTY TO MADE UP FICTION SO THAT THEY CAN BE WRONGFULLY CONVICTED WHEN THE SLAVE AUCTION HAS NO REAL ACTUAL FACTS....

Fictional Pleas

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3273691

A fictional plea is one in which the defendant pleads guilty to a crime he has not committed with the knowledge of the defense attorney, prosecutor and judge. ... where there is no creative option based on the underlying facts of the allegation, the attorneys must turn to fiction. ... But this Article is also an examination of how this seemingly empathetic practice is made possible by the nature of the modern adversarial process – namely, that the criminal system has continually traded away accuracy in exchange for efficiency via the plea bargain process. In this sense, fictional pleas serve as a case study in criminal justice problem solving. Faced with the moral quandary of mandatory collateral consequences, the system adjusts by discarding truth and focusing solely on resolution. The fictional plea lays bare the soul of an institution where everything has become a bargaining chip: not merely collateral consequences, but truth itself. Rather than a grounding principle, truth is nothing more than another factor to negotiate around.

How Misdemeanors Turn Innocent People Into Criminals

https://theintercept.com/2019/01/13/misdemeanor-justice-system-alexandra-natapoff/

The misdemeanor system represents 80 percent of the state criminal dockets in this country...

We need a misdemeanor system that is capable of punishing low-level crime in a way that’s proportionate and fair, but our misdemeanor system has ballooned to encompass all kinds of other things: to create tools for police to engage in order-maintenance regulation of high crime and/or poor neighborhoods of color; to enforce gentrification boundaries; to collect information; to meet performance metrics in their own department. The misdemeanor system has always exceeded its core purpose of crime control and always reached into the outer corners of social control and social regulation....

We know that approximately a quarter of the American adult population has a criminal record. That’s a terrible public policy....And the whole system, writ large, really incentivizes the guilty plea....

Of course, defendants are under the most extraordinary pressure to plead guilty....

This seems like a nearly perfect system for convicting the innocent. It is a setup for a wrongful conviction because it’s fast, it’s sloppy; because the evidence is not scrutinized, because there is such an enormous pressure on defendants to plead guilty, and such enormous pressure on all the official players to get them to plead guilty regardless of the evidence. Indeed, much of the time, the evidence will never be checked, and the pressure to plead will overwhelm what we think of as the true function of the criminal system, which is to actually figure out whether anybody has committed a crime or not....

HOW BAD ARE THE AMERICAN CONCENTRATION CAMPS?

SO BAD THAT EVEN THE SLAVE AUCTION IS CATCHING TYPHUS FROM THE PO'LICE...

‘Absolutely terrifying’: Deputy city attorney says she contracted Typhus

https://www.latimes.com/local/lanow/la-me-ln-city-hall-typhus-20190209-story.html

typhus. “It was absolutely terrifying,” Greenwood said, describing symptoms that included a 102-degree fever, “the worst headache I have ever had in my life,” and dizziness so severe that she needed help walking to the bathroom. Greenwood’s experience — and her willingness to speak publicly about it — was a driving factor in this week’s admission by city officials that Los Angeles’ iconic seat of government is infested with vermin....

PROSECUTOR MISCONDUCT = ABOLUTE POWERS = IMMUNITY...

Indiana seeks to uphold conviction after hypnosis bolstered identification

https://www.injusticewatch.org/news/2019/indiana-seeks-to-uphold-conviction-after-hypnosis-bolstered-identification/

But across the country, instances of apparent misconduct by prosecutors seldom are reported, and prosecutors rarely face disciplinary action, according to legal experts. Disciplinary complaints are not public, and there is little information about how often instances are even reported. But experts say that attorneys and judges are reluctant to file complaints.

Prosecutors, defense attorneys and judges “all swim around in the same fishbowl together and nobody wants to be a snitch and rat someone out they interact with on a regular basis,” says Lara Bazelon, associate professor at the University of San Francisco Law School.

Bazelon said defense attorneys might fear prosecutors would retaliate against future clients of theirs, and judges, who often face re-election or retention bids, would face electoral backlash. Prosecutorial misconduct, but often no discipline

Past studies have shown that prosecutorial misconduct happens with some regularity, and in the worst cases leads to wrongful convictions....

The National Registry for Exonerations found in 2017 that 84 exonerations that year—about 60 percent— were the result of “official misconduct,” the great majority of which deals with police or prosecutors withholding potentially exculpatory evidence. Earlier, the Center for Public Integrity found more than 2,000 cases nationwide in which convictions were partly or fully reversed based, at least in part, on prosecutorial misconduct; But only 44 of these cases resulted in any kind of discipline of the prosecutor. John Hollway, the director of the University of Pennsylvania Law School’s Quattrone Center, cited several reasons prosecutors often go undisciplined for misconduct: Many judges are former prosecutors. The disciplinary boards also are often staffed by former prosecutors. And judges often have rapport with prosecutors in their courtroom.

Additionally, experts note the difficulty in establishing that the misconduct is willful and not accidental....

How Data Can Help Curb Wrongful Convictions

https://www.smartdatacollective.com/how-data-is-helping-the-wrongfully-accused-prove-innocence/

According to a federally funded study conducted on behalf of the U.S. Department of Justice, it’s believed that wrongful convictions in cases with a sexual assault component occur at a rate of 11.6 percent.... While DNA has helped exonerate hundreds of people, it’s not always the only factor involved in a case. Whether it’s a case with or without DNA, the wrongfully accused often find themselves behind bars because of an inability to provide a documented alibi...

Danny Kay, 26, had been jailed after a woman accused him of rape following a sexual encounter. His conviction was largely rooted in a string of Facebook messages that appeared to show him apologizing for sex and lying about his age. However, it turned out that the accuser had actually selectively deleted messages in order to prove her version of the story. When Kay’s sister-in-law did some digging around, she was able to find the original message thread in an archived format. It showed that the sexual encounters were quite consensual...

Beyond ‘Brady’: The Ethical Implications When a Prosecutor Learns That an Officer Fabricated Evidence

https://www.law.com/newyorklawjournal/2019/05/09/beyond-brady-the-ethical-implications-when-a-prosecutor-learns-that-an-officer-fabricated-evidence/

The Manhattan District Attorney’s Office recently announced the indictment of NYPD detective Joseph Franco, who was charged with numerous counts of perjury and official misconduct. The indictment alleges that Detective Franco, a 19-year veteran of the Manhattan narcotics squad, fabricated evidence and testified falsely in at least three cases where the defendants pled guilty and received prison sentences. In the aftermath of the indictment, defense attorneys have called on prosecutors in Manhattan and the Bronx to conduct an investigation into other cases involving Detective Franco in order to determine whether more convictions should be vacated....

This article addresses a prosecutor’s ethical obligations under the New York Rules of Professional Conduct (the Rules) upon learning of new evidence that might exonerate a convicted defendant.... See Rule 3.8 Cmnt. In particular, the rule recognizes: “The prosecutor’s duty to seek justice has traditionally been understood to require the prosecutor to take precautions to avoid convicting innocent individuals, but also requires the prosecutor to take reasonable remedial measures when it appears likely that an innocent person was wrongly convicted.” Id., Cmnt. [6A]....

The Opinion concludes that Rule 3.8(c) may be triggered by, among other things, “new evidence that tends to discredit the proof at trial, such as … information impeaching a key witness.” The Opinion also concludes that Rule 3.8(c) applies equally to guilty pleas as a conviction after trial “since a guilty plea does not foreclose the possibility that the defendant was in fact innocent.” This is particularly important here since all three of the cases on which Detective Franco’s indictment is based involved guilty pleas....

LMFAO. HOW CORRUPT ARE USA SLAVE AUCTIONS? READ ON...

Testimony from legally blind eyewitness results in murder conviction; case now under review

https://www.theblaze.com/news/witness-in-murder-case-was-blind

The murder conviction of a Chicago man is under review in Illinois, after it was revealed following trial that the key witness — who purportedly saw the crime and identified the perpetrator — is legally blind.

Dexter Saffold swore under oath five years ago that he saw Darien Harris kill a man at a South Side gas station in 2011. While there was no physical evidence linking Harris to the crime, and surveillance footage did not show the shooting or the suspect's face, Cook County Circuit Judge Nicholas Ford found Saffold to be an "honest witness" who gave an "unblemished" testimony, according to a report in the Chicago Sun-Times.

Based on that, Ford found Harris guilty of murder and sentenced him to 76 years in prison, where he remains. There was no jury trial, and the Illinois appellate court upheld the conviction in 2016.

What Ford didn't know at the time was that Saffold was legally blind, despite claiming in court that he had no problem seeing. Injustice Watch revealed "Saffold's vision problems have been documented in lawsuits he's filed over a span of 16 years against colleges, a landlord and two employers" for discriminating against him for his visual disability.

Doctors and the U.S. government deemed Saffold blind from his advanced glaucoma years before his testimony.

Never mind the fact that the sole witness whose testimony led to Harris's conviction is blind, he lied about that fact in court, attorneys for Harris contend. They are fighting to have their client's conviction overturned on that basis.

There were other witnesses present during at the shooting. Two of them initially claimed Harris was the perpetrator, but later recanted, alleging they were pressured by detectives to point the finger at Harris. The gas station attendant working that night also said he saw who committed the murder and recognized the suspect, but insisted Harris was not the guy who did it. That witness was not called to testify.

Anything else?

Illinois courts have started taking a second look at eyewitness testimony of late. The state's Supreme Court noted in 2017 that one-third of the 150 wrongful convictions in the state since 1989 were based on mistaken eyewitness testimony, according to attorney James Dimeas.

DNA is cracking mysteries and cold cases. But is genome sleuthing the ‘unregulated wild west?’

https://www.usatoday.com/story/news/nation/2019/05/14/heres-how-dna-cracking-cold-cases-and-exonerating-innocent/1159571001/

With DNA becoming the gold standard for forensic science, it has also shined light on flaws in other disciplines like bite mark comparisons, according to Potkin. She also added that most crimes don’t lend themselves to being resolved through DNA given that only 10% of violent crimes have DNA to test. Potkin added that advances in DNA technology have helped the public understand how wrongful convictions happen, noting that 28% of DNA exonerations involved people who confessed to crimes they didn’t commit. “Without DNA that would hard for people to understand,” she said. “Having DNA prove that that happens and happens at such alarming rates has forced people to go back and say ‘what are people doing in the interrogation room?’”... DNA evidence isn’t just used to convict criminals in unsolved cases, it’s also being used to free innocent people who have spent decades in prison for crimes they didn’t commit....

LAW ABIDING GOOD GUYS MURDERED AN INNOCENT MAN, USING THE LAW TO MURDER...

It's Never Too Late to Clear the Name of an Innocent Loved One Executed. We Know First Hand

https://www.newsweek.com/cameron-todd-willingham-sedley-alley-trial-fire-1427060

Our son and cousin, Cameron Todd Willingham, was convicted of killing his three baby girls by arson. His conviction rested on junk science and a jailhouse informant. In the days before Todd’s execution in February 2004, a nationally recognized arson expert, Dr. Gerald Hurst, submitted a detailed report to Governor Rick Perry and Texas courts showing that the arson evidence was false. It was based on false assumptions that had been discredited a decade earlier. Todd didn't spread accelerant around his house and start a fire. No chemical evidence of accelerant was found in the debris.

The fire was accidental—there was no crime at all. Governor Perry and the Texas courts, to our dismay, ignored this finding which has since been confirmed many times over by independent experts and eventually the Texas Forensic Science Commission. A number of arson convictions have been overturned.

After Todd’s conviction, the District Attorney illegally reduced the sentence of the jailhouse informant who falsely testified that Todd confessed to him about starting the fire by spreading accelerant and hid that fact, and the informant’s efforts to recant, from Todd’s lawyers. Todd was only 36 when Texas took his life by lethal injection and shattered the Willingham family forever. ...

Illinois Man Sentenced to 76 Years in Prison Based on Testimony From a Legally Blind Person

https://communityjournal.net/tag/wrongful-conviction/

However, new evidence — in the form of a 2013 discrimination lawsuit — shows that Saffold suffered from glaucoma, a disease that made him legally blind. He was also found to be receiving disability benefits about 10 years before the shooting, more proving his visual impairment. During the trial, Saffold was asked if his diabetes affected his vision, in which he initially answered yes and then quickly changed his answer.

Harris’ attorney, Jodi Garvey, claimed that Saffold’s testimony should be tossed out due to his inconsistencies. She wrote in a July court filing, “Considering the fact that Mr. Saffold is admittedly legally blind, a matter he denied during his testimony, his identification is worthless.”

Aside from that, Garvey said a surveillance video showed a man on the scooter, presumably Saffold, approaching the gas station after the shooting and after the gunman left which would contradict Saffold’s testimony that he saw the incident and he bumped into the gunman. Garvey said the surveillance video wasn’t presented at the trial.

Another eye-witness, Jodie Toney, who was working at the gas station at that time said that Harris was not the gunman. He said the lead detectives on the case, Isaac Lambert and Devinn Jones, told him beforehand to point to Harris in the lineup but he refused. He did not also spot the actual shooter on the lineup. He wasn’t contacted to testify to the case.

Moreover, Harris’ 41-year-old mother, Nakesha Harris, said his son was at home watching NBA with his father when the shooting occurred. No physical evidence was found linking Harris to the crime....

Innocent Until Proven Guilty? Well, That Depends

https://researchblog.duke.edu/2019/07/22/innocent-until-proven-guilty-well-that-depends/

a recent study conducted at Duke University finds that jurors assessment of guilt is less reliant on the type of evidence and more on the severity of the crime. Mock jurors in the study were more likely to find someone charged with murder guilty than someone charged with robbery.... It may be that jurors use moral and emotional responses to various crimes as reasoning for the decisions they make regarding the defendant’s guilt.... It appeared that the more threat or outrage they felt toward crime type, the more likely they were to find the defendant guilty. ... Notably for jurors, crime type highly influenced their perception of confidence in guilt. The study showed a positive correlation between personal, emotional, and moral biases and “adjudicative bias,’ or the likelihood of conviction. And while jurors did show more of a trend in this finding, practicing lawyers and prosecutors also exhibited a crime-type bias correlation with the seriousness of crime, ... The study’s results model how punishment, outrage, and threat are almost entirely dependent on crime effect and crime scenario. This indicates that despite how much evidence was presented, crime type alone influenced jurors decisions to charge someone as guilty of that crime more frequently. ...

Study finds jail before trial doubles incarceration chances in Oregon

https://www.oregonlive.com/crime/2019/07/study-finds-jail-before-trial-doubles-incarceration-chances-in-oregon.html

Defendants detained in Oregon jails were more than twice as likely to be incarcerated as part of their sentence compared to those released before court proceedings began, according to a study presented in May.... The study also found that defendants who spent long periods in jail before trial faced a greater likelihood of receiving incarceration as a part of their sentence. The findings are consistent with other states’ findings.... For instance, some defendants may pose a flight risk. Some may have a mental health crisis and need to stay under supervision. Some people simply cannot post bail.... Certain charges, such as domestic violence, can automatically keep a defendant in jail....

The study also found a defendant was more likely to be incarcerated after their 30th day in jail. Some other studies suggest defendants are more likely to agree to a plea deal after a month in jail so they can leave quicker, likely through probation or time served, the report said....

“When you start to see how who stays in and who gets out relates to prison (populations), it really sets up a pretty bad picture of wealth being an important aspect of whether or not you’re going end up going to prison,”

The right to counsel in rural America is often a right without a remedy

https://www.theatlantic.com/politics/archive/2019/07/man-who-had-no-lawyer/593470

Yet since 2008, urban jail populations have shrunk dramatically, while rural ones continue to rise; the highest incarceration rates are now in rural counties, whereas 20 years ago, they were in urban ones. “This dynamic has profound national implications because it means that people in an enormous swath of the country are being left behind,” Christian Henrichson, research director for the Vera Institute’s Center on Sentencing and Corrections, told me.

Some of this can be attributed to the use of jails as a moneymaker for rural places with few other industries. Government agencies, such as the U.S. Department of Agriculture, provide money for counties to build jails as a form of economic stimulus. Counties, in turn, build bigger jails. The space is used in part to house state or federal inmates in exchange for “rent.” Vera and other organizations have pointed out that jail construction isn’t a fail-safe path to economic development, especially because if jails close due to unconstitutionally poor conditions, the county is left footing the bill, which can bankrupt local governments.

But many of these rural jails house a large number of local defendants who are awaiting trial, as Keene was. According to Vera, while urban pretrial populations began to level off and then decline in the early 2000s, those populations kept growing in rural counties, eventually eclipsing urban ones. In 2013, rural counties had 265 pretrial detainees per 100,000 people, almost one-third higher than the urban rate....

While it is well known that public defenders’ caseloads are untenably high in jurisdictions nationwide, prompting lawsuits, the situation is particularly dire in largely rural states such as Louisiana. These so-called legal deserts may have only one or two defense attorneys, who are usually near retirement with no one to take their place. In Mississippi, defendants routinely wait up to a year to even get assigned counsel. In Minnesota, counties can span hundreds of miles and court may sit only twice a month, requiring staff and lawyers to drive an hour each way....

they shouldn’t be kept in jail indefinitely without adequate representation simply because appropriate lawyers weren’t, and would perhaps never be, available....

Wrongful Conviction Day

https://innocencecanada.com/wrongful-conviction-day

Wrongful Conviction Day was launched by the Association in Defence of the Wrongly Convicted (AIDWYC) now Innocence Canada on October 2, 2014. Every year organizations, schools, businesses and individuals representing countries from around the world are involved in raising awareness concerning wrongful convictions....

While Wrongful Conviction Day takes place on October 2nd of every year, awareness and fundraising events take place throughout the entire month of October.

SLAVE AUCTIONS IN GHANA REQUIRE EVIDENCE WHICH IS WHY A LOW PROSECUTION RATE THERE FOR FALSE DV ACCUSATIONS.

IN THE UNITED SLAVES THAT IS NOT THE CASE. IN THE USA NIGGAZ ARE FORCED TO PLEAD GUILTY TO THE FALSE CHARGES TO BECOME WRONGFULLY CONVICTED SLAVES FOR THE USA...

Low prosecutions in domestic violence cases due to insufficient evidence

https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Low-prosecutions-in-domestic-violence-cases-due-to-insufficient-evidence-DOVVSU-Prosecutor-775983

A prosecutor with the Domestic Violence and Victims Support Unit, Inspector Ohene Asiedu says the inability of victims of domestic violence to protect useful evidence is a key factor hampering the rate in successfully prosecution of cases his outfit handles.

Speaking during a discussion centred on combating domestic violence in Accra, Inspector Asiedu said various factors account for the very low success rates in the country presently.

According to the Inspector, making a case for prosecuting domestic violence cases rely heavily on the availability of evidence. He said victims of domestic violence mostly turn-up to their outfit with vital evidence either destroyed or tampered with.

“Most of the time people are not able to protect the evidence and we work according to the law. If you want to prosecute you need more evidence to back up your case, most people come and they don’t have evidence...

How police and jails are misused to respond to social problems

https://www.prisonpolicy.org/reports/repeatarrests.html

federal survey, finding that at least 4.9 million people are arrested and jailed each year, and at least one in 4 of those individuals are booked into jail more than once during the same year. ...Most people arrested multiple times don’t pose a serious public safety risk. The vast majority (88%) of people who were arrested and jailed multiple times had not been arrested for a serious violent offense in the past year....

In addition to social and economic factors, our analysis also shows that people who are arrested and booked more than once per year often have underlying health issues, many of which can lead to police contact. Our finding that people with multiple arrests have low rates of violence but serious medical and mental health needs gives new urgency to the growing concerns that jails have become “the de facto mental health care system in many communities,” and that police are often used to respond to medical and mental health problems, not to matters of public safety....

Unnecessary arrests cost cities and counties millions of dollars but do nothing to fix the underlying medical, economic, and social problems. ...

NATIVE BORN AMERICANS ARE THE MOST LIKELY TO BE ARRESTED NEARLY TWICE AS OFTEN AS "ILLEGAL" IMMIGRANTS, AND ALMOST TWO AND A HALF TIMES MORE OFTEN THAN LEGAL IMMIGRANTS. ARE IMMIGRANTS GIVEN IMMUNITY STATUS BY SLAVE PATROL WHEREAS USA SLAVES ARE BEING HARRASSED AND WRONGFULLY CONVICTED? THE FUNNY PART IS "ILLEGAL" IMMIGRANT IS PROOF OF THE IMMUNITY GIVEN TO THE IMMIGRANTS. WHY?

DO THE SPINELESS GUBMINT PIMPS FEAR BEING ACCUSED OF BEING RACISTS SO THEY EXTERMINATE THEIR OWN PEOPLE TO PROVE THEY ARE NOT RACISTS?

Criminal Immigrants in Texas in 2017: Illegal Immigrant Conviction Rates and Arrest Rates for Homicide, Sex Crimes, Larceny, and Other Crimes

https://www.cato.org/publications/immigration-research-policy-brief/criminal-immigrants-texas-2017-illegal-immigrant

There were 23,450,456 native-born Americans, 1,810,892 illegal immigrants, and 3,043,248 legal immigrants living in Texas in 2017.11 In that year, native-born Americans made up about 82.9 percent of the Texas population, illegal immigrants made up about 6.4 percent of the population, and legal immigrants made up about 10.8 percent. The DPS data that this brief analyzes are for all individuals arrested and convicted in 2017, regardless of the year in which the crime was committed....

In 2017 in Texas, 399,155 native-born Americans, 16,275 illegal immigrants, and 18,235 legal immigrants were convicted of crimes. Thus, 1,702 natives were convicted for every 100,000 natives, 899 illegal immigrants for every 100,000 illegal immigrants, and 599 legal immigrants for every 100,000 legal immigrants (Figure 1). As a percentage of their respective subpopulations, illegal immigrants were over 47 percent less likely to be convicted of a crime than native-born Americans. Legal immigrants were about 65 percent less likely to be convicted of a crime than native-born Americans....

In 2017, Texas police arrested 663,579 natives, 27,998 illegal immigrants, and 36,245 legal immigrants. For every 100,000 people in each subpopulation, 2,830 native-born Americans, 1,546 illegal immigrants, and 1,191 legal immigrants were arrested. The arrest rate for illegal immigrants was 45 percent below that of native-born Americans. The arrest rate for legal immigrants was 58 percent below that of native-born Americans. Per 100,000 people in their respective subpopulations, there were more arrests of natives...

WILL YOU PLEEZE DONATE YOUR JURY PAY TO DV HOLOCAUST VICTIMS PUT IN GAS CHAMBER? WILL YOU PLEEZE WRONGFULLY CONVICT JOHN SLAVE BECUZ HE PUT HIS HO IN GAS CHAMBER? ...

Soliciting donations from jurors can bias criminal court verdicts

https://www.washingtonexaminer.com/opinion/op-eds/soliciting-donations-from-jurors-can-bias-criminal-court-verdicts

Since 1995, the Texas legislature has required courts to provide all jurors with the opportunity to donate their pay to the state’s crime victims fund. Administered by the Texas attorney general, this fund pays expenses of victims of violent crime. Today, Texas jurors also must have the option to donate to funds for child welfare, for victims of domestic violence and more. Other states follow Texas’ example. Maryland’s “Generous Jurors Program” gives jurors in some counties the option to donate their pay to services for foster and children’s programs. In Florida, courts can allow jurors to donate their pay to guardian ad litem programs and domestic violence shelters. In Nevada, juror donations can go to government agencies that help abused and neglected children....In our new study, we showed that priming jurors with a well-intentioned donation opportunity before judging others guilty or not guilty, is also biasing jurors’ assessments of guilt or innocence....

LIARS ARE THE #1 CAUSE OF WRONGFUL CONVICTIONS: LYING COPS AND PROSECUTORS. INADEQUATE DEFENSE LYING TO THE INNOCENT ACCUSED. LYING WITNESS AND LYING CRIMINALS PLAYING VICTIM FALSELY ACCUSING. LYING JAILHOUSE SNITCH. LYING LAB TECHS AND LYING EXPERT WITNESS. AND EVEN THE INNOCENT WHO IS FORCED TO FALSELY CONFESS AND FALSLEY PLEAD GUILTY.

AMERICA #1 FUKN LIARS.

Lying Prisoners: New Laws Crack Down on Jailhouse Informants

https://www.usnews.com/news/us/articles/2019-09-14/lying-prisoners-new-laws-crack-down-on-jailhouse-informants

A movement to put jailhouse informants under a more powerful microscope before they testify is gaining traction around the country, a byproduct of new DNA testing technology that has exonerated dozens of people wrongly locked up based on informants' lies. Several states have moved to toughen regulations on the use of such informants, whose credibility has always been an issue because they're motived to get their sentences reduced.... "Jailhouse informant testimony is one of the leading factors in wrongful convictions." Of the 365 people exonerated nationwide by DNA evidence, nearly one in five were convicted based in part on lying informants,...

Can God’s signature be forged?

https://www.deccanchronicle.com/nation/current-affairs/160919/can-gods-signature-be-forged.html

The DNA testing concluded that Sutton might have been an attacker but excluded his friend as the lab results found the semen sample recovered from the backseat of the car matching with the profile of Sutton and another unknown man. Despite the victim identifying both the boys, the police put only Sutton to trial. During the prosecution, a lab technician deposed that DNA found on the victim was a precise match of Sutton. Court awarded Sutton a 25-year sentence for the offence of rape, although he asserted his innocence during the trial that he did not commit the crime. Sutton's requests for an independent DNA test met with rejection from the authorities, but an independent investigation of the police crime laboratory unveiled the truth. Fast forward to 2004; court exonerated Josiah Sutton after serving four and a half years of a 25-year sentence. Sutton’s conviction had stemmed from erroneous identification and faulty scientific testing conducted by the Houston police laboratory....

Such contentions are ominous and misleading because humans perform DNA tests, and they can make errors while conducting tests. There are several instances where DNA evidence has resulted in erroneous incriminations and false convictions. Authorities have reported false incriminations because of faulty DNA testing, inadvertent or an accidental transfer of cellular material or DNA from one sample to another, as well as coincidental DNA profile matches between different people, errors in identification or labelling of specimens, misinterpretation of test results, and purposeful planting of biological evidence...

DNA technology of late has become more sensitive, turning it into a double-edged sword as it can now detect and analyse DNA from samples comprising only 16 cells. But because of the touch-transfer properties of DNA, deducing how those cells arrive at the surface on which they are found is impossible. Small amounts of touch-transferred DNA have placed people at locations they had never before visited and implicated people for crimes, they did not commit.

Someone whose DNA is available at the crime scene could have got deposited before the crime took place or after the commission of the crime. There is also the possibility of DNA entering the scene by a process called secondary transfer, where the DNA of a person could get disseminated to another person who could carry it and leave behind at the stage. Detection of DNA that came by contamination and DNA that came by secondary transfer has become possible baffling investigations. If we don't train the forensic and legal experts to deduce forensic evidence, it could grossly lead to a miscarriage of justice....

Another difficulty with DNA is that people slough DNA at different rates. We find DNA in bodily fluids, such as blood, semen, and saliva, but we also lose microscopic pieces of skin and hair regularly....One cause of false DNA matches is because of the cross-contamination of samples. Random transfer of cellular material or DNA from one sample to another is a serious problem in laboratories leading to false reports of a DNA match between samples that emanated from different people....Also, finding out the time when the DNA might have got inserted and the time since when the DNA has got plopped is an enormous problem. ...

Seventy-three labs out of the 108 labs didn't get it right; They found suspect DNA to be part of the mix when in fact it was not. We therefore leave too much to the discretion of the labs. We should not oversell DNA evidence. Courts should take the standards of the lab into reference before considering DNA evidence. Misuse of DNA leads to a miscarriage of justice...

Criminals have become smarter and have learnt the art of evading crime control technologies. Criminals have now learnt to plant biological evidence. Deliberate planting of DNA may cause a substantial risk of false incriminations. When such planting of DNA evidence takes place, will the police be able to uncover it? Will the courts believe that a defendant is innocent when there is a DNA match?...

It is a known fact that people whose profile is in DNA database are at a higher risk of incriminations than other citizens of being falsely linked to a crime. Today, DNA singly is no longer considered being an adequate proof that a particular person certainly committed a crime. It’s often used as supporting evidence, and the days of DNA being a “smoking gun” or “bullet proof “ are already over.

WRONGFUL CONVICTION CAUSES PTSD AND OTHER PSYCHOLOGICAL AND EMOTIONAL PROBLEMS, INCLUDING SUBSTANCE ABUSE AND SUICIDE...

Annette Hewins death: Wrongful conviction 'took toll on health'

https://www.bbc.com/news/uk-wales-49727873

The son of a woman who was wrongly convicted of starting a fatal fire said the miscarriage of justice had "taken its toll" on her mental heath, an inquest has heard.

Annette Hewins, 51, was jailed in 1997 for the deaths of Diane Jones and her two daughters in Merthyr Tydfil in 1995. Her conviction was quashed in 1999.

She died in February 2017 less than 24 hours after being detained in a mental health unit, a court was told. Ms Hewins started using heroin in jail and had mental health issues, a jury at Pontypridd Coroner's Court heard. She served 18 months of a 13-year prison sentence following the deaths of 21-year-old Diane Jones, Shauna, two, and Sarah-Jane, 13 months, before she was released. Her son Nathan Hewins told the inquest "following the miscarriage of justice, everything had taken its toll on her". He said concerns about his mother's mental health increased in the months before she died....

DIRTY COPS, DIRTY COURTS. PROFESSIONAL CRIMINALS WITH IMMUNITY...

When Prosecutors Bury Police Lies

https://theappeal.org/prosecutors-police-lies/

Court records and interviews with former prosecutors show that internal assessments of police dishonesty are rarely memorialized, potentially violating the rights of people charged in criminal cases and sometimes keeping the records of bad cops clean....

Stengel says prosecutors with the DA’s office are engaged in a cover up. He argues they had to know about Nikqi’s credibility, since they dropped a gun case right after video of Turnbull’s arrest surfaced. “The behavior of police Officer Nikqi exposed the Bronx DA’s office practice of sweeping police officers with credibility problems under the rug,” he said. “Who knows what’s under the rug, but I have a feeling it’s really ugly.”

A WNYC investigation in partnership with The Appeal has found that prosecutors in all five boroughs consistently fail to document similar signs of officer dishonesty....

Former prosecutors say that internal assessments of dishonesty are rarely memorialized. And even when clear credibility findings regarding officers are made by judges, several recent cases suggest prosecutors fail to consistently track and disclose these records. In other cases, prosecutors even went out of their way to keep an officer’s record clean, despite an extensively documented history of lying.

“If it’s something that can be swept under the rug, then you know dismiss the case, and move forward,” said one former Bronx prosecutor, who left the office in 2017 and requested anonymity citing fears of professional reprisal. “And that’s what happened in cases I’ve had that had those issues. It was kinda just, you know, let’s dismiss these cases and move forward.”...

As WNYC has previously reported, New York City DAs have quietly developed officer credibility databases based on lawsuits and findings from judges and police review agencies. But through pleas, dismissals, or other means, most cases end before officers have to testify and judicial credibility findings can be made. Consequently, prosecutors are often the actors in the criminal legal system who have the most direct information on police lying. But their internal assessments usually remain behind closed office doors.

The problem of prosecutors ignoring or burying indications of police perjury has existed for decades, according to Larry Cunningham, a former Bronx prosecutor who is currently an associate dean at the St. John’s University School of Law. Cunningham has studied how prosecutors deal with police perjury—or “testilying,” in police jargon—for 20 years. ...

"someone is wrongly convicted and sentenced to die for every three executions the state carries out"...

Death row exonerees deliver letter to governor's office to block execution of Vietnam vet

https://www.tallahassee.com/story/news/politics/2019/10/22/death-row-exonerees-want-gov-desantis-save-james-daileys-life/4061032002/

The four petitioners — Seth Penalver, Juan Melendez, Clemente Aguirre and Herman Lindsey — had lived with Dailey on death row at the Florida State Prison in Raiford. They said his case is eerily similar to theirs: convictions based on no physical evidence, and testimony from jailhouse informants that would later be recanted....

Penalver notes that Florida leads the nation in wrongful convictions in capital cases. He said the numbers indicate that someone is wrongly convicted and sentenced to die for every three executions the state carries out....

#1 CAUSE OF WRONGFUL CONVICTIONS IS THE PLEA BARGAIN SYSTEM WHERE THE INNOCENT ARE FORCED TO PLEAD GUILTY TO CRIME HE DID NOT DO FOR LACK OF FAITH IN THE CORRUPT LEGAL PROCESS OF A SLAVE AUCTION...

The good and bad economics of plea bargains

http://altoday.com/archives/31183-daniel-sutter-the-good-and-bad-economics-of-plea-bargains

Our criminal justice system extensively employs pleas; 97 percent of criminal convictions result from such bargains.... trials are rare. Plea bargains make economic sense because trials are costly. Trials require courtrooms, lawyers, judges, court reporters, bailiffs and juries. Witnesses must come to court to testify. A guilty plea saves these costs....

Actual guilt or innocence is secondary in the bargaining model to the likelihood of conviction at trial. While we might hope that innocent defendants always get acquitted, wrongful convictions happen, especially with overworked and underfunded public defenders. An innocent person should consider a deal if they look guilty enough. Emotions, not logic, might explain an innocent person’s refusal to plead guilty. We must move past the fantasy that only a guilty person would ever plead guilty....

Plea bargains enable incarceration on the American scale, with over 2.3 million persons behind bars as of 2016. ...Another negative of plea bargaining is adding charges to encourage a deal. ... Finally, pervasive plea bargaining might undermine the quality of criminal evidence generally. Cross-examination uncovers mistakes, lies, and bogus theories, but only at trial. If over 90 percent of convictions come from pleas, the evidence need only be strong enough to induce a deal, not to withstand cross-examination. ... Weak evidence also increases the likelihood of innocent people being accused and forced to plead guilty...

CASS COUNTY NORTH DAKOTA IS THE SAME WAY. THE FALSELY ACCUSED GET A FREE COURT APPOINTED LIEYER WHO DOESNT MEET HIS CLIENT UNTIL COURT MONTHS LATER WHO THEN SAYS COME BACK IN ABOUT A YEAR FOR TRIAL AS THE FALSELY ACCUSED WAITS IN JAIL FOR A YEAR FOR THE FAST AND SPEEDY SLAVE AUCTION, OR IS HOMELESS BECUZ RESTRAINING ORDER WONT LET HIM BACK IN HIS OWN HOME. SO THE SLAVE PLEADS GUILTY TO END THE TYRANNY AND TORTURE IN THE SLAVE AUCTION. HE THEN GETS A BILL FOR THOUSANDS TO PAY THE SLAVE AUCTION, AND THE FREE LIEYER FEE OF $500 TO $1000 WHO DID NOTHING AT ALL BUT SAY "How often are you going to meet with your client?”. AFTER THE WRONGFULLY CONVICTED SLAVE PAYS ALL THE FEES HE GETS A LIFE OF LOST RIGHTS, AND A CRIMINAL RECORD, AND HE IS INNOCENT....

Potter County Criminal Defense System Is Lambasted in a New Report

https://www.texasobserver.org/potter-county-criminal-defense-system-is-lambasted-in-a-new-report

The report found that jailers give legal advice to defendants; that court-appointed attorneys rarely meet with their clients; and indigent defendants are left with the bill for legal costs. Even prosecutors find the system icky—one told the report’s authors that it’s “fraught with perils” for defendants. “It’s a worst-of-the-worst system,” said Jeff Blackburn, an Amarillo defense attorney who founded the Texas Innocence Project in 2006. “It’s a deliberate and systematic violation; they’ve created a system they know is illegal.”...

Defendants who request a court-appointed lawyer in Potter County (and qualify financially) sometimes don’t fare any better. The report’s authors found that attorneys don’t meet with their clients in jail and rarely apprise them of developments in their cases. ...

Sometimes the lawyers don’t show up at the plea meetings at all, the report says. One defendant who had waited at the courthouse for six hours was told his lawyer had already left for the day. A few others told the report’s authors they’d never spoken to their lawyers.

Defense attorneys say this is because of the payment structure for representing the indigent: Lawyers get a flat fee for the appointment, regardless of how much work they do or how successful they are in representing their clients. One attorney, noting that they only get paid $400 or $500 for a misdemeanor case, told the report’s authors, “How often are you going to meet with your client?”...

After finally being wrung through the legal system in Potter County, indigent defendants are then sometimes ordered to pay back the costs for the court-appointed counsel. It’s not immediately clear why judges are imposing costs on defendants who couldn’t afford an attorney in the first place, but their money is stacking up in the county’s coffers. From fiscal year 2014 to 2018, Potter County recouped $1.2 million from indigent defendants....

TO THE VICTIM GO THE SPOILS.

MARSYS LAW, AKA. VICTIMS RIGHTS, USURPS THE BILL OF RIGHTS GIVING ABSOLUTE POWERS TO ANY ACTUAL CRIMINAL PLAYING VICTIM WHO FALSELY ACCUSES ANOTHER OF A CRIME HE DID NOT DO. THIS LAW IS PROOF OF INFALLIBLE STUPIDITY OF THE AMERICAN VOTER, AND THE CORRUPT NATURE OF LAW MAKERS...

Voters approve Marsy’s Law, but courts must decide if it’s legal

https://www.pennlive.com/opinion/2019/11/voters-approve-marsys-law-but-courts-must-decide-if-its-legal-pennlive-editorial.html

Tuesday’s elections brought some surprises in parts of Pennsylvania but also some questions about the messages voters were sending. But they spoke clearly on one issue: voters want to see the rights of crime victims strengthened with an amendment to the Pennsylvania constitution.

But what the voters want will not be the final word. Monday, the Pennsylvania Supreme Court ruled the election results on Marsy’s law can’t be certified or even officially tabulated -- not until the challengers to the law have the opportunity to fully litigate the issues before a judge....

Several states have approved Marsy’s Law, and the measure received bipartisan support from Pennsylvania lawmakers. Pennsylvania voters approved the measure by 74 percent, despite well-publicized concerns from at least two respected organizations that warned it would hurt the rights of people accused of crimes....But the ACLU and the League of Women Voters say the proposal as written would deny people accused of crimes fundamental rights that would impact their ability to defend themselves....

SLAVE PATROL SOLVES THOUSANDS OF CASES SIMPLY BY TELLING THE GUILTY HE IS GUILTY THEN TELLING THE GUILTY HOW HE DID HIS CRIMES, THEN FORCES THE GUILTY TO FALSELY CONFESS AND PLEAD GUILTY 95% TO 99% OF ALL CASES.

PROBLEM IS MANY OF THE GUILTY ARE ACTUALLY INNOCENT...

He was America's most deadly serial killer – but it was all a lie

https://www.theguardian.com/tv-and-radio/2019/dec/05/the-confession-killer-netflix-henry-lee-lucas-robert-keener-taki-oldham

In the mid-1980s, Henry Lee Lucas was a star – at least in the context of America’s exploding fascination with serial killers. The subject of anxious news features and four feature films, Lucas confessed to murdering hundreds of people – at first 100, then 200, then about 600. An odd-jobs drifter with three teeth and a lazy eye, Lucas would recall, often on camera, precise and grisly details about each victim. Police officers from across the country interviewed him for more than 3,000 murder cases, to much fanfare; at least 200 cases were attributed to him, closing them to further investigation and making Lucas the country’s most prolific serial killer. Except that it was all a lie, one spun through a toxic brew of people-pleasing, power, and convenience on the part of law enforcement...

Forty years on, it’s difficult to know the exact number of cases falsely attributed to Lucas, who was far more pathological liar than serial killer. But there are “certainly dozens of cases where either killers are walking free because they’re still credited to Lucas, or dozens more cases that were never properly reinvestigated because it was credited to Lucas”... A respected Rangers department, led by the imposing Sheriff Jim Boutwell, drawing widespread acclaim for “catching” a prolific serial killer. A tragic pattern of unsolved murders, almost all of women, left underinvestigated or ignored. A symbiotic relationship between the Rangers, various investigators and Lucas that ran on easily obtained, low-evidence confessions (the series openly suggests the Rangers fed Lucas information on several cases he confessed to, and Lucas was clearly amenable to the desires of whoever he was talking to), milkshakes and mutual goodwill. Case closed....

Some of that corrective work is already being done, thanks to advances in DNA technology since Lucas confessed to a spree of killings in the late 1970s that even circumstantial evidence suggests would be almost impossible (as the veteran Lucas journalist Hugh Aynesworth points out in one episode, Lucas would have crisscrossed 11,000 miles across the country on no sleep for his supposed murders in October 1978 alone). ...

“We met with a lot of victims’ family members,” said Kenner. “They’re still in pain – they want to know what happened to their loved ones. Some of them thought Lucas had been the killer, and now some have found out he wasn’t and they’re feeling betrayed.”...

MORE PROOF THE LEGAL SYSTEM IS CORRUPT. IT DISCRIMINATES AGAINST NON-BLACK PEOPLE.

NEARLY HALF OF THE "EXONEREES" ARE BLACK FROM A RACE THAT MAKE UP 13% OF THE USA POPULATION.

PUT ANOTHER WAY, OF 100 USA PEOPLE: 13 ARE BLACK, 24 WHITE NONHISPANIC, 26 WHITE HISPANIC, 10 ASIAN+HYBRIDS.

THIS BASED ON INACCURATE GUBMINT CENSUS TAKING WHERE MOST OF THE USA SLAVES DO NOT EVEN KNOW WHAT RACE THEY ACTUALLY ARE. OR THAT MANY ARE A MIX OF BOTH BLACK AND WHITE BUT ARE LISTED SOLEY AS WHITE OR BLACK WHICH SCEWS ACCURACY.

NOW FROM THE 13 BLACKS IN THE USA 47 OF 100 PEOPLE EXONERATED ARE BLACKS.

THIS MEANS BLACKS ARE GETTING MORE HELP, AND ARE FAVORED OVER ALL OTHER GROUPS TO OVERTURN THEIR CONVICTIONS AND ULTIMATELY BE FREE THAN ANY OTHER GROUP IN THE USA....

Black people ARE more likely to be wrongly convicted

https://livingstonledger.com/black-people-are-more-likely-to-be-wrongly-convicted/

Nearly half of people "exonerated" for crimes they did not commit are African-American, a new report has found – strengthening claims of discrimination in the justice system....

The registry found that 47 per cent of 1,900 people wrongly convicted were black, despite African-Americans making up just 13 per cent of the US population....

And it continued: ‘Most wrongful convictions are never discovered. We have no direct measure of the number of all convictions of innocent murder defendants, but our best estimate suggests that they outnumber those we know about many times over. ...

USA: 13% BLACK, 24% WHITE NON-HISPANIC, 26% WHITE HISPANIC, 10% ASIAN+HYBRIDS. ...

US white population declines and Generation ‘Z-Plus’ is minority white, census shows

https://www.brookings.edu/blog/the-avenue/2018/06/21/us-white-population-declines-and-generation-z-plus-is-minority-white-census-shows/?gclid=EAIaIQobChMItOTpqdG85gIVDvDACh2azgjBEAAYASAAEgLNxvD_BwE

Generation Z-Plus, is the first truly minority white generation, at 49.6 percent white, where 26 percent of its members are Hispanics, 13.6 percent African-Americans, and nearly 10 percent include Asians and persons of two or more races....

QUESTION, WHY ARE NIGGER SLAVES IN THE USA FAVORED MORE THAN NON NIGGER SLAVES?

ANSWER, BECUZ NIGGER SLAVES ARE WORTH MORE AT THE SLAVE AUCTION. WHITE SLAVES ARE CHEAP AND PRACTICALLY WORTHLESS...

Ever wondered how so many mulatto's came to be? It's because the masters wanted to increase their profits. The negroes brought more money at the slave auction, while white slaves were cheap. So the masters bred the negroes with the white slaves to produce mulatto slaves which increased the masters profits. Whites are almost worthless ...

The Irish Slave Trade –

The Forgotten “White” Slaves

http://www.globalresearch.ca/the-irish-slave-trade-the-forgotten-white-slaves/31076

By the mid 1600s, the Irish were the main slaves sold to Antigua and Montserrat. At that time, 70% of the total population of Montserrat were Irish slaves. Ireland quickly became the biggest source of human livestock for English merchants. The majority of the early slaves to the New World were actually white.

From 1641 to 1652, over 500,000 Irish were killed by the English and another 300,000 were sold as slaves. Ireland’s population fell from about 1,500,000 to 600,000 in one single decade. Families were ripped apart as the British did not allow Irish dads to take their wives and children with them across the Atlantic. This led to a helpless population of homeless women and children. Britain’s solution was to auction them off as well.

During the 1650s, over 100,000 Irish children between the ages of 10 and 14 were taken from their parents and sold as slaves in the West Indies, Virginia and New England. In this decade, 52,000 Irish (mostly women and children) were sold to Barbados and Virginia. Another 30,000 Irish men and women were also transported and sold to the highest bidder. In 1656, Cromwell ordered that 2000 Irish children be taken to Jamaica and sold as slaves to English settlers.

African slaves were very expensive during the late 1600s (50 Sterling). Irish slaves came cheap (no more than 5 Sterling). If a planter whipped or branded or beat an Irish slave to death, it was never a crime....

(in many cases, girls as young as 12) to increase their market share: The settlers began to breed Irish women and girls with African men to produce slaves with a distinct complexion. These new “mulatto” slaves brought a higher price than Irish livestock and, likewise, enabled the settlers to save money rather than purchase new African slaves. This practice of interbreeding Irish females with African men went on for several decades and was so widespread that, in 1681, legislation was passed “forbidding the practice of mating Irish slave women to African slave men for the purpose of producing slaves for sale.” In short, it was stopped only because it interfered with the profits of a large slave transport company.

How well-intentioned privacy laws can contribute to wrongful convictions

https://www.brookings.edu/blog/techtank/2020/02/11/how-well-intentioned-privacy-laws-can-contribute-to-wrongful-convictions/

In 2019, an innocent man was jailed in New York City after the complaining witness showed police screenshots of harassing text messages and recordings of threatening voicemails that the man allegedly sent in violation of a protective order. The man’s Legal Aid Society defense attorney subpoenaed records from SpoofCard, a company that lets people send text messages and make calls that appear to originate from someone else’s phone number. After the records showed that the complaining witness had sent the messages and voicemails to herself, the district attorney’s office dismissed the case and the suspect was freed. Importantly, the exculpatory data was generated not by the suspect’s own use of digital services, but rather by the use of digital services by the complaining witness. If a data privacy law had blocked the attorney’s subpoena, the suspect might remain wrongfully incarcerated today....some recently proposed data privacy laws risk making it more difficult for wrongly accused defendants to obtain exculpatory digital records....

As a result, proposed privacy legislation generally heightens the obligations on the companies that control our data to strictly limit its dissemination. But some of these laws contain special exceptions that enable access by law enforcement—without similar exceptions for access by defense investigators. This creates a fundamental asymmetry. While law enforcement can compel the production of data that can help establish guilt, a defendant will have a much harder time compelling the production of data that establish innocence. To see why this is the case, it’s helpful to take a step back and briefly look at the criminal justice system more broadly....As a result, it is often easier for prosecutors to deploy state power to search for and seize data than it is for defense attorneys to use subpoenas to access the same data....

Why do we believe that these sorts of imbalances will be harmful? Because past privacy legislation has inadvertently interfered with defense attorneys’ duty to investigate and has threatened accuracy and fairness in criminal investigations. A prominent example is the Stored Communications Act of 1986, which permits law enforcement to compel technology companies to disclose the contents of a broad array of online communications, including social media postings and e-mail messages. No such access is granted to defendants, who find themselves without sufficient legal authority to obtain the digital records that could help exonerate them....

TRUMPS VIEWS ON MEDIA: IT IS CORRUPT AND DISHONEST...

"As everybody knows, my family, our great country and your president have been put through a terrible ordeal by some very dishonest and corrupt people," Trump said. "They have done everything possible to destroy us and by so doing, very badly hurt our nation. They know what they are doing is wrong, but they put themselves far ahead of our great country."...

“Coming together is much harder when we have dishonest journalists,” Trump said....

At Thursday’s coronavirus press briefing, Trump smeared The New York Times, The Wall Street Journal, and The Washington Post. “They’re very dishonest,” Trump claimed....

“It amazes me when I read the things that I read,” Trump said Thursday. “It amazes me when I read The Wall Street Journal which is so negative and The New York Times, I barely read it. We don’t distribute it in the White House, and the same with The Washington Post.”...

White House’s daily coronavirus task force briefing

Trump, White House Coronavirus Task Force Holds News Conference

https://www.youtube.com/watch?v=_E0I3mtF1BQ

1:40:00 ConCast 1:48:00 Fake News 1:49:00 Dishonest journalists

1:55:00 Sec. Pompeo: its a Russian China Iran Plot/Disinformation of false data/false info 2:03:00 Pompeo admits frustation with usa media is inaccurate wildly multiple occasions

Trump campaign blasts media for 'massively dishonest' claim POTUS called coronavirus a 'hoax'

https://www.foxnews.com/media/trump-campaign-media-coronavirus-hoax

The Trump campaign is denouncing media coverage of the president's Thursday rally, arguing that they falsely accused him of calling the coronavirus a "hoax."

A long list of major media outlets and figures made that claim. "Trump rallies his base to treat coronavirus as a hoax," a Politico headline read. Another from NBC read: "Trump calls coronavirus Democrats' 'new hoax.'" Similar headlines appeared in The Guardian, Talking Points Memo and in a video for NBC's "Today."

"This is massively dishonest," tweeted Tim Murtaugh, director of communications for Trump's campaign. He was responding to a tweet claiming a local outlet said Trump called the virus a "hoax." The tweet from the outlet has since been deleted.

"Trump says the media’s hysteria-inducing coverage of the government response is the hoax, not the virus itself. Willful and malicious dishonesty," Murtaugh said....

Frozen-in-Place Courts Worry Defense Lawyers

https://thecrimereport.org/2020/04/08/frozen-in-place-courts-worry-defense-lawyers

People presumed innocent sit locked up in disease-prone jails with no idea when their trials will take place, not when court houses are closed and juries can’t be seated for fear of spreading the coronavirus.... Still, the outbreak has compelled criminal defense attorneys around the country to adjust daily to a justice system that’s nearly ground to a halt. That has created new concerns, such as the possibility that innocent clients may look to cut plea deals if it helps them avoid plague-ridden prison terms.... Even attorneys’ ability to meet with the clients in custody to prepare for upcoming court appearances is threatened by steps taken by courts across the country to contain the contagion....

“It is hard to see jury trials happening under current circumstances.” That means trials—or, perhaps more importantly, in a system where so few cases go to trial, the possibility of trials—are all but guaranteed to stall for the foreseeable future. “For those charged with violent crimes or who otherwise cannot be released, delays in hearings and trial proceedings will lead to significant backup that will likely take months to get through,” said Cadwalader’s Moreno, a former federal prosecutor. Defendants held pretrial are “in the worst position,”... Not having trials “is a big deal,” she said, “because people are going to be pushed into pleas so that they can just get through the court system.” That’s happened before, she said, but now “it’s going to be worse.”...

“The Innocence Files” on Netflix: Freeing frame-up victims from prison

https://www.wsws.org/en/articles/2020/04/27/inno-a27.html

In regard to the latter phenomenon, the Prison Policy Initiative pointed out in March that the American criminal justice system currently holds “almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories.” Imprisoning human beings is a thriving industry in the US, a society afflicted by vast social misery and inequality. The great socialist Rosa Luxemburg wrote that all crimes, “as all punishments, are indeed always rooted ultimately in the economic conditions of society.”...

The documentary series points to three major causes of wrongful conviction: the use of flawed forensic evidence, such as the pseudo-science of “bite marks”; the misuse of eyewitness identification; and prosecutorial misconduct.... The Evidence, The Witness and The Prosecution—demonstrates that wrongful convictions are widespread and “systemic,” ... The Innocence Project has helped free more than 2,500 wrongfully convicted people in the US over the past three decades. Some 3,000 inmates write to the organization annually, and at any given time the Project is evaluating 6,000 to 8,000 potential cases. And all this, most likely, is only the tip of the iceberg....

the fallibility of witness testimony when it is subject to manipulation by corrupt police and law enforcement.... “In the area of prosecutorial misconduct, we’re looking at some pretty nasty players. People who are sworn to uphold the law and do justice who really wanted to win at any cost....

IN NORTH DAKOTA IF A SLAVE YELLS WHITE POWER IT IS REPORTED AS A HATE CRIME BUT, IS NOT CHARGED OUT AS A CRIME. IN NORTH DAKOTA IF A SLAVE WHISPERS NIGGER HE WILL BE CHARGED WITH A CRIME.

IN NORTH DAKOTA IF SLAVE PATROL, OR A MASTA SHOOTS A NIGGER IT IS NOT A CRIME. IN NORTH DAKOTA IF A NIGGER IS WRONGFULLY CONVICTED IN A NORTH DAKOTA SLAVE AUCTION IT IS NOT A CRIME. THE REASON IS BECUZ IN NORTH DAKOTA SLAVES AINT GOTZ NO RIGHTS. IN NORTH DAKOTA ONLY MASTAS, GUBMINT PIMPS, AND LAW OFFICIALS HAB RIGHTS...

Port: Grand Forks cops decided some offensive speech was a crime, and that's wrong

https://www.inforum.com/opinion/6486340-Port-Grand-Forks-cops-decided-some-offensive-speech-was-a-crime-and-thats-wrong

Yelling from the top of your home is idiotic. Yelling "white power" adds an extra dimension of stupidity, all the more so because there were African American children nearby who heard these dim bulbs shouting their inanities....Here's where we run into a problem: The Grand Forks Police Department has decided to classify this incident as a hate crime. Grand Forks Police Chief Mark Nelson explained it this way to the Grand Forks Herald: "No crime has been charged out, but it is an integral part of a report...

For one, no actual criminal charges have been filed. How can you have a crime without a charge? For another, we shouldn't be classifying the content of even deeply offensive and stupid speech as criminal....Racist speech is still speech, and it has First Amendment protections....This incident, which received zero scrutiny in a court of law, will be counted as a "hate crime" in statistics used to inform public policy debate in North Dakota and across the nation. That's a problem, not least because it undermines the integrity of crime statistics....

IF A USA SLAVE WAVES TO SLAVE PATROL THE OFFICER WILL SAY THE SLAVE FLIPPED HIM OFF THEN ARREST HIM, OR SHOOT HIM THEN SAY THE SLAVE REACHED FOR HIS WAIST, AND I THOUGHT HE WAS WAVING A GUN. IF THE SLAVE SURVIVES HE WILL BE FORCED TO PLEAD GUILTY TO A CHARGE OF NO CRIME. BUT SOME SLAVES WILL APPEAL AND SOME SLAVE AUCTIONS WILL AGREE WITH A SLAVE BUT, THAT IS EXTREMELY RARE AS MOST SLAVE AUCTIONS SIDE WITH THEIR THUGS...

N. Carolina court: Middle finger didn't warrant traffic stop

https://apnews.com/e6baef79a607bfd5081b70363367db03

RALEIGH, N.C. (AP) — A state trooper’s decision to stop a driver who flashed an obscene hand gesture wasn’t justified, the North Carolina Supreme Court ruled Friday, overturning lower court decisions. The justices ruled unanimously that the evidence showed Trooper Paul Stevens lacked reasonable suspicion to pull over Shawn Patrick Ellis for disorderly conduct on a Stanly County road in January 2017. ...

Ellis’ back-and-forth waving motion with his hand outside the window turned into a pumping up-and-down motion with his middle finger, court documents say. ...“The mere fact that defendant’s gesture changed from waving to ‘flipping the bird’ is insufficient to conclude defendant’s conduct was likely to cause a breach of the peace,” ...

An arm of the American Civil Liberties Union in North Carolina filed a brief siding with Ellis, saying that raising the middle finger is protected speech. The case “is a textbook example of how public officials criminalize dissent and criticism,” ACLU attorney Irena Como wrote.

How Defendants End Up Pleading Guilty to Nonexistent Crimes

https://slate.com/news-and-politics/2020/06/fictional-pleas-collateral-consequences-criminal-justice-reform.html

“Fictional pleas” can benefit the accused, the prosecutor, and the judge—but at what cost?... The result is an entire shadow justice system unaccountable to facts and truth. ... A fictional plea is a plea of “guilty” to a crime that the defendant did not actually commit, for the purposes of avoiding a particular collateral consequence... [SOME ARE GUILTY OF SOME CRIME BUT, MANY ARE COMPLETELY INNOCENT, AND MANY ARE ACTUALLY THE VICTIMS OF THE CRIMES THEY ARE CHARGED WITH.]

Fictional pleas are pervasive. Every defense attorney I talk to says they happen so much they just call them pleas. It’s not even worth naming. They’re the norm, not the exception.

A different type of fictional plea is defendants pleading guilty to nonexistent crimes—crimes for which they could not be convicted in front of a jury because the crime doesn’t exist. It does not exist in the statute book....

Fictional pleas yield happy judges, prosecutors, and many defendants don’t have to carry the burden of lifetime punishments. What’s the cost, then? Current fictional pleas become future truth. There’s no way to say in the future, “That wasn’t really what I did.” That becomes the truth of what you did and what you committed, and it follows you wherever you go if you’re the defendant. And if you’re a prosecutor or a judge or a legislator or a citizen, you should have no trust at all that the criminal justice system is giving you an accurate picture of crime in your community. You can’t trust the official record to be a record of the truth. We’re in a moment where we are turning to data to make decisions about the criminal justice system. If we don’t have any sense that a conviction corresponds to truth, then how can we rely on that data to make decisions about the system and about how to reform the system? ...

JURIES MUST BE TOLD THAT ALL NIGGERS LOOK ALIKE TO WHITE PEOPLE.

RACIAL INEQUALITIES EXIST IN THE LEGAL SYSTEM: NEARLY HALF OF ALL EXONERATIONS IN 2017 WERE BLACK ALTHOUGH BLACKS ARE ONLY 13% OF THE USA POPULATION.

THIS INDICATES THAT 1) BLACKS GET MORE LEGAL HELP TO OVERTURN THEIR WRONGFUL CONVICTIONS COMPARED TO WHITES. AND 2) 13% BLACK POPULATION IS A CENSUS FRAUD DATA FROM SELF REPORTING RACE BY USA SLAVES WHO DONT KNOW THEIR RACE, OR WHO ARE MIXED RACE BASTARDS WHICH FALSIFIES THE DATA, OR ARE A RACE THEY DONT IDENTIFY WITH BASED ON CURRENT CENSUS SELECTION CHOICES ...

‘Tired, Frustrated And Mad': Wrongly Convicted Man Speaks Out On Justice System

https://www.nbcsandiego.com/news/local/tired-frustrated-and-mad-wrongly-convicted-man-speaks-out-on-justice-system/2350379/

In light of widespread protests for racial equality, a man who spent more than 18 years in prison for a crime he did not commit is using his personal story to underscore racial inequities within the justice system. “We want to be able to step into a courtroom and know that we’re being represented equally and not being intimidated,” said Guy Miles, who now lives in Arlington, Texas, a free man at age 55 following his wrongful conviction nearly two decades ago. In June 1998, three men robbed a loan office in Fullerton. Despite numerous witnesses placing Miles in Las Vegas, he was identified in a photo lineup as the suspect by two witnesses who made cross-racial identifications, when the witness and the person being identified are of different racial backgrounds. Miles was sentenced to 75-years to life. The state appeals court reversed the conviction in 2017, finding the result of the trial would have been different had the jury considered new evidence, according to the California Innocence Project, which helped secure his release.

“There’s no doubt the color of his skin impacted his conviction,” said Justin Brooks, attorney and founder of the California Innocence Project. “We need to recognize that race impacts identifications in a profound way. We need to instruct jurors as to that. We need to educate judges to that, and the general public, so when they look at cross-racial identifications, they start thinking, maybe this isn’t correct,” said Brooks. According to a 2017 report in the National Registry of Exonerations, African Americans made up 13% of the population, yet 47% of those exonerated were Black....

ACCORDING TO U.S. CENSUS DATA WHERE MOST OF U.S. SLAVES DONT EVEN KNOW THEIR ACTUAL RACE:

USA = 13% BLACK. 24% WHITE NON-HISPANIC. 26% WHITE HISPANIC. 10% ASIAN & HYBRIDS.

MOST USA NIGGERS DONT EVEN KNOW IF THEY ARE BLACK NIGGERS OR WHITE NIGGERS SO HOW DOES THE DATA KNOW WHO IS NIGGER AND WHO AINT?

MANY NIGGERS DONT EVEN KNOW THEY ARE PART WHITE NIGGER, AND MANY DONT KNOW THEY ARE BLACK NIGGER. MOST NIGGERS AINT 100% NIGGER. MOST NIGGERS ARE PART NIGGER AND PART NIGGER. SOME PART BLACK, PART WHITE, PART LATRINO, PART INJUN, AND/OR PART MONKEY. SO IT IS UNSURE HOW THE DATA FIGURES WHEN A NIGGER IS BLACK OR WHITE. WHEN IS A NIGGER REPORTED AS BLACK? WHEN HE IS 10% BLACK, 90% BLACK, OR ANYTHING OVER 0% BLACK? WHAT AMOUNT OF BASTARD BLOOD COUNTS AS BLACK? WHAT IF A NIGGER IS 50% BLACK AND 50% WHITE THEN HOW DOES THE DATA COUNT THE NIGGER, BLACK OR WHITE? WHEN IS A NIGGER REPORTED AS WHITE? ...

US white population declines and Generation ‘Z-Plus’ is minority white, census shows

https://www.brookings.edu/blog/the-avenue/2018/06/21/us-white-population-declines-and-generation-z-plus-is-minority-white-census-shows/?gclid=EAIaIQobChMItOTpqdG85gIVDvDACh2azgjBEAAYASAAEgLNxvD_BwE

Generation Z-Plus, is the first truly minority white generation, at 49.6 percent white, where 26 percent of its members are Hispanics, 13.6 percent African-Americans, and nearly 10 percent include Asians and persons of two or more races....

The Case of a Man With Two Sets of DNA Raises More Questions

https://www.nytimes.com/2019/12/12/science/chimera-bone-marrow-dna-semen.html

Four years after the lifesaving procedure, all the DNA in the patient’s semen had been replaced by that of his donor. This came as a surprise to forensic scientists at the Washoe County Sheriff’s Department in Reno, Nev., studying the case.

They presented their findings at an international forensics conference to highlight how a bone marrow transplant could, theoretically, confuse an investigation. Members of law enforcement tend to assume that when a suspect or victim leaves behind DNA, it’s the DNA they were born with, not the DNA of a bone marrow donor who lives thousands of miles away. Semen and sperm are different. A man who has a vasectomy still produces semen. That spermless semen, which may also be referred to as seminal fluid, is still of interest to forensic scientists. That’s because it could be used to identify a suspect in a crime or contribute other information to an investigation....

“Because he had a vasectomy,” he said, “all that’s left is the white cells.”...the analysts were detecting the donor’s DNA in white blood cells.... “Since all white blood cells come from the bone marrow donor after a bone marrow transplant, it will not be a surprise that ejaculate containing white blood cells will also be of the donor.” ...

State and Federal Governments Need to Overhaul Their Broken Public Defender Systems

https://www.davisvanguard.org/2020/08/looking-back-state-and-federal-governments-need-to-overhaul-their-broken-public-defender-systems/

The problem of inadequate legal representation occurs throughout the country, including New York. I was wrongfully convicted and spent many years in prison for a rape and murder which I did not commit. My conviction was the result of widespread misconduct by police, prosecutors, and so-called forensic experts. In addition, however, I was the victim of a criminal defense attorney who did not do his job, so that I know, first-hand, the problems of inadequate defense counsel....

According to The Innocence Project’s website, “A review of convictions overturned by DNA testing reveals a trail of sleeping, drunk, incompetent and overburdened defense attorneys, at the trial level and on appeal. And this is only the tip of the iceberg. Innocent defendants are convicted or plead guilty in this country with less than adequate defense representation. In some of the worst cases, lawyers have: slept in the courtroom during the trial; been disbarred shortly after finishing a death penalty case; failed to investigate alibis; failed to call or consult experts on forensic issues; and failed to show up for hearings.

It’s not shocking to learn that many of the 218 DNA exonerees were represented by public defenders at trial. They were all innocent, but they all lost.... It wasn’t always the lawyer’s fault, of course. In many cases a talented defense attorney did all he or she could to represent their innocent client, but lost to a broken system that convicts the innocent based on flawed evidence....

“… judges handpicking defense attorneys; lawyers appointed to cases for which they are unqualified; defenders meeting clients on the eve of trial and holding non-confidential discussions in public courtroom corridors; attorneys failing to identify obvious conflicts of interest; failure of defenders to properly prepare for trials or sentencings; attorneys violating their ethical canons by not zealously advocating for clients; inadequate compensation for those appointed to defend the accused …” ...

It is impossible to know how many cases have been affected by ineffective assistance of counsel. Firstly, many cannot find attorneys to work on their cases without compensation. Secondly, the legal standard by which courts review ‘ineffective assistance of counsel claims’ places such a high bar to be overcome that, in many instances, appellate attorneys avoid such issues. ...

Sleeping during court proceedings, failing to object to critical errors of law, conflicts of interest, and other circumstances mentioned above, were not enough for appellate courts to rule that a defendant did not receive effective representation. The causes for such rulings, in part, are due to court’s refusal to function as neutral arbiters; instead seeing themselves as a part of law enforcement whose job is to ‘protect the public’ and therefore to sustain convictions by any means possible. Additionally, judges are lawyers, after all, who are familiar with the attorneys in question from their previous practice and may be unwilling to step on their toes....

The federal and state public defender system is in a shambles....Unfortunately, it is not a popular cause, the seeking of funding for public defenders, because the public perception is that it is wasting money to help criminals. Yet, not everybody that is arrested is guilty, and without an even playing field, it throws the accuracy of every verdict and the outcome of every case, potentially into question....

USA #1 LIARS. LIARS LISTEN TO LIES KNOW THE LIARS BECUZ THEY ARE EXPERT LIARS LEARN MORE ABOUT LIARS BUT THATS A LIE TOO....

The Junk Science Cops Use to Decide You’re Lying

https://theintercept.com/2020/08/12/blueleaks-law-enforcement-police-lie-detection

The training session was billed as “cutting edge,” and dozens of law enforcement professionals signed up to learn about “New Tools for Detecting Deception” from a human lie detector who calls herself “Eyes for Lies.” Her real name is Renee Ellory, and she claims that she’s one of just 50 people identified by scientists as having the ability to spot deception “with exceptional accuracy.”

A flyer for the event, hosted by Wisconsin’s High Intensity Drug Trafficking Area — a federal program that supports law enforcement drug interdiction work — was included among a trove of law enforcement documents that were hacked and posted online in June under the title BlueLeaks. The promo copy leans heavily into Ellory’s skill at ferreting out deception in others. She is “exceptional at pinpointing a liar and can tell you why she doesn’t trust someone on the spot,” it reads. Training participants would learn how to “identify anger, contempt, and disgust before words are even spoken.” Course objectives were broad: Learn to differentiate between “real” and “fake emotional displays”; “recognize hidden emotions”; identify the “ways our subconscious brain leaks information when we lie”; “analyze body language that indicates deception”; gain tips to use when interviewing a psychopath; “identify the key features of expressions that reveal danger for you!”

Participants spanned the law enforcement spectrum and included the chief of a small police department, corrections officers, university cops, state troopers, various members of the Milwaukee Police Department as well as individuals from the U.S. Probation Office and the FBI. In surveys filled out after the training, which took place in November 2015, the common complaint was that there weren’t enough structured breaks; as one participant put it, “the mind can only absorb what the buttocks can tolerate.” But otherwise, a majority of the 82 respondents gave the training high marks. Participants wrote that they would incorporate what they’d learned into their police work. A number of them said the most valuable thing they learned was “the seven universal facial expressions that all people have all over the world as a good indicator” of lying, as one trainee put it.

It might seem reassuring that so many law enforcement officers found a skills training so valuable. But not in this case. That’s because Ellory’s lie detection training is based what many psychologists say are largely discredited theories, if not simply junk science. “It’s completely bogus,” said Jeff Kukucka, an assistant professor of psychology and law at Towson University who studies forensic confirmation bias, interrogations, and false confessions. “And what’s maybe more alarming about it … is that this isn’t new. We’ve known for quite a while that this stuff doesn’t work, but it’s still being peddled as if it does.”...

INJUSTICE ANYWHERE

http://www.injusticeanywhere.net/

3 Ways Lack of Police Accountability Contributes to Wrongful Convictions

https://www.innocenceproject.org/lack-of-police-accountability-contributes-to-wrongful-conviction/

The system, as it currently stands, has built more protections for guilty police officers than it has for its innocent citizens — and in many instances, the criminal justice system has actually produced incentives and tools that make innocent people more vulnerable to wrongful conviction....

In addition to technologies and databases that develop suspects using unscientific and questionable inputs, policing policies encourage volume-based policing — like the use of quotas — which encourage more arrests and convictions, regardless of guilt or innocence.... Nearly half of state public crime labs in the country are funded, at least partially, based on the number of convictions they produce rather than the number of forensic tests performed.

Meanwhile, prosecutors are incentivized to load up charges and employ the threat of the “trial penalty” — the possibility of being given a harsher sentence at trial than the sentence offered for a guilty plea — to secure a conviction. This tactic can lead to the coercion of guilty pleas from defendants, guilty and innocent.

Because of this, innocent people plead guilty to crimes they didn’t commit more often than one might expect. More than 10% of the nation’s convictions proven to be wrongful by DNA evidence involved a guilty plea. DNA-based exonerations only tend to reveal the innocence of people convicted of the most serious, violent crimes like rape and murder, where DNA is most likely to be left behind. But the rate of guilty pleas of the innocent is likely much higher for lower level crimes, including misdemeanors, because the consequences of pleading guilty to a crime, even if you didn’t commit it are less severe. Faced with the choice of remaining in detention while fighting to clear your name or striking a deal and going home, why wouldn’t an innocent person plead guilty to a misdemeanor?...

Several states are incentivized to fill prison beds because of contractual agreements with private prison companies that require them to pay a set price regardless of whether beds are filled or not....Due process should apply to all, but it has been modified to favor those who have sworn to serve and protect the public, even when that vow is broken. ...

Law enforcement officers’ “Bill of Rights” laws add several layers of privilege on top of the normal presumption of innocence that a normal citizen accused of a crime might enjoy.....And if an accused officer is threatened with punishment, anything he says following that threat cannot be used against him. Conversely, law enforcement is legally permitted to use deception during the interrogations of citizens, which can lead to coerced confessions....

This imbalance diminishes the average citizen’s ability to enjoy a presumption of innocence. To correct this, we must not only reform systems of accountability for law enforcement misconduct, but we must also dismantle the vast systems that entrap the innocent.

NOT ALL SLAVE AUCTIONEERS ARE CRIMINAL INTENT. SOME ARE JUST MENTALLY OFF...

NY Judge's Alzheimer's Diagnosis Forces Retirement, Leads to Judgment Questions

https://www.nbcnewyork.com/news/local/ny-judges-alzheimers-diagnosis-forces-retirement-leading-to-questions-of-impaired-judgment/2574439/

Legal questions are being raised after a New York state criminal court justice was forced to retire early because of her Alzheimer’s diagnosis. The state is asking if Judge ShawnDya Simpson's declining mental state impaired her judgment in court decisions, including a wrongful conviction case. Last August, a packed Brooklyn courtroom watched in shock as Judge Simpson abruptly left the bench after announcing she would not overturn the murder conviction of Nelson Cruz. "Every time she issues a decision, she gets the facts wrong," said Cruz's attorney Justin Bonus. "For the past four years, she's consistently issued decisions where the facts are patently wrong. Not a little bit wrong, patently wrong."...

Gov. Brown pardons convicted man with help of Oregon Innocence Project

https://katu.com/news/local/gov-brown-pardons-convicted-man-with-help-of-oregon-innocence-project

He spent six years in prison. The Oregon Innocence Project has been working on Bain's case for the past five years after the complaining witness recanted her story in 2015. They said since then, she has steadfastly maintained the crime never took place.

This case has many of the characteristics seen in wrongful conviction cases around the country. For example, 84% of wrongful convictions for child sex abuse documented by the National Registry of Exonerations involve false accusations and/or perjury...

EXONERATIONS: Part IV - Misconduct in Interrogations – A Legal Gray Area

https://www.davisvanguard.org/2020/09/exonerations-part-iv-misconduct-in-interrogations-a-legal-gray-area/

(This is the fourth in an 11-part series by The Vanguard reporting on a study of exonerations...)

When interrogating suspects, law enforcement officials tend to resort to deceit or manipulation in order to extract a confession. However, these practices are not necessarily considered impermissible by the court.... these practices run a great risk of resulting in a false confession.... The Supreme Court developed a doctrine which established interrogation misconduct as “police behavior that is so “coercive” that it makes a confession involuntary.” ... The three most common forms of misconduct included: violence, sham plea bargaining, and threats to third parties,... Sham plea bargaining is another form of interrogation misconduct, performed when officials lie about the law...Lies considered as misconduct may include pretending that the accused may obtain a more lenient sentence or offering freedom in exchange for a confession. The power to decide whether to prosecute and the basis for those charges’ rests solely in the power of the prosecutor, not the police. Lying about their own legal authority is within lying about the law and impermissible to the courts.... eight percent of cases with false confessions were a result of the exoneree falsely confessing after an officer threatened to arrest a member of the exoneree’s family....

there are many permissible interrogation practices that produce false confessions.

These practices include lying about the investigation, making promises and threats that are not categorically prohibited, feeding details of the crime to the suspect, and interrogating a juvenile with no parent present.... Lying about the investigation is routinely permitted and not considered equivalent to lying about the law. ... A very common form of permitted interrogation practice is feeding the suspects the details of the crime....This is problematic for the defendant when in court because they are aware of details the court and jury commonly assume only the criminal would be aware of....

EXONERATIONS: Part V – Fabricated Evidence: Forensic Deception, Planted Evidence and Forged Confessions

https://www.davisvanguard.org/2020/09/exonerations-part-v-fabricated-evidence-forensic-deception-planted-evidence-and-forged-confessions/

(This is the fifth in an 11-part series by The Vanguard reporting on a study of exonerations...)

Conducting a criminal trial depends heavily on law enforcement officers as primary sources, through written reports or verbal testimonies – but perjury often plays a large part in wrongful convictions of the innocent,... The researchers note tht in almost 10 percent of exonerations, law enforcement officials were found to have lied about their personal observations, while about three percent intentionally planted fake evidence or knowingly withheld potentially vindicating evidence....

egregious behavior usually consisted of planting illegal substances on innocent individuals...Gross et. al. makes a salient point in delineating just how difficult it is to prove that false evidence has been planted...illegal drug distribution is most prevalent by arresting individuals with fake evidence or even framing individuals for selling illegal substances when the officers themselves are in reality selling seized drugs.

Furthermore, finding out the truth about smaller details, such as, whether or not an officer is lying about where he found a weapon or the exact quantity of drugs, is nearly impossible to trace....

false confessions are present in 12 percent of exonerations in the Registry. Evidently, instances where defendants confess to crimes they did not commit and were fabricated by police officers were never able to be verified because they were never recorded to begin with. The researchers said 70 percent of instances with forged confessions were found to have included the threat of or actual physical violence.... one quarter of these convictions were found to be a result of distorted and, in some cases, entirely fictitious evidence. Such misconduct is difficult to detect, but is telling of the corruption that exists within the criminal justice system.

Looking Back: Never Again – PART 2

https://www.davisvanguard.org/2020/09/looking-back-never-again-part-2/

Simply put, DNA test results are always, and in every case, relevant because they go right to the matter of whether a defendant is the source of the testable material. DNA proves innocence, and it proves guilt. Defendants are cleared because of DNA, often with the prosecution agreeing, and defendants are prosecuted and convicted based on DNA. Therefore a DNA test is always relevant, and can get to the truth in every case where there is a sample to test. There should not be a door open for a district attorney to argue, or for a judge to rule, that a DNA test would not have made a difference, because such a ruling would be absurd. Yet, one day an innocent defendant could be denied an opportunity to prove his or her innocence that way by a court ruling not allowing testing to go forward. History shows that courts everywhere do not necessarily always do what is right or fair. Why leave the door open for an injustice to take place this way? Let’s close that door that permits a wrongful conviction to be preserved....

The Quality of Public Defenders Must Be Raised, Maintained, and Monitored. Those Lawyers Who Are Not Competent Must Be Removed ...

There needs to be a limit on the amount of cases that Public Defenders are given at one time ...

At present, district attorneys have big budgets and a big staff to fully investigate, explore, and develop a case. They can get experts to perform various tests. Whereas public defenders have small budgets and small staffs. In order to get an expert witness they must first request it from the court, which often denies their requests. It is only discretionary on the part of the courts. A district attorney need not rely on obtaining a discretionary ruling to get funds for an expert. On such an uneven playing field, how can any confidence be placed in the outcome?

Currently the poor are not accorded mandatory representation on post-conviction motions to set aside the verdict, which in legalese are called 440 motions. Those with money, who can afford it, are able to have paid lawyers represent them in such motions, put together arguments, have investigators reinvestigate to look for new evidence etc. in an effort to try to establish innocence. The poor, on the other hand, being unable to afford such legal services on their own or through family members or friends, are not provided them by the state. This essentially leaves the wrongfully convicted with no means to investigate and no lawyer to file the legal papers....

All Criminal Cases Which Are On Appeal Should Be Automatically Reviewed By The Court Of Appeals. The way the system is currently set up, criminal defendants only have a right to have their case reviewed by one State Court, the Appellate Division. In order to have his or her case reviewed by the Court Of Appeals, a prisoner must first obtain permission from that court. Often requests are turned down. In my case, I was denied permission even though I was arguing my innocence based on the DNA and Hair, and the horrendous conditions under which the “confession” was obtained. The court said, “There was no merit in law to review the case.”...

The Appellate Division. The first appeal. This is a state court. Appeals to this Court are as a matter of right. Rearguement motions can be made to this Court after losing a decision, but this is up to the Court to decide whether to grant the motion and reconsider the case or not. In my case they ruled 5-0 against me, claiming that evidence against me was “overwhelming” even though there was no evidence other than the coerced, false confession, with the DNA and hairs not matching. Then I filed a reaguement motion asking them to reconsider their decision, arguing that it was at odds with the facts and the law. The court decided not to grant the motion.... What is apparent from my judicial history and this layout is that more mandatory review is needed....

My case, along with so many others in New York, involving people who have been wrongfully convicted and yet whose appeals all failed them, demonstrates a need for an additional review mechanism wholly apart from the court system. As our cases show, the courts all failed to give us justice. The power of the pardon by the Governor is in no way a sufficient remedy since pardoning on the grounds of innocence is normally done only under the most extraordinary circumstances, and politically is a very risky act, especially for those who plan to run again. We need a review mechanism made up of wrongful conviction experts....

Withholding of Exculpatory Evidence Should Be A Crime... There Needs To Be A Better Evidence Preservation System; Failure to Preserve Evidence either Pre-Trial or Post Trial Should Be Automatic Grounds For Dismissal Of The Indictment....

NEARLY 1 IN 4 EXONERATIONS PROVED THAT PROSECUTORS AND SLAVE PATROL ARE LIARS AND COMMIT PERJURY AT THE SLAVE AUCTION. OUTSIDE OF SLAVE AUCTION OFFICIAL MISCONDUCT ACCOUNTS FOR 3 IN 4 WRONGFUL CONVICTIONS MOSTLY SLAVE PATROL LIES, FALSE PO'LICE REPORTS, COERCE FALSE WITNESS TESTIMONY, FABRICATING LIES, ETC. THESE LAW ABIDING GOOD GUY CRIMINALS ARE COMMITING THESE CRIMES UNDER DIRECT SUPERVISION OF THE SLAVE AUCTIONEER, AND THE SLAVES INADEQUATE DEFENSE LIEYER...

EXONERATIONS: Part VII - Misconduct by Police and Prosecutors at Trial Cause of Wrongful Convictions

https://www.davisvanguard.org/2020/09/exonerations-part-vii-misconduct-by-police-and-prosecutors-at-trial-cause-of-wrongful-convictions/

(This is the sixth in an 11-part series by The Vanguard reporting on a study of exonerations)

About 23 percent of all exonerations involved official misconduct in court during the trial, particularly by law enforcement officers and prosecutors... the most common form of official misconduct at trial was perjury by law enforcement officers, which are usually police officers. During these incidents, police officers mostly lied about the conduct of the investigations or statements by other witnesses. For instance, police sometimes lied to make their own observations or conduct appear consistent with statements by other witnesses....The study researchers noted, however, that most police perjury concerned the conduct of investigations....Despite these known cases, data on police perjury is unfortunately limited because it’s usually hidden and often never comes to light....

One type of misconduct occurs when the prosecutor fails to disclose and correct false evidence by their own witness. In 1959, the Supreme Court held in Napue v. Illinois that a prosecutor has a constitutional obligation to correct perjury by a state witness even if they did not themselves offer the false testimony. Yet, prosecutors were reported to permit perjury to go uncorrected in eight percent of exonerations. In almost all of these cases, the prosecution also concealed exculpatory evidence.... Another type of misconduct by prosecutors during trial involves lying in court. This act occurred in four percent of exonerations, although the real rate might be higher.... many defense attorneys fail to object...Without an objection, it will be difficult to know that this sort of misconduct occurred....

EXONERATIONS: Part X – Discipline of Law Enforcement for Misconduct Nearly Nonexistent

https://www.davisvanguard.org/2020/09/exonerations-part-x-discipline-of-law-enforcement-for-misconduct-nearly-nonexistent/

(This is the 10th of an 11-part series by The Vanguard reporting on a study of exonerations)

out of the 1,295 cases in which officials were found to have engaged in misconduct that lead to a wrongful conviction of an innocent individual, only 17 percent faced some form of discipline. It was often found that when discipline for misconduct occurred, it was not in relation to any one case, but resulted after a pattern of misconduct was revealed to have spanned over the course of several cases, sometimes ranging over years....

Prosecutors were the least likely to face discipline for misconduct... While prosecutors were the least likely to face discipline, they were also the most likely to receive the most lenient form of punishment. In the cases where prosecutors were disciplined by their employers, two were fired, four resigned and five were demoted.... Only two prosecutors in the National Registry of Exonerations faced criminal charges. ...

Misconduct by prosecutors, police officers and forensic analysts stands out as an egregious crime, especially when coming from figures of authority. While instances of misconduct in these cases are difficult to detect, it is also very unlikely that discipline for such misconduct is imposed, if ever.

October 2nd is Wrongful Conviction Day.

October 10th is World Day Against the Death Penalty.

https://www.witnesstoinnocence.org/wcd-wdadp2020

Looking Back: Never Again – Part 3

https://www.davisvanguard.org/2020/10/looking-back-never-again-part-3/

Eyewitness Identification Testimony Reform. Identification Procedures Must Be Improved To Increase Their Reliability. Misidentification has been the leading cause of wrongful convictions. We must improve the reliability of identifications.... ‘Snitch Testimony’ Of Those Who Have Been Offered Incentives To Testify Should Not Be Allowed... Nationwide, such lying snitches account for 15% of wrongful convictions....

Wrongful convictions occur, and not all of them are corrected.... The Death Penalty Must Be Kept Out... The Parole Board Should Not Be Allowed To Deny Applicants Based Upon The Nature Of The Crime...Lastly, there are innocent people in prison who will never get out by being cleared. Not every case has DNA in it to test, and not everyone will be able to get legal representation. The only way such people will be able to get out of prison will be through parole. Therefore, we need to remove the impediment of being denied based on the nature of the crime.... The Parole Board Should Not Be Allowed To Deny Parole Based Upon Applicants Not Expressing Remorse. The reason for this is that this is an obstacle for those who are actually innocent, because they cannot meet this criteria.... It is a fiction to believe that anybody, whether professional or not, can say what anybody will do in the future, including a jury of their peers;...

LAW IS LEGAL AND POLITICAL PLUNDER USED TO STEAL FROM THE SLAVES, AND USURP POWERS TO THE MASTAS. THE CRIME OF EVERYTHING SUPPORTS GREEDY SLAVE AUCTION PROFESSIONS INCLUDING THE BAIL BOND SECTOR...

‘Unconscionable.’ How a surge in domestic violence is saving the bail bond industry

https://www.sacbee.com/news/politics-government/article246124355.html

Domestic violence is keeping the bail bond industry alive in Sacramento.

Roughly 42% of all of the people who bonded out of jail since April were released while facing at least one charge related to domestic violence.... Records show the bond industry in Sacramento County was barely affected by the pandemic or the cashless bail order. Bond companies fronted $87.4 million in the five months following the emergency order, more than was posted in the same period last year. In interviews, bond agents themselves said domestic violence cases helped backfill their ledgers. And in some months, the number of posted bonds actually increased compared to previous years, data shows....

‘Money out of family resources’: The most common way to post a bond and get released from jail is to work with bail bond companies that have agreements with the courts. If, for example, someone is arrested and a bond is set at $50,000, the person bailing them out typically needs to arrange to pay 10% to the bond company, or $5,000.

The money is nonrefundable, even if charges are later reduced or the case is dismissed....

“The bail industry didn’t see a decline like we thought we would see,” Padilla said. “I, unfortunately, think that’s due to an uptick in domestic violence and other crimes. People were getting desperate.”...domestic violence accounting for about 40% of cash bonds being linked to domestic violence. ...

LAW ABIDING GOOD GUYS ARE CONSCIENCELESS DENIERS OF RIGHTS WHO WRONGFULLY CONVCIT INNOCENT SLAVES TO COVER UP THEIR OWN CRIMINAL ASSES, AND TO MAKE THE STUPID PUBLIC THINK THEY ARE BEING PROTECTED.

BUT IN REALITY LAW IS A CRIMINAL PROTECTION RACKET RUN BY THE LAW ABIDING GOOD GUYS....

Looking Back: The Appeals Process Is Woefully Insufficient to Protect the Innocent – Part 1

https://www.davisvanguard.org/2020/10/looking-back-the-appeals-process-is-woefully-insufficient-to-protect-the-innocent-part1/

Often what goes on outside of courtrooms is as much a factor in how cases turn out as the arguments that go on inside of them. The press has the power to create an environment which may shift the tide of public opinion, which, in turn, often influences judges. When a case is sensationalized, the defendant’s presumption of innocence often flies out the window and articles are written not merely to report the facts or to give an analysis or pinion based upon an objective assessment, but rather, they frequently present he prosecution and police versions of vents as though they are gospel. At times this is exacerbated by defense attorneys who frequently decide not to counter prosecution and police statements. This extra-judicial environment becomes a part of the feel of a case, and often remains with a case throughout the appeals process.... prosecutors, to dig in their heels and protect a conviction at all costs;...

Appellate courts, at both the state and federal level, have long been in the practice of ‘rubber stamp denying’ meritorious appeals of the innocent, no matter what facts are in the defendant’s argument or legal arguments that are made. Nationwide, there have been 215 DNA exposed wrongful convictions, and in New York there have been 25. In almost every single one of those cases, the appeals process had long since run out for the defendants although they had been proven to be incorrect....

Despite its important function, the Appellate Division routinely abdicates its responsibility by rubber stamp denying many meritorious claims, thus damning the wrongfully convicted to continued incarceration, and flushing the rights of everybody down the drain.

The Appellate Division has, for the longest time, been extremely biased against defendants, and pro-prosecution. Rather than being the neutral arbiter that it is supposed to be, it has long been in the business of denying defendants’ appeals, rather than looking at the issues raised on the merits and ruling whichever way the law and the facts require....

This stems from two things: Many of the judges are themselves former prosecutors and tend to look upon every defendant as guilty, and arguments as mere technicalities that are irrelevant to that issue. Therefore, they must find a way to brush aside, and not act as the neutral arbiter that they are supposed to be, but instead they see themselves as a kind of law enforcement which is supposed to protect the public by not releasing “criminals.”...

the system is flawed and that not every defendant is guilty. Therefore, it is obvious that some innocent defendants will get caught up in the Court’s mentality. Issues of law are not mere technicalities, but instead are built-in safeguards designed to ensure that trials are fair...ultimately protect the Constitutional rights and right to a fair trial of all law-abiding citizens. If an individual defendant’s rights are trampled on and allowed to be by the Court, then this sets the stage for future defendants who are innocent to also have their rights trampled on....

Looking Back: The Appeals Process Is Woefully Insufficient to Protect the Innocent – Part II

https://www.davisvanguard.org/2020/10/looking-back-the-appeals-process-is-woefully-insufficient-to-protect-the-innocent-part-ii/

In my last article, I outlined the deficiencies in the State Court System in protecting the innocent. In this article, I will go into the Federal Court System. After a defendant has been denied by Their state’s highest court, they are no longer entitled to a lawyer if they cannot afford one. Unlike State Court, where a defendant is assigned an attorney to represent him if they cannot afford one, the defendant does not have a right to an attorney while challenging his conviction in Federal Court.... All too often it is often found that the wrongfully convicted have long ago had all of their appeals exhausted at the time they are ultimately proven innocent. Compounding these problems is the fact that the instinct of most courts is to deny motions and appeals brought by defendants pro se, (representing themselves)....

DPIC Analysis: Use or Threat of Death Penalty Implicated in 19 Exoneration Cases in 2019

https://deathpenaltyinfo.org/news/dpic-analysis-use-or-threat-of-death-penalty-implicated-in-19-exoneration-cases-in-2019

Prosecutors or police used or threatened to use the death penalty as a coercive tool that led to or extended the wrongful convictions of at least nineteen people who were exonerated in 2019, a Death Penalty Information Center analysis of data from the National Registry of Exonerations has revealed. Nearly 95% of those cases also involved some other form of major misconduct, the DPIC analysis found.....DPIC analysis found that Official Misconduct and/or Perjury or False Accusation was present in all but one of the wrongful incarcerations in which the death penalty was implicated....

“The numbers show that the death penalty has dangerous effects on the criminal justice system that go far beyond the already significant risk of executing innocent people,” said DPIC Executive Director Robert Dunham, who conducted the analysis. “Innocent people confess to crimes they didn’t commit to avoid the possibility of being executed. Suspects, both innocent and guilty, who are threatened with the death penalty if they do not cooperate with law enforcement provide false testimony that sends innocent people to jail, often for decades. The data suggest that the misuse of the death penalty as a coercive interrogation and plea-bargaining tool poses a far greater threat to the fair administration of the criminal laws than we had previously imagined.”...

CONVICTED FELON RUNS A LEGIT BUSINESS FOR PROFIT BECUZ HIS MASTAS IN GUBMINT PIMP WONT FUND HIM AS A NONPROFIT TO TEST LAW ABIDING GOOD GUY LANDLORDS FOR VIOLATIONS OF RIGHTS, AND LAWS. LAW ABIDING GOOD GUY HUD FORBIDS FELONS FROM TESTING HUD BECUZ BAD GUY MIGHT FIND OUT THAT LAW ABIDING GOOD GUYS ARE BREAKING LAWS....

Convicted felon says he’s fighting unfair housing. Landlords say he’s in it for the money.

https://www.sun-sentinel.com/business/fl-bz-new-fair-housing-organization-sues-landlords-who-reject-felons-20201031-bors52fmsje6hotjlyltbikcba-story.html

a convicted felon who served 10 years in prison, now sues property owners who say they refuse to rent to felons. Opponents say he's in it for the money. He says he's forcing landlords to follow the law......

Looking Back: DNA Nice Start but No Cure-All | Davis Vanguard

https://www.davisvanguard.org/2020/11/looking-back-dna-nice-start-but-no-cure-all/

DNA testing, however, is no panacea. First, DNA evidence is only available in 10% of all serious felony cases. The same systemic errors that cars wrongful convictions – false confessions, eyewitness misidentification, witnesses being given better plea-bargaining deals in exchange for testimony, bad lawyering, junk science and police misconduct – are present in non-DNA as well as DNA cases.... But what about those cases where there is no DNA test, or the wrongfully convicted, having scant Financial resources, is unavailable to obtain quality legal assistance?

Second, even if DNA is present, it is not a guarantee that someone will not be wrongfully convicted. I was convicted, for example, despite DNA showing that team and found in the victim did not match me. It was only when, 16 years later, through DNA Databank, I got lucky and the DNA match the real perpetrator. If his DNA had not been in the databank through his being incarcerated on an unrelated crime, I would still be in prison. Capital punishment poses a risk of executing innocent people. If I had been 18 years older rather than 16 when this crime happened – just two years older than what I was I have no doubt I would have received a death sentence....My appeals were exhausted in 2001, and I was not cleared until 2006. Conceivably, I would not have been alive to have been cleared....The system is run by human beings, and we all sometimes make mistakes...

IN USA TO BE FREED FROM A CRIME YOU DID NOT DO YOU MUST PLEAD GUILTY THAT YOU DID IT. THEN TO GET PAROLE FROM THE USA CONCENTRATION CAMP YOU MUST CONTINUE THE LIE THAT YOU DID IT AND PRETEND YOU HAVE REMORSE FOR THE CRIME YOU DID NOT DO, OR YOU WILL BE DENIED PAROLE IF YOU SPEAK THE TRUTH THAT YOU ARE INNOCENT...

Looking Back: Truth and Justice - The Innocent Prisoner’s Dilemna | Davis Vanguard

https://www.davisvanguard.org/2020/11/looking-back-truth-and-justice-the-innocent-prisoners-dilemna/

Parole is a discretionary release from prison after an inmate has served the minimum time to which he was sentenced and has appeared in front of a parole board, a panel generally consisting of three or more commissioners who have been appointed by the governor to make determinations of whether or not a prisoner would, if released, remain at liberty without breaking the law. Part of their evaluation depends upon whether or not the individual has been rehabilitated. Factors which are typically considered include the inmate’s disciplinary record, his vocational and educational accomplishments in prison, any letters of support, and any letters from the crime victim or surviving family members.

One factor which is not statutorily required, but which has become a de facto element in the process is whether or not the prisoner takes responsibility for their crime and expresses remorse. That element creates a catch 22 situation, labeled by Law Professor Daniel Medwed as “The Innocent Prisoner’s Dilemma.” Medwed, who is a law professor at the University of Utah, used to be the assistant director to the now defunct “second Look Program” at Brooklyn Law school, which sought to clear wrongfully convicted prisoners in non-DNA cases. The innocent prisoner, on the one hand, must maintain his innocence if he is to legitimately pursue every avenue of appeal and discovery potentially capable of reversing his wrongful conviction. On the other hand, if he maintains his innocence before the parole board, he is almost certainly going to be denied....

HERE'S A GUY GOT HIS HEAD SCREWED ON RIGHT...

Los Angeles’ new DA redefines what ‘people’s lawyer’ does (Q&A)

https://www.csmonitor.com/USA/Justice/2021/0125/Los-Angeles-new-DA-redefines-what-people-s-lawyer-does-Q-A

“As the people’s lawyer, we’re supposed to be protecting everybody – not only the victim that is here with you but also future victims as well as the person that is accused and the rest of our community,” he says in a Monitor interview. “We have a moral imperative to represent the entire community.”...

The emphasis on victims’ rights in recent decades has contributed to longer prison sentences. Are you trying to reset the balance in weighing the rights of defendants?

District attorneys are the people’s lawyers. We’re not the lawyer for one group over another. When we’re talking about victims, yes, we are there to represent the victim, but we’re not there to effect vengeance in the name of one victim.

So it’s really having that very deep conversation with yourself as a prosecutor and as an office, and understanding that we’re the people’s lawyers. That means the people, plural, not one single individual or one class of people. We’re impacting our entire community – including, frankly, the person who is being accused. We have a responsibility to that person as well as his or her family in the community.

That brings up something you mentioned during your swearing-in – your desire to “reinvigorate the presumption of innocence.” What do you mean by that?

The single-dimensional approach to quote-unquote “protecting the victim’s rights” often ignores our obligation to due process and the constitutional concept of presumed innocence. We often have thrown that out the door as prosecutors and basically said, “That’s not our work, that’s the work of the defense.” And we know that [public] defense in this country is thoroughly underfunded, and that’s why we have so many wrongful convictions.

We need to start thinking clearly that, as the people’s lawyer, we’re supposed to be protecting everybody – not only the victim that is here with you but also future victims as well as the person that is accused and the rest of our community. We have a moral imperative to represent the entire community.

The estimated cost of mass incarceration in the US exceeds $180 billion a year, and LA’s public protection budget is $9.3 billion. How might the reforms you’re pursuing reduce that spending?

The biggest problem in the criminal justice system is that most people only see the front-end costs – the budget of the DA’s office or the police department, which are high enough as they are. But what is often not seen are the downstream consequences of our work.

When the district attorney seeks to send someone to prison for five or 10 or 20 years, there are financial and resource costs for every year of that sentence. If you can fix the problem in five years but you send someone to prison for 15 or 20, what you’re doing is extending the financial impact. In a county like LA, you’re dealing with thousands and thousands of people – we have over 100,000 cases every year – and when you start sending thousands of people to prison, you are actually writing billion-dollar checks for future generations to pay....

El Dorado County District Attorney working to change interview methods that can lead to wrongful convictions

https://www.abc10.com/article/news/local/abc10-originals/el-dorado-county-district-attorney-leading-way-to-change-interview-methods-that-can-lead-to-wrongful-convictions/103-221304ea-82de-4149-8bb0-5c46993e53c0

Questionable interrogation tactics, stories changing, and an investigator motivating a confession by saying they knew what happened that night....

Darwin Crabtree of Magalia served time in prison for crimes he said never happened. In 1991, he was convicted of several charges of "continuous sexual abuse" and "lewd act upon a child" of his own children who were seven and 12 years old at the time.

According to a lawsuit, his children were getting counseling with a Butte County unlicensed therapist intern for family counseling after Crabtree’s divorce from his first wife. According to the civil complaint, that unlicensed therapist intern and an investigator wanted to turn Crabtree’s children against him by getting his children to say they were sexually abused under the pressure of repeated questioning.... In 2008, his kids who are now adults reunited with Crabtree and recanted what they said as children in a letter. They stated they listened to the taped interviews the D.A. investigator had with them and they were appalled by the unprofessionalism of questioning. Court documents described the interviews where the D.A. investigator used tactics to ensure Darwin’s conviction by getting the children to make false accusations against their father.,,,In 2018, with the help of the Northern California Innocence Project, a Butte County superior court judge overturned Crabtree's conviction...There have been other cases where false testimonies have led to wrongful convictions....

Lawyers who were ineligible to handle serious criminal charges were given thousands of these cases anyway

https://www.themainemonitor.org/lawyers-who-were-ineligible-to-handle-serious-criminal-charges-were-given-thousands-of-these-cases-anyway/

In the only state with no public defenders, people charged with murder and other serious crimes can get assigned attorneys who are legally ineligible to take on their cases. The state claims it was unaware.... scores of attorneys in Maine who represented clients when they did not have the training or experience required by state rules, according to an investigation by The Maine Monitor and ProPublica based on state records, court files and interviews. The news organizations identified at least 2,000 case assignments — ranging from murder cases to children charged with felonies — that had been handed off to ineligible lawyers over a period of five years. This means more than 1 of every 8 case assignments that required specialized representation was given to an attorney who was supposed to be ineligible to serve...

1/3 OF ALL EXONERATIONS NO CRIME HAD EVER OCCURRED. THEY WERE FABRICATED BY VENGEFUL AND/OR STUPID PEOPLE, AND BY PO'LICE UNINTENTIONAL AND INTENTIONAL....

AN ANALYSIS OF ISSUES AT PRE-TRIAL PROCEEDINGS LEADING TO WRONGFUL CONVICTIONS IN “NO CRIME” CASES: THERE WAS NO CRIME, BUT THEY DID THE TIME

http://www.albanylawreview.org/Articles/Vol82_3/843-An-Analysis-of-Issues-at-Pre-Trial-Proceedings.pdf

So far, more than a third of wrongful conviction cases and later exonerations were for a crime that did not take place. This illustrates the flaws of the criminal justice system:not only are those within the system blind to who is innocent and who is guilty, but they are also blind as to whether or not a crime occurred.... To date,there are 860 no crime cases out of 2,366 exonerations, which accounts for about 36%....

accidental deaths have been on the rise“and are currently the third leading cause of death behind heart disease and cancer.... police violate the law and coerce a false accusation from witnesses leading to a wrongful conviction, also known as official misconduct. To date, official misconduct is the second most common contributing factor, accounting for 52% of wrongful convictions that were later exonerated....

Suicide is another commonly misinterpreted death for a homicide. In 2016 “[s]uicide was the tenth leading cause of death” in the U.S....However, perpetrators may stage the crime scene as a suicide to overcome conviction, which can fool law enforcement from reporting the case as a homicide....experts becoming suspicious of all crime scenes and incorrectly reporting a suicide as a homicide—which has occurred in cases and led to wrongful convictions...

fabricated crime stands out from the others due to the fact that it is not mistakenly, but intentionally claimed, which results in wrongful convictions. One of the first elements of a fabricated crime is when a false report of a crime is filed to the police station....Just as in accidental and suicidal cases, official misconduct was also contributing in fabricated crime cases; only in this category, the police were found to be inventing crimes to charge innocent by standers and thereby wrongfully convicting them.... All the above-mentioned cases show how accessible it is to file a false crime report that can withstand the justice system and lead to a wrongful conviction. ...

When it comes to false crime reports, from this case sample, they were filed not just by police, but also by civilians (i.e., individuals, legal entities).... As a result, innocent people might be facing punishments, some of which are irreversible, where no crime was committed....

Opinion: NYC Needs a Better Process for Holding Prosecutors Accountable

https://citylimits.org/2021/05/26/opinion-nyc-needs-a-better-process-holding-prosecutors-accountable/

‘We must remove prosecutors as the gatekeepers to making right the wrongs they inflicted in the past. ’There is a growing consensus in New York City that we cannot expect the police to police themselves. Recently nearly all of the top-tier mayoral candidates committed to bringing in a commissioner from outside the NYPD for this reason. Meanwhile City Council and state legislators are working to remove final disciplinary authority away from the commissioner. There is also an understanding that prosecutors, because of their reliance on the police to prosecute cases, are unable to hold police accountable in any meaningful way. ...

Looking Back: Harmless Error – Is It Ever Really Harmless? | Davis Vanguard

https://www.davisvanguard.org/2021/05/looking-back-harmless-error-is-it-ever-really-harmless-2/

“The Constitution entitles a criminal defendant to a fair trial, not a perfect one.”

The above quote penned by Thomas Jefferson in a letter to James Madison from Paris on December 20, 1787 may have partially inspired Madison’s response the following year. Madison in Letter 51 of the Federalist Papers declared: Justice is the end (purpose) of government. It is the end of civil society. It ever has been, and will ever be pursued until it is obtained, or until liberty be lost in the pursuit....

The expression harmless error is frequently employed in the rulings of the New York state supreme court appellate division when confronted with an appeal from a criminal defendant alleging wrongful action, or mishandling by a court below believed to have negatively influenced the outcome of his case. The concept is meant to suggest that although the petitioner may be factually correct in his assertion that the trial court in some specific manner improperly dealt with his case, nevertheless, no harm was done, the outcome would have been the same had it not. and, therefore, no harm, no foul.

Unfortunately, all too often, appellate panels are in no good position to accurately assess how differently a trial might have turned out had the judge not committed the error, or permitted the wrongful act by the prosecution he/she permitted....

A trial court may commit any number of common errors. It may have permitted the presentation of hearsay testimony that should have been excluded. Perhaps it allowed the prosecutor to improperly vouch for a witness, or failed to exclude unconstitutionally obtained evidence, or issued erroneous jury instructions....how does the appellate court deter- mine with a high degree of certainty that the error, or errors, confirmed to have been committed below could not possibly have affected the outcome?...

All too often politics and colleague- ship enter the equation, and defendants, however worthy their argument, are denied. ...Speaking of the high court, it periodically addresses the issue; and. in recent years has, in fact, expanded the categories of errors that are subject to harmless error analysis, while at the same time establishing different standards of harmlessness for different errors and different kinds of review....

Looking Back: When Shaky Eyewitness Testimony Trumps Alibi Witness Testimony | Davis Vanguard

https://www.davisvanguard.org/2021/06/looking-back-when-shaky-eyewitness-testimony-trumps-alibi-witness-testimony/

In a 1996 Bronx, New York state case, People v. Richard Rosario, the defendant was convicted of a shooting homicide based upon photo array identification by two eyewitnesses. In point of fact, the defendant was in the state of Florida on the date of the shooting.... “he named more than a dozen people in Florida who he said would vouch for him.” However, the police never contacted the alibi witnesses, preferring instead to rely upon two so-called eyewitnesses.Although his initial defense attorney secured funds through the court for an investigator to contact said alibi witnesses, “the lawyer never pursued the matter.”...

Rosario obviously received ineffective assistance of counsel and is very likely innocent. Had his attorneys pursued his alibi evidence, he likely would have been acquitted. For judges to acknowledge that fact and yet rule against him represents their elevation of procedural concerns over actual innocence, and an elevation of technicalities over basic fairness.... Discounted alibi evidence is a common theme in many DNA proven wrongful convictions....

False Confessions, Explained

https://theappeal.org/the-lab/explainers/false-confessions-explained/

“I am going to say it folks: people who have no idea, who weren’t there, who weren’t involved, do not confess, especially to murder. It goes against everything you have ever known and all your common sense. No one confesses to a murder that they did not commit; no one.”[1]Prosecutor’s closing argument, Commonwealth v. Willie Veasy, p. 108.

As a criminal defense lawyer, I heard many prosecutors make that same argument to juries. And it’s kind of hard to argue with that logic. Yet, we know that people do, in fact, confess to crimes they never committed. Demonstrably false confessions plague wrongful convictions. Since the National Registry of Exonerations began tracking exonerations, consistently 20 percent of all exonerations have involved someone who “confessed” to a crime they didn’t commit....

A false confession is a statement given by a person that incriminates them in a crime they did not commit. Scientists who study this phenomenon group false confessions into three general categories: (1) voluntary; (2) coerced-compliant, and (3) coerced-internalized. There are, of course, myriad of cases where a confession was presented at trial that police either concocted wholly or in part. This article is focused on the phenomenon where the suspect admits the … Which raises the questions: How and why do police push people to confess falsely? And why do courts allow prosecutors to use these statements in court? ...

Without physical coercion, police have fallen back to rely upon interrogation tactics that lean heavily on psychological measures, and that courts still allow despite empirical research demonstrating their coercive effect....Unlike in other parts of the world, police in the United States are allowed to lie to suspects during an interrogation.[16]Frazier v. Cupp, 294 U.S. 731, 739 (1969). Often police use a “false evidence ploy” to increase the pressure on a suspect toward confessing—whether they committed the crime or not....

It's Time to Change the Way the Media Covers Crime

https://www.themarshallproject.org/2019/05/31/it-s-time-to-change-the-way-the-media-covers-crime

Obviously the media aren’t solely to blame for such wrongful convictions.... “a centrifuge [in which e]veryone was pinned into a position—the press, the police, the prosecution—and no one could press the stop button.”... journalists have also helped drive decades of harsh criminal justice policy. In the American media, coverage of violent crime rose sharply just as the rate of violent crime actually began to fall.... black people were four times as likely to be represented as criminals than as police in television news...

AND CASS COUNTY NORTH DAKOTA PROVIDES FREE INADEQUATE COUNSEL FOR THOSE OF LOW INCOME THEN SENDS THE BILL TO THE INNOCENT DEFENDANT FOR THE FREE LIEYER WITH EXTRA FEES FOR SLAVE AUCTION COSTS AS WELL. MOST OFTEN THE SLAVE NEVER RECEIVES ANY CONSULTATION WITH HIS FREE LIEYER UNTIL MINUTES BEFORE APPEARING AT SLAVE AUCTION WHERE THE INNOCENT SLAVE PLEADS GUILTY TO THE BOGUS CHARGE...

Pretrial supervision fees

https://www.courthousenews.com/pretrial-supervision-fees/

MISSOULA, Mont. — Ravalli County, Montana, makes criminal defendants pay for pretrial supervision and things like GPS monitoring, even when they are homeless and live off public assistance, according to a federal class action.

Report: Government Misconduct and Convicting the Innocent

https://www.washingtonpost.com/context/report-government-misconduct-and-convicting-the-innocent/4ba90d74-450a-4ae2-b8b3-010744a743ec/?itid=lk_interstitial_manual_5&itid=lk_inline_manual_15

A study released last year by the National Registry of Exonerations found that of 2,400 exonerations since 1989, 54 percent of the defendants were victimized by official misconduct, with police involved in 35 percent of cases and prosecutors in 30 percent of the cases. But the study found that in only 4 percent of cases involving prosecutorial misconduct were prosecutors disciplined, and police officers were disciplined in 19 percent of cases....

States Are Finally Starting To Rein in Deceptive Police Interrogation Techniques That Lead to False Confessions

https://reason.com/2021/08/16/states-are-finally-starting-to-rein-in-deceptive-police-interrogation-techniques-that-lead-to-false-confessions/

30 percent of DNA exonerees were under the age of 18 when they falsely confessed, and if you raise that age to 25, it's 49 percent....

Download False Justice:

8 Myths that Lead to Wrongful Convictions

http://desknererea42.soup.io/post/421570635/Download-False-Justice-8-Myths-that-Lead

Ebook: False Justice : 8 Myths that Lead to Wrongful Convictions Total size: 7.53 MB

Download book

Wrongful Conviction:

International Perspectives on Miscarriages of Justice

https://docs.google.com/document/d/1UhRQfYF2TL8X2etc0tPjNyaWQFGd7zZfTSDOkHP2SGg/edit

Wrongful Conviction: International Perspectives on Miscarriages of Justice pdf.

We Are Naturally Bad Sleuths…

http://wrongfulconvictionsblog.org/2013/10/28/we-are-naturally-bad-sleuths/

...Unlike a tape recorder, which plays back verbatim, our memories are like quick-sand, forever moving and shifting underneath us, creating distorted or entirely false memories in the process. And we are surprisingly susceptible to having our memories permanently altered by even the slightest suggestions from others. The scariest part of it is that we are not aware of how much our memories are in flux, and by nature believe our distorted memories to be 100 percent accurate.

...Mistaken eyewitness identification has proven to be the leading cause of wrongful conviction, playing a role in 75 percent of the cases.

...Loftus’s research on memory is partially an outgrowth of the Innocence Movement — the phenomenon of suspects being convicted and sent to prison for inhumane crimes they didn’t commit, only to find out years later, usually through DNA testing, that they were 100 percent innocent.

...How could the police have been so convinced that a suspect was the perpetrator, while simultaneously discounting so many clues that pointed directly to his innocence? Why did a fingerprint expert testify at trial that the defendant’s fingerprint was found at the crime scene, when we now know the defendant’s fingerprint was not actually a match?

...“confirmation bias,” which we now know contaminates forensic sciences. Confirmation bias exists when a forensic expert’s pre-existing beliefs — like a belief that the suspect is probably guilty — skews the results and causes them to come to an inaccurate result.

...Tunnel vision occurs when the cops develop a suspect, get excited that they might have finally solved the crime, and then become so entrenched in their belief that they ignore all the evidence of innocence that arises in their investigation. Tunnel vision is dangerous, and it happens all too often. Cops who suffer from tunnel vision and convict an innocent person aren’t bad people – they’re human beings.

...In many of the 1,200 plus cases of wrongful conviction in the Registry, the innocent defendant testified in his defense at trial, and told the jury he didn’t do it. But the jury didn’t believe him, and in many cases, was fooled by witnesses who we now know were flat out lying.

Public Release: 15-Jan-2015 People can be convinced they committed a crime that never happened

http://www.eurekalert.org/pub_releases/2015-01/afps-pcb011515.php

Evidence from some wrongful-conviction cases suggests that suspects can be questioned in ways that lead them to falsely believe in and confess to committing crimes they didn't actually commit. New research provides lab-based evidence for this phenomenon, showing that innocent adult participants can be convinced, over the course of a few hours, that they had perpetrated crimes.

.."Our findings show that false memories of committing crime with police contact can be surprisingly easy to generate, and can have all the same kinds of complex details as real memories,".

..Intriguingly, the criminal false events seemed to be just as believable as the emotional ones.

..."This research speaks to the distinct possibility that most of us are likely able to generate rich false memories of emotional and criminal events,"

..."Understanding that these complex false memories exist, and that 'normal' individuals can be led to generate them quite easily, is the first step in preventing them from happening," says Shaw. "By empirically demonstrating the harm 'bad' interview techniques - those which are known to cause false memories - can cause, we can more readily convince interviewers to avoid them and to use 'good' techniques instead."

...The article abstract is available online: http://pss.sagepub.com/content/early/2015/01/14/0956797614562862.abstract

False memory: Innocent people easily convinced they committed a crime

http://thecoffeedesk.com/2015/01/15/false-memory-innocent-people-easily-convinced-committed-crime/

It’s almost a parody of cop shows—the aggressive detective hounding an innocent suspect in an interrogation room until the person pleads guilty to a crime they didn’t commit. But a new study in the journal Psychological Science says people can easily be convinced they committed a crime they are innocent of.

In past years, evidence from wrongful-conviction cases has shown that certain ways of questioning suspects can lead them to make false confessions.

...“Our findings show that false memories of committing crime with police contact can be surprisingly easy to generate, and can have all the same kinds of complex details as real memories,”.

..71% (21) developed a false memory of the crime.

...Seventy-six percent of participants formed false memories of an emotional event the researchers told them about.

...“In such circumstances, inherently fallible and reconstructive memory processes can quite readily generate false recollections with astonishing realism,”

...“This research speaks to the distinct possibility that most of us are likely able to generate rich false memories of emotional and criminal events,” says Shaw.

The study concludes that further investigation of the interview procedures and approaches of interviewers that contribute to false memories is needed to minimize the risk of inducing false memories.

$9.2 Million Awarded in

Wrongful Conviction

http://wrongfulconvictionsblog.org/2015/02/28/9-2-million-awarded-in-wrongful-conviction-revealed-in-fbi-lab-review/

The judge provided one formula for calculating compensation damages:

  • $1,000 per day for wrongful incarceration,

  • $250 per day for parole time and

  • $200 for each day between his exoneration and trial. ...

Wrongful Conviction Statistics 2015

http://newyeargreeting.org/tag/wrongful-conviction-statistics-2015

Statistical Data On Wrongful Convictions

http://newyeargreeting.org/tag/statistical-data-on-wrongful-convictions#

Death-penalty analysis reveals extent of wrongful convictions

http://www.nature.com/news/death-penalty-analysis-reveals-extent-of-wrongful-convictions-1.15114

At least one in 25 people on death row in the United States would be exonerated if given enough time, researchers have found. The study, which used statistical methods way to get a glimpse of the extent of wrongful convictions, says lead author Samuel

Policing and Wrongful Convictions

https://ncjrs.gov/pdffiles1/nij/246328.pdf

Introduction. What Have We Learned From Exonerations?. The Psychology Behind Cognitive Biases and Their Relationship to Wrongful Convictions. What Police Can Do To Help Minimize the Likelihood of a Wrongful Conviction. Facilitating and Assisting Investigations of Post-Conviction Claims of Innocence. Conclusion. Endnotes. References.

Some Prosecuters say "expanding access to DNA testing will overburden the courts"...

Can you believe that? The Law thinks it is better for Innocent People to be Wrongfully Convicted with a false criminal record for life because it will "overburden the courts".

Out of Prison, Out of Luck

https://www.themarshallproject.org/2015/05/27/out-of-prison-out-of-luck

“Because [Harrell] has been released from prison he no longer has the right to demand testing of evidence that might clear his name – and possibly identify the true perpetrator,” ... “That is an awful contradiction that our laws present to prosecutors.” ...Some prosecutors disagree with the proposed change and say that expanding access to testing will overburden the courts.

Faulty Forensics Produce Scores Of Wrongful Convictions Around US

http://www.thecrimereport.org/news/crime-and-justice-news/2015-05-expert-testimony-tainted

The criminal justice system is grappling with the fallout from decades of faulty analysis in criminal cases that may have resulted in thousands of wrongful convictions...A state-ordered review in 2013 found that more than 40,000 cases could have been affected by Dookhan’s misconduct. Prosecutors say the number was likely closer to 20,000....examiners’ testimony contained erroneous statements in at least 90 percent of the cases.

National Registry of Exonerations:

http://www.law.umich.edu/special/exoneration/Documents/1600_Exonerations.pdf

1,615 Exonerations as of 6/15/15

Of the 1,600 individual exonerations from January 1989 through May18,2015:

For all exonerations, the most common causal factors that we have identified are (See Table 5):

  • Perjury or False Accusation (55%);

  • Official Misconduct (45%);

  • Mistaken Eyewitness Identification (34%).

Perjury or False Accusation is the leading cause of Wrongful Convictions. Over half of all Wrongful Convictions exonerated are due to Liars in the general public.

In reality this means a person(s) makes up a story, or flat out Lies about the truth to get an innocent person into legal trouble. Due to incompetency in the legal process the Liars committing perjury or false accusation is believed more by members on the Jury, or the bench. The truth from the innocent defendant is not believed. Or the Innocent defendant was maipulated to plea guilty despite being innocent.

Official Misconduct makes up nearly half of all Wrongful Convictions exonerated, and is the 2nd most leading cause of Wrongful Covictions. Law Enforcement, and Prosecuters account for the most Official Misconduct cases. Some are honest mistakes but in far too many cases, the very people who are responsible for ensuring truth and justice -- law enforcement officials and prosecutors -- lose sight of these obligations and instead focus solely on securing convictions, or malicious intent for personal goals.

In reality Law Enforcement, and/or Prosecuters flat out Lie, Fabricate, Falsify, and any possible deceptive practice to Wrongfully Convict an Innocent person of a crime he/she did not commit. In many cases a crime did not even occur. It was made-up by Law Enforcement, and/or Lies from the public.

  • Nearly a third of all Wrongful Convictions exonerated: The Crime Never Occurred.

  • 70% of drug-crime exonerations: The Crime Never Occurred. Cases in which defendants were exonerated after conviction for crimes that never occurred increased from 15% to 27%.

Why should you care? Simple. It could happen to you. An upset neighbor, angry spouse, business rival, or just any dispute with someone at the store can turn you into a Wrongful Convict. The odds are in favor that any Liar will win in Court, and that is if it makes it to Court. 95% of the time all defendants are forced to plead guilty despite your Innocence. This should concern you very much. One day living a normal life, the next day you are Wrongful Convicted criminal for doing nothing wrong.

1,672 Exonerations as of 10/6/15

1702 Exonerations as of 11/24/15

National Registry of Exonerations

Since the October 2015 Newsletter:

30 exonerations have been added

18 contemporaneous exonerations

12 old exonerations that we recently learned about

Wrongful Conviction Day

http://byronchristopher.org/2015/08/22/wrongful-conviction-day/

October 2nd marks a solemn commemoration around the world:

‘Wrongful Conviction Day.’

It’s a day when people reflect on the men and women who have been done in by a criminal-justice system that was flawed, and flawed badly. Some people who have been wrongfully-convicted have been released from prison, and they’re trying to get on with their lives. The lucky ones got some financial compensation, the unlucky ones got zip — not even an apology. The day is also a time to mourn those who quietly left prison in a wooden box, their voices never to be heard.

Criminal Law 2.0,

by The Hon. Alex Kozinski

(Why the US Justice System

Really Isn’t Just)

http://wrongfulconvictionsblog.org/2015/09/02/criminal-law-2-0-by-the-hon-alex-kozinski-why-the-us-justice-system-really-isnt-just/

Alex Kozinski is a judge on the U.S. Ninth Circuit. He has recently authored an article for the Georgetown Law Journal, which he simply titles “Criminal Law 2.0.” It is a comprehensive review and critique of the flaws and shortcomings of the current US justice system. My opinion is that this article is a masterpiece, a classic. Here is an experienced, seasoned, knowledgable justice system “insider” who has “figured it out.” And not only has he figured it out, but he also has some very good ideas about fixing the problems, or at least some of them.

You can see the full text here: Kozinski, Criminal Law 2. I strongly encourage reading the full article.

https://globalwrong.files.wordpress.com/2015/09/kozinski-criminal-law-2.pdf

In order to be paroled an Innocent Prisoner is Forced to Lie. Forced to admit Guilt to a crime he did not do. Did you also know that despite Innocence, over 95% of all defendants are forced to plead guilty rather than go to trial. Which is how most of the Innocent got jailed in the first place.

Parole of the Wrongfully Convicted Requires Admission of Guilt

http://wrongfulconvictionsblog.org/2015/09/04/parole-of-the-wrongfully-convicted-requires-admission-of-guilt/

We’ve written here before about the quandary faced by actually innocent, wrongfully convicted prisoners seeking parole. Please see The Catch 22 of Parole for the Wrongfully Convicted.

The issue here is that it’s uniformly standard practice for parole boards to refuse parole for defendants who will not admit guilt. So, what’s a wrongfully convicted, actually innocent prisoner to do?

However, a California appeals court has recently ruled that the parole board cannot keep refusing parole to a prisoner simply because he will not admit guilt. See the article By Maintaining Innocence, Convicted Murderer is Denied Parole by Seth Augenstein here.

This is a big deal. Could this be precedential?

This story hi-lites how Innocent people can be Wrongfully Convicted over innocent acts that may be perceived by the public, or manufactured by a corrupt legal system that one "feels fear". American Society operates under Fear and Guilt. And any actions from a citizen is charged as an act of Terrorizing and Crimes of Violence despite no intent. Laws are actually made to criminalize any perceived, false accusation, complaint from the public despite Innocence. A person is no longer responsible for his/her own "feelings". Rather it is a crime against the Innocent if another person feels fear they blame on you.

What makes you fearful? Are you really then a victim because you felt fear?

Examples: Child is fearful of parent. Citizen fearful of Cop. Walking alone at night person walking toward you. A person larger than you. Your employer. Alone at a ATM machine making a withdraw. Car breaks down on the raod. Etc, etc....

So if you are in a fearful event, and the first person approaches you it becomes so easy to mistake the others Innocent act of being in the same place at the same time. You feal fear and in your guilty mind assume the worse. You mistakenly blame an innocent person for making you feel fear. So you call law enforcement with your conjured up story, and now an Innocent person is falsely arrested.

Many other incidents use these these laws for malicious purposes when no fear is felt from the accuser. The accuser often is the initial aggressor, and Lies to law enforcement that the other made them fearful to cover one's own crime by falsely blaming the other. False accusations are commonplace.

Long Beach Woman Detained for Sign Threatening Dihydrogen Monoxide (H2O) Attack, Cited for Illegal Posting

http://lbpost.com/news/2000007089-long-beach-women-detained-for-sign-threatening-dihydrogen-monoxide-attack-cited-for-illegal-sign

Some call it water, some call it H2O. The molecular makeup of this life-sustaining liquid has many arrangements and monikers, but they all amount to the same substance that pours from our faucets and quenches our thirst. ... Most recently, two Florida disc jockeys (DJs) were suspended from the air in 2013 after an April Fool's Day joke where they said on air that Dihydrogen Monoxide was coming out of Floridians’ taps and was not safe for consumption. The hoax caused concern among residents, resulting in numerous calls to water suppliers.

Please participate in this

SURVEY:

If "you" were arrested and charged with murder or any other crime, and you are Innocent but, the Prosecution lets you choose to either:

A) Plead Guilty and receive Probation or a light sentence,

-or-

B) Proceed to trial (of which Prosecuters win 95% of the time) and risk receiving the Death Penalty or a severe sentence like Life In Prison.

Which would you choose, A or B?

Please email your answer to:

nodakwrongfullyconvicted@gmail.com

Do you understand now how, and why there are so many Wrongful Convictions. Far many more than what is currently believed.

“I think this is the guy”—The complicated confidence of eyewitness memory

http://arstechnica.com/science/2015/12/i-think-this-is-the-guy-the-complicated-confidence-of-eyewitness-memory/

In 1984, an intruder broke into Thompson’s apartment and raped her. She identified Cotton as the rapist in both a photo array and a live lineup. Although Cotton proclaimed his innocence, he was arrested, tried, and convicted. The prosecution’s case rested mainly on Thompson’s identification, and during the trial she testified that she was “absolutely sure” Cotton was the man who raped her. Cotton was sentenced to life in prison plus 54 years.

But 10-and-a-half years later, things changed drastically. Cotton was exonerated based on DNA evidence that showed that a man named Bobby Poole had raped Jennifer Thompson. In a hearing that occurred after Cotton’s trial, Thompson was shown a picture of Poole. She said “I have never seen him in my life.”...

Looking back, Thompson was not overly confident when she first picked Cotton out of a lineup. Yet by the time the trial came, Thompson was very confident when she identified Cotton as the rapist. And in hindsight, that shouldn’t be surprising...

Cotton is far from the only person convicted of a crime he did not commit based on mistaken eyewitness testimony. The Innocence Project reports that eyewitness misidentification was a factor in 72 percent of 325 cases in which judgments of guilt were subsequently overturned based on DNA evidence. By far, eyewitness misidentification was the most frequent contributing factor in these wrongful convictions....

Keeping a defendant locked up before trial breaks him down psychologically so he will do and say about anything to get out of jail. False confessions, false testimonies, false pleas, false everything ...

Posting bond a reality of justice system

http://www.cantonrep.com/article/20151226/NEWS/151229605

...questions over bond have been raised in the Dragan Sekulic case, including whether it's realistic and constitutional to prohibit bond entirely or in most cases....

If Stark County jailed every suspect accused of committing a felony crime or misdemeanor domestic violence, it would cost taxpayers another $11 million a year, plus millions more to build more jail cells....

Jailing those defendants would nearly double the current inmate population and balloon the operating cost of housing them from about $12 million to roughly $23 million annually. ...

it would cost roughly $30,000 per day, about $11 million per year, to jail them while cases are pending.

That expense would be in addition to the daily cost of housing the current jail population of about 450 inmates — roughly $33,000 per day and $12.3 million per year....

The jail also would need to expand....building a 122-bed wing for the jail cost $17 million....

The primary function of bond is to ensure a defendant appears in court and doesn’t flee.

The thought in the legal community nationally, generally, is to avoid incarceration before trial because of the cost and because it’s troubling to have a system where the rich can get out of jail while poor, minority defendants stay behind bars, Simmons said....

Margery Koosed, professor emeritus at the University of Akron School of Law, said that under the Ohio constitution, there’s a clear right to bail....

Researchers Expose Police Field Drug Test Kits – They Test Positive to Just About Everything

http://thefreethoughtproject.com/marijuana-advocacy/#cEkurMbJcXacRPAz.99

But how can so many innocent people be locked up, how does the state present evidence, that it doesn’t have, to get a conviction? Well, the folks at the largest marijuana policy reform organization in the U.S., Marijuana Policy Project, made a short video that explains just how easy it is for police to turn an entirely innocent person into a criminal. During the short video, the researchers demonstrate how easy it is for police to generate a false positive during a field test for drugs. The group tests over the counter Tylenol PM in a police test kit for cocaine — the test kit says the Tylenol is cocaine. The group also tests the most popular chocolate in the world, Hershey’s chocolate, for marijuana, it also tests positive. Perhaps the most disturbing test was when the group put absolutely nothing into the field test kit, and they received a positive result. The implications associated with wrongfully accusing and then claiming to have evidence of an individual in possession of an illegal substance are formidable — to say the least. Most people are simply unaware of the fact that police test kits are a crapshoot.

Pro/Con: Does the media have too much influence on public opinion?

http://www.dailyillini.com/article/2016/01/pro-con-media-influence-power-serial-making-murderer

Pro: Media exposes important societal issues

Many of us have indulged in the “true crime” dramas, such as “Serial” and “Making a Murderer,” that have recently piqued the nation’s curiosity. Some believe that we have been caught up in the tide of hysteria and given the media, cleverly disguised as entertainment, too much power to sway our beliefs.

They argue that, in the end, the various scenarios created and then exacerbated by media coverage amount to nothing, or much less than they have been made out to be and that the power we have given the media results in more harm to our society than good.

It is undeniable, however, that in many cases, the media has acted as a divining rod for the skeletons hiding in society’s closet. And, while these documentaries may or may not be entirely factual, there is one important, unembellished fact that they do expose: corruption and incompetence in our justice system has led to wrongful conviction. Rather than avoiding or distancing ourselves from media it would be wiser to embrace it as tool to keep us better informed and keep societies more accountable.

Con: Media too influential in swaying public opinion ...

Why do prosecutors go after innocent people?

https://www.washingtonpost.com/news/in-theory/wp/2016/01/21/why-do-prosecutors-go-after-innocent-people/

in real life, once a prosecutor decides to file felony charges against a defendant, that defendant will almost certainly be convicted — and local prosecutors have a strong incentive to file, likely thanks in no small part to electoral pressures....

A study by the Bureau of Justice Statistics looking at urban defendants in state courts found that in 2009, 66 percent of those charged with felonies were convicted, while only one percent were acquitted. The vast majority of those convicted plead guilty instead of going to trial. This means that the last real chance to avoid a wrongful conviction actually occurs at the screening stage, when the prosecutor decides whether to file charges in the first place. ...

Clearly, prosecutors do file charges against innocent defendants. The instances that receive media attention tend to be intentionally wrongful, those where the evidence of innocence is overwhelming but prosecutors storm ahead anyway, out of malice or blind ambition....

Reason more poor people are convicted than rich is because the poor cannot afford competent attorney as the rich can.

Attorneys, law students, and volunteers work to free innocent prisoners in Washington

http://www.dailyuw.com/features/article_68cf35aa-cef5-11e5-a525-87f36dad8db7.html

Fernanda Torres, a staff attorney at IPNW, said that the affordability of legal assistance often plays a role in the outcome of a trial.

“It is very clear that in our criminal justice system, [having] the means to pay for an attorney, an investigation, and access to resources makes a difference in the fairness of the trial,” Torres said. “When we go back and review cases, that disparity is obvious and continues to play a role. If folks can’t afford a post-conviction lawyer, then they can apply to a project like ours.”

How sleep deprivation helps police obtain false confessions

https://www.rawstory.com/2016/02/how-sleep-deprivation-helps-police-obtain-false-confessions/

Yes, you read that correctly: innocent people can and do confess to horrific crimes they never committed. False confessions are a factor in approximately 25 percent of DNA exonerations in the United States. While you may think that you personally would never confess to a rape or murder you didn’t commit, research has shown that innocent people are especially vulnerable in an interrogation room. Why is this the case?

Why would an innocent person falsely confess?....

Wrongful Convictions: Of Texas Wrongful Conviction Cases in Exoneration Registry 25% of Them Involved Prosecutorial Misconduct

http://www.quackenbushlawfirm.com/quackenbush-law-firm-attorneys-blog/wrongful-convictions-of-texas-wrongful-conviction-cases-in-exoneration-registry-25-of-them-involved-prosecutorial-misconduct/

In the cases, judges found that prosecutors broke basic legal and ethical rules, suppressing important evidence and witness testimony and making improper arguments to jurors. Despite the courts’ findings of some serious missteps, the State Bar of Texas reports very little public discipline of prosecutors in recent history. The State Bar does not track discipline of prosecutors separately from other lawyers.

% Exonerations by Contributing Factor

National Registry of Exonerations

April 2016

4/19/2016 Total = 1773

Since the February 2016 Newsletter:

40 exonerations have been added

23 contemporaneous exonerations

17 old exonerations that we recently learned about

Contributing Factor: % of Exonerations:

Mistaken Witness ID = 31%

Perjury or

False Accusation = 56%

False Confession = 13%

False or Misleading-

Forensic Science = 23%

Official Misconduct = 52%

New Truth Verification Technology

http://www.noliemri.com/

No Lie MRI, Inc. provides unbiased methods for the detection of deception and other information stored in the brain. The technology used by No Lie MRI represents the first and only direct measure of truth verification and lie detection in human history!

For 50 Years, You’ve Had “The Right to Remain Silent”

So why do so many suspects confess to crimes they didn’t commit?

https://www.themarshallproject.org/2016/06/12/for-50-years-you-ve-had-the-right-to-remain-silent#.BsqWvrOsE

Innocent suspects confess because they are terrified and confused and exhausted; because they are deceived or tricked; because they don’t understand what they are doing; because they feel hopeless and helpless and isolated. But what leads to this desperate predicament? Miranda sets the stage.

Post-Conviction DNA Testing and Wrongful Conviction

http://www.urban.org/research/publication/post-conviction-dna-testing-and-wrongful-conviction/view/full_report

To Reduce Wrongful Convictions, Reform the Bail System

http://www.indyrepnews.com/articles/2016/06/22/reduce-wrongful-convictions-reform-bail-system

There are strong incentives for defendants like Browder to plead guilty to crimes even when they are innocent, and as a result 90 percent to 95 percent of convictions are reached through a plea deal.

In some jurisdictions, court-appointed attorneys have a financial incentive to pressure their clients to accept a plea deal quickly — they’re paid more if the case doesn’t go to trial. Aside from that direct pressure, defendants who can’t afford bail could lose their job or housing, or create hardship for their families, if they are detained for weeks or months while awaiting trial.

Given those potential costs, it is entirely rational for defendants to accept a plea deal that would return them to their lives faster, even if they are innocent.

No Votes in Justice — Plea Bargaining and Wrongful Convictions

http://www.slaw.ca/2016/06/22/no-votes-in-justice-plea-bargaining-and-wrongful-convictions/

At the expense of justice, governments improve the cost-efficiency of the criminal justice system but thereby weaken the safeguards against wrongful convictions. Doing so makes more money available to be spent on more politically profitable areas because there are no votes to be gained by improving the criminal justice system. ...

Confessions of an Ex-Prosecutor

http://reason.com/archives/2016/06/23/confessions-of-an-ex-prosecutor

The Liars should get the same punishment that the falsely accused would get if wrongfully convicted.

Lake County District Attorney Don Anderson launches program to prosecute liars

http://www.pressdemocrat.com/news/5776411-181/lake-county-district-attorney-don

Lake County District Attorney Don Anderson says he’s fed up with liars who fib under oath. In a novel offensive against what many say is a rampant problem in the court system, he’s assigned an attorney in his office to investigate and prosecute alleged incidents of perjury.

“I’ve always had a pet peeve about people lying in court. It’s just so very common, especially in the family law arena, for people to come in and just lie their asses off,” Anderson said. He’s hoping his new program will make people think twice about committing perjury....

These Are America’s ‘Deadliest’ Prosecutors

http://www.huffingtonpost.com/entry/americas-deadliest-prosecutors_us_5774234fe4b0bd4b0b1368ed

A Harvard Law report finds a handful of zealous prosecutors responsible for a big share of America’s death row.

The Death Penalty Is Largely Driven by a Small Number of Overzealous Prosecutors

https://theintercept.com/2016/06/30/death-penalty-largely-driven-by-small-number-of-overzealous-prosecutors/

Arresting America, Fusion

http://fusion.net/series/arresting-america/

The city of Gretna, Louisiana, has roughly 18,000 residents, and in 2013 its police department arrested 6,566 adults. That's a rate of more than one arrest for every three residents

What are your chances of being arrested?:

Enter your county here:

Select the ethnicity or race that best describes you:

Finger-pointing over fingerprinting:

Checks could be flawed

http://bismarcktribune.com/news/state-and-regional/finger-pointing-over-fingerprinting-checks-could-be-flawed/article_ccded024-e40c-5bdf-944b-07f994895b19.html

...as many as one-half of the criminal records in the FBI's fingerprint system could have missing or inaccurate information on how criminal cases were resolved.... The companies' concerns that fingerprint data can omit the disposition, or resolution, of a criminal case — whether it ended in a conviction, acquittal or dropping of charges — are grounded in truth

Wrongful Convictions and the Accuracy Of the Criminal Justice System

https://lawweb.colorado.edu/profiles/pubpdfs/furman/03SeptTCL-Furman.pdf

Good Jurors Nullify Bad Laws: Reclaiming the Right of Every Juror

https://fee.org/articles/good-jurors-nullify-bad-laws-reclaiming-the-right-of-every-juror/

One Third of Field Drug Test Units Give False Positives

http://www.chromatographytoday.com/news/bioanalytical/40/breaking_news/one_third_of_field_drug_test_units_give_false_positives/39814/

A recent investigation into portable drug testing kits used in the United States found that 32% of the units in use were liable to give false positives, leading to a staggering 75% wrongful conviction rate....

It showed that hundreds of people convicted of drug possession were not actually guilty of a crime, and had instead pleaded guilty in order to receive a reduced sentence, which they saw as the best way to solve a dreadful situation.

VIRTUALIZED COURTS. The Future. Automated Judicial System. Automated Legal Expert System

(Automated lawyer, and judges):

Face the fact. You will not get a Just, Fair, Equal, and Constitutional Trial in an American Court today.

You will not get a just outcome equivalent to the actual truth.

What better way to eliminate court room bias, eliminate police & official misconducts, ensure the Constitution and your Rights are not being violated by the very system sworn to uphold these rights, and maintain fair and equal protection of the law for all. To do this requires eliminating the human factor partly or in whole. Computers are much better able to handle simultaneously the total combinations of knowing all the laws, the Constitutional Rights, and then applying them without human bias and misconducts. And doing it in a speedy manner.

Imagine entering a Court room of the future where you sit in a chair, and a wireless computer gives a decision of your case. It would be able to ask the appropriate questions for input reducing official misconducts. It is able to detertmine truth, and lies. It hears the case from all actors, and analyzes a fair and just outcome based on its total input and its total knowledge of all law. It may decide if a law was even violated. It would determine if the law itself is in violation of the Constitution or a violation of another law. It would fairly and equally dispense justice to all including the Government, Police, and Officials Misconducts eliminating immunty. The Two Tier legal system in existance now would be eliminated since favoritism, class, status, race, gender, etc., would not be considered in the computers decision since computer uses logic, and not emotion nor feelings.

The perfect virtual courtroom would replace all human factors with only minimal human elements as a check on the system.

Legal expert system

https://en.wikipedia.org/wiki/Legal_expert_system

A legal expert system is a domain-specific expert system that uses artificial intelligence to emulate the decision-making abilities of a human expert in the field of law.[1]:172 Legal expert systems employ a rule base or knowledge base and an inference engine to accumulate, reference and produce expert knowledge on specific subjects within the legal domain.... Rule-based, Case-based reasoning, neural net, Fuzzy logic

The future of the courts - A white paper

http://www.naco.org/sites/default/files/documents/The-Future-of-the-Courts.pdf

We see inspiring opportunities: transforming the delivery of law to our community, increasing access to justice, removing disadvantage in the face of increasing inequality.

Robot Lawyers? The Future of AI and Automation in Law

http://legal-tech-blog.de/robot-lawyers-the-future-of-ai-and-automation-in-law

The End of Lawyers, Period.

http://www.abajournal.com/legalrebels/article/the_end_of_lawyers_period

“The End of Lawyers? Not So Fast.” that, among other sources, cites to a draft study Can Robots Be Lawyers? which, while not yet for quotation, seems destined to conclude that the popular accounts of the potential displacement of lawyers by automation are a bit overblown.

American injustice

http://personalliberty.com/american-injustice/

The U.S. has 5 percent of the world’s population, 25 percent of its incarcerated people, and half of the world’s academically qualified lawyers, Those lawyers consume about 10 percent of America’s gross domestic product. ...One in 3 Americans will be arrested by the age of 23. Those “crimes” are often nothing more than truancy and misbehaving in school. ...The war on drugs is scam and a fraud. ...more than $1 trillion has been spent and millions of people have been incarcerated and many, if not most, of them were likely innocent. ...

Expert witness goes nuts during questioning for Mississippi death penalty case

https://www.washingtonpost.com/news/the-watch/wp/2016/08/24/expert-witness-goes-nuts-during-questioning-for-mississippi-death-penalty-case

Tainted Identifications

https://www.law.umich.edu/special/exoneration/Pages/taintedids.aspx

When we talk about eyewitness misidentifications in criminal cases we usually mean mistaken identifications by witnesses who don’t know the suspects they identify. These misidentifications are frequently caused by suggestive identification procedures—showups and poorly constructed lineups—but mostly do not involve practices that are considered misconduct.

In fact, many misidentifications are lies rather than mistakes—usually by witnesses who falsely identify people they know. And some misidentifications, mistakes and lies alike, are caused by deliberate police misconduct. We have learned more about these tainted identifications recently while collecting data on official misconduct generally.

We see a few common patterns across all these false identifications, lies and mistakes alike:

    • Misidentifications by witnesses who know the suspect are generally lies.

    • Misidentifications by strangers are generally mistakes.

    • Police initiated identification procedures, generally in-person or photographic lineups, almost always involve witnesses who are strangers to the suspect.

    • On the other hand, when a witness accuses someone she knows, accurately or not, no identification procedure is held; she simply tells the police who did it. No one needs a lineup to identify (or misidentify) her brother.

Judge Alex Kozinski Speaks Out on Wrongful Convictions

http://thesestonewalls.com/gordon-macrae/judge-alex-kozinski-speaks-out-on-wrongful-convictions/

“It takes courage and integrity for any judge to critique the very system over which he presides on a daily basis. The relatively vast number of exonerations of the wrongfully convicted is evidence of what Judge Kozinski here describes. However, there is another class of the unjustly imprisoned who are convicted in the United States without a shred of forensic evidence and based solely on the word of an accuser. In the State of New Hampshire (NH RSA 632:A6) a defendant can be convicted of sexual assault even decades after an alleged offense with no evidence or corroboration beyond the word of an accuser. This is so even when an accuser has a clear financial gain from bringing the claim. How does one appeal the evidence in a case in which there was never any?”

“Setting aside wrongful convictions has become exceedingly difficult under a 1996 law called the Antiterrorism and Effective Death Penalty Act, which severely limits the ability of federal courts to review state-court decisions. Congress should amend the legislation to authorize swift federal relief to prisoners who make a convincing showing that they were convicted with false or overstated expert witness testimony.”

Touch DNA and Wrongful Convictions

http://www.loevy.com/blog/touch-dna-wrongful-convictions/

“Touch DNA,” also called “Contact Trace DNA,” is DNA that is recovered from skin cells left behind when a person touches items such as clothing or a weapon. People shed about 400,000 skin cells per day, and these cells can be lifted from weapons or objects found at the crime scene and then tested for a Touch DNA sample. But the problem with using Touch DNA to prove guilt is that a person’s DNA does not stay in one place – skin cells move. For example, I can borrow a scarf that my friend wore, and when I bring it somewhere, I can transfer her skin cells to someplace that she has never been or to an object that she has never touched...

In another alarming example, a study published in the Journal of Forensic Sciences recently concluded that a person who uses a steak knife after shaking hands with another person transferred that person’s DNA onto the handle in 85% of the samples examined. Thus, a person’s DNA on a murder weapon does not necessarily mean that he or she was the one who handled it. Another study found that fingerprint brushes used at crime scenes to find latent fingerprints could actually be picking up and then dropping Touch DNA from one crime scene to the next.

These are scary realities. People often think of DNA as being infallible – and it truly can conclusively prove the innocence of the wrongfully convicted. But we have to be very careful about using the same type of evidence to prove a person’s guilt.

Why eyewitnesses give false evidence – and how we can stop them

http://www.econotimes.com/Why-eyewitnesses-give-false-evidence--and-how-we-can-stop-them-370755

One obvious reason why witnesses make mistakes is that the conditions of an event may not produce very strong memories....Memories can also be influenced by other people ...Leading questions from interviewers can also plant the seeds of a false memory in witnesses’ minds ...Investigator bias ...

Wrongful conviction laws across the US

https://necir.carto.com/viz/2b1da5bc-bb2f-11e6-936d-0e3ff518bd15/embed_map

Why We Can’t Always Trust DNA Evidence

http://ideaspractically.com/mind-boggling-stories/why-we-cant-always-trust-dna-evidence/

You are guilty!

http://personalliberty.com/you-are-guilty/

America is a prison nation. One in 3 Americans will be arrested by the age of 23...

Wrongly Convicted More Frequently Seeking—and Securing—Damage Awards

http://www.newyorklawjournal.com/id=1202775286435/Wrongly-Convicted-More-Frequently-Seeking8212and-Securing8212Damage-Awards

"A wrongful conviction totally and utterly ruins a person's life—their familial relationships, their freedom, their ability to make a living, friendships, everything." ..."It's the most complete loss of civil rights you can have short of death."

Media Must Apologize To Acquitted Innocents: ‘Peoples’ Tribunal On Innocent Acquitted’ Suggests Legislative & Policy Changes

http://www.livelaw.in/media-must-apologize-acquitted-innocents-peoples-tribunal-innocent-acquitted-suggests-legislative-policy-changes/

“The news media should function as objective institutions, and not as mere handmaidens of investigating agencies. It is long established media ethics that reporters provide their readers and audience both sides of the story – not simply the state version,” it appeals.

Wrongful polygraph conviction cases to be reinvestigated

http://www.taipeitimes.com/News/taiwan/archives/2017/01/16/2003663197

The Control Yuan this week ordered a re-examination of polygraph tests conducted by Lee Fu-kuo, who was the Criminal Investigation Bureau’s polygraph testing expert and who presided over a number of wrongful conviction cases.

Controversy surrounding Lee and his judgements have cast doubt on the reliability and scientific validity of polygraph testing and have led to questions of whether wrongful prosecution arose from human error or unethical conduct.

“One cannot have a system of criminal punishment without accepting the possibility that someone will be punished mistakenly. That is a truism, not a revelation.” -- Antonin Scalia

Innocent people plead guilty To crimes they didn't commit?

http://guiltypleaproblem.org/

Court Orders Prosecutors To Stop Dragging Feet On 20k Convictions Resulting From Faked Drug Lab Tests

https://www.techdirt.com/articles/20170122/10055736536/court-orders-prosecutors-to-stop-dragging-feet-20k-convictions-resulting-faked-drug-lab-tests.shtml

In 2012, it was discovered that Annie Dookhan, a Massachusetts state drug lab technician, had falsified thousands of drug test results. Perhaps this would have been discovered before it became catastrophic, but supervisors seemed impressed with her productivity and dumped even more of the testing workload on her.

The end result of Dookhan's fakery was a caseload of well over 40,000 convictions that needed to be reexamined. It also resulted in Dookhan being sent to jail for three years. Dookhan is out now, but more than 20,000 of the possibly-tainted convictions still haven't been addressed. This makes it likely there are people still falsely incarcerated while the person who helped put them there is back on the streets.

The Truth About Wrongful Conviction

http://www.slideshare.net/Sheila.Berry/the-truth-about-wrongful-conviction

Slideshow

The Guilty Plea Problem

http://guiltypleaproblem.org/

No crime ever occurred in over half of the total cases.

45% of the cases the defendants were coerced to plead guilty.

42% of the cases involved Official Misconduct.

Exonerations in 2016 ~ The National Registry of Exonerations

https://www.law.umich.edu/special/exoneration/Documents/Exonerations_in_2016.pdf

2016 was another record breaking year for exonerations in the United States, 166.

The exonerations in 2016 set several other records as well. They include more cases than any previous year in which:

♦Government Officials committed Misconduct;

♦The convictions were based on Guilty Pleas;

♦No crime actually occurred; or

♦A prosecutorial Conviction Integrity Unit worked on the exoneration.

These numbers may not reflect the frequency of false conviction across jurisdictions....An obvious explanation for these differences is that more false convictions were found...

Length of time from conviction to DNA exoneration grew from 6 years in 1993 to 20 years in 2015. These trends continued in 2016. ...

Official Misconduct: Forty-two percent of exonerations in 2016 included official misconduct (70/166). Official misconduct encompasses a range of behavior — from police threatening witnesses to forensic analysts falsifying test results to child welfare workers pressuring children to claim sexual abuse where none occurred. But the most common misconduct documented in the cases in the Registry involves police or prosecutors (or both) concealing exculpatory evidence.

Guilty pleas: Exonerations in cases in which defendants pled guilty used to be unusual, but they have become more common. In 2016, 45% of all exonerations (74/166) were in guilty plea cases, about the same rate as in 2015.

No-Crime Cases: A record 94 exonerations in 2016 were cases in which we now know that no crime actually occurred, more than half of the total.

Why did so many defendants plead guilty when they were innocent? ... Most agreed to plea bargains at their initial court appearances, despite their innocence, rather than remain in pretrial custody for months and risk years in prison if convicted, ... There is some evidence that pretrial detention and the fear of long terms of imprisonment did influence these false guilty pleas.

JUSTICE DENIED:

THE MAGAZINE FOR THE WRONGLY CONVICTED

PAGE 15 ISSUE 65 - FALL 2017

http://justicedenied.org/issue/issue_65/jd_issue_65.pdf

The Innocents Database now includes 6,807 cases: 4,276 from the U.S., and 2,531 from 116 other countries.

The Innocents Database includes:

● 571 innocent people sentenced to death

● 913 innocent people sentenced to life in prison

● 2,129 innocent people convicted of a homicide related crime.

●1,037 innocent people convicted of a sexual assault related crime.

● 776 innocent people were convicted after a false confession by him or her-self or a co-defendant.

● 2,093 innocent people were convicted of a crime that never occurred.

●220 innocent people were posthumously exonerated by a court or a pardon.

● 73 people were convicted of a crime when they were in another city, state or country from where the crime occurred

●1,757 innocent people had 1 or more co-defendants. The most innocent co-defendants in any one case was 29, and 20 cases had 10 or more co-defendants.

●12% of wrongly convicted persons are women.

●The average for all exonerated persons is 7-1/8 years imprisonment before their release.

●31 is the average age when a person is wrongly imprisoned.

●Cases of innocent people convicted in 117 countries are in the database.

●4,276 cases involve a person convicted in the United States.

●2,531 cases involve a person convicted in a country other than the U.S.

These exonerations represent only a small fraction of all innocent people who are wrongfully convicted. The majority never get exonerated. The majority forever serve their sentences, and live a life punished as a criminal for crime they never did. Meanwhile, if a crime actually did occur, the real offender is free with no criminal record while the innocent is punished for the crime of the guilty.

Prosecutors can help prevent wrongful conviction

http://buffalonews.com/2017/04/25/another-voice-prosecutors-can-help-prevent-wrongful-conviction/

This legislation is a start, but the real problem is not addressed by this law. The real problem is the unethical, unprofessional, biased and often incompetent arrest, investigation and prosecution of the charged defendant.

Wrongful Conviction with Jason Flom

http://blendcast.fm/shows/wrongful-conviction-with-jason-flom/page/2

The Disappearing Sixth Amendment

http://reason.com/archives/2017/05/07/the-disappearing-sixth-amendme

You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. So goes the the Miranda rights spiel heard on 1,000 cop shows. But in many parts of the U.S., it's not quite true. Those who cannot afford a lawyer are left waiting for months to meet with public defenders already buried under other cases.

After Shondel Church was arrested for felony theft in 2016, the Missouri public defender service told him his case was winnable, but he would have to sit in jail six months before an attorney could prepare it. After waiting three months without a job and away from his family, Church took a plea deal. ...

Prosecutors Issuing ‘Fake Subpoenas’ Because They’re Awful People

http://abovethelaw.com/2017/05/prosecutors-issuing-fake-subpoenas-because-theyre-awful-people/

If the awesome power of the state doesn’t terrify innocent people into doing the bidding of prosecutors, perhaps they could consider explicitly threatening innocent witnesses to get their way?...

the D.A.’s Office maintained a practice of issuing “fake subpoenas” in a naked effort to coerce cooperation....

“SUBPOENA: A FINE AND IMPRISONMENT MAY BE IMPOSED FOR FAILURE TO OBEY THIS NOTICE.”

Except it was not (a) a subpoena, (b) carried with it no risk of fine or imprisonment, and (c) recipients were entirely free to disobey the notice....

“Clearly, it’s unethical because the prosecutor is engaging in fraudulent conduct,”...

Wrongfully Convicted Child's Murder Confession Tests Compensation Law

http://www.nbcnews.com/news/us-news/wrongfully-convicted-child-s-murder-confession-tests-compensation-law-n742086

B.C. murder: The effect of maintaining innocence on obtaining parole

http://vancouversun.com/news/local-news/catch-22-appeal-highlights-effect-of-maintaining-innocence-on-getting-parole-lawyer-says

Few prisoners maintain their innocence for very long into their sentences because that attitude means they won’t get out early, Barsky said in a recent interview.

“People do plead guilty,” she said. “We know (some) plead guilty when they are factually innocent.” ... “Prisoners are in a catch-22 situation where if they maintain factual innocence, they’re said to not be taking responsibility, to not be taking accountability, and then this is severely restricting their ability not even just to get parole, but to be successful in applications” for escorted or unescorted temporary absences.

That makes it unlikely such a prisoner will be successful in a parole hearing.

“If he had just said ‘I’m guilty,’ there’s a chance he could have obtained parole,” Barsky said....

Murder cases often go cold after exonerations

http://www.postcrescent.com/story/news/investigations/2017/05/18/murder-cases-often-go-cold-after-exonerations/100019208/

DNA technology has exposed nearly 150 murder cases involving faulty or wrongful convictions nationwide ...seven in 10 murder cases involving a DNA-related exoneration are unsolved, despite the availability of forensic evidence from crime scenes that likely belongs to the killer or killers....

Of the approximately 145 murder prosecutions that involved a DNA exoneration, charges were subsequently filed against an alternative suspect in only about 40 cases. In at least 15 cases, DNA connected the murder to someone who had committed suicide to avoid being arrested, or died another way, the analysis revealed.

If police don't find an immediate match in criminal DNA databases in the wake of exonerations, there's a tendency to put those cases on the back burner, said experts in wrongful convictions..

"There are cases that law enforcement do take the initiative to follow up on the new leads, but in many, many, cases they still don't want to admit that they made a mistake,"

Righting awful wrongs

http://www.nwaonline.com/news/2017/jun/02/righting-awful-wrongs-20170602/

The automatic appeals and slow pace of capital cases help prevent wrongful executions. But wrongful convictions of lesser crimes occur at normal speed among the throng of criminal cases clogging the courts.

Most exoneration efforts are targeted at murder and rape cases and concentrated in a few populous states, so there are no accurate figures on the total number of wrongly convicted persons. Data can be extrapolated, however, from existing research--and the scope is frightening.

Research into death-sentence exonerations indicates an innocence rate as high as 3 to 5 percent...

An American University study, funded by the National Institute of Justice, sought to analyze why some innocent defendants are convicted and others are acquitted. ...

Weakness of prosecution's case. The case against Williamson was circumstantial and flimsy.

Untruthful informants. Two witnesses lied in placing Williamson at the crime scene; one was a jailhouse snitch, and the other was the real killer.

Forensic error. Testimony involving hair recovered at the scene was misleading if not outright deceitful.

Tunnel vision. Once police zeroed in on Williamson, they simply didn't keep their eyes or minds open. In retrospect, the blinders on investigators seem unbelievable.

Inadequate defense. Despite significant evidence of mental instability, Williamson's attorney failed to raise competency issues...

Unless you read a book like The Innocent Man, the notion of being wrongly accused, convicted and almost executed probably seems surreal to the point of impossibility in most people's minds. Grisham chronicled the psychological trauma of going to prison for a crime you didn't commit in highly evocative fashion.

Try to empathize with the shattered faith in American justice; the eternal disconnect between "official" and "truth;" the unrelenting paranoia stemming from an irreconcilable unreality. You know you are innocent, but the whole world condemns you as guilty.

Wrongly convicted victims endure a reality the rest of us cannot conceive. Tragically, their victimization continues once they're exonerated, because legislative action hasn't kept up when it comes to "making things right" for wrongly convicted victims....

how a simple mishearing can lead to wrongful conviction

theconversation.com/the-dark-side-of-mondegreens-how-a-simple-mishearing-can-lead-to-wrongful-conviction-78466

A High Court ruling made in 1987, and used since as a precedent in countless trials, allows indistinct covert recordings to be accompanied by a transcript.

That makes perfect sense – until you realise who creates the transcript.

Police provide their own transcripts, in the role of a so-called “ad-hoc expert” – someone with no real expertise but deemed to have “specialised knowledge” arising from familiarity with a particular case.

Transcription of indistinct audio is a highly specialised skill in which police have no training whatsoever. Even with the best of intentions, police transcripts are liable to be inaccurate and misleading.

At Forensic Phonetics Australia, you can hear numerous examples of real covert recordings used in trials.

Read the case study of the murder trial where the only “direct” evidence was a single phrase in a police transcript. The phrase has since been shown, first, to be inaccurate and, second, nevertheless to exert a strong priming effect on listeners, who confidently use their hearing to draw conclusions about guilt.

Too late for that prisoner though....

2,044 EXONERATIONS

Since the March 2017 Newsletter: a total of 44 exonerations added, 33 new exonerations, & 11 newly discovered

What We Think, What We Know, and What We Think We Know about False Convictions

https://gallery.mailchimp.com/86fc3b614e73affdc18bf5a93/files/3b73d648-dd2f-49ab-a158-ab5c18ae4f8b/SSRN_id2921678_1_.pdf

It’s clear, however, from the relative prevalence of these factors that the process differs radically from one type of crime to another. Data from one local jurisdiction (Harris County, Texas) strongly suggest that across the country thousands if not tens of thousands of innocent defendants a year plead guilty to misdemeanors and low level felonies in order to avoid prolonged pretrial detention. ...

Who was Exonerated, When and for What

Of the 1,900 individuals exonerated from January 1989 through October 2016:

    • 91% were men and 9% were women.

    • 47% were black, 39% were white, 12% were Hispanic and 2% were Native American, Asian or Other.

    • 17% pled guilty, 76% were convicted at trial by juries and 7% were convicted by judges.

    • 23% were cleared at least in part with the help of DNA evidence and 77% were cleared without DNA evidence.

    • 80% were imprisoned for more than one year before they were released, 57% for at least 5 years, and 38% for 10 to 39 years.

As a group, the exonerated defendants spent more than 16,710 years in prison for crimes for which they should not have been convicted an average of 9 years each....

More than 80% had been convicted of crimes of violence, including 42% who were convicted of homicide, 26% who were convicted of sexual assaults, and 5% of robbery. Of the minority who were convicted of nonviolent crimes , most (12% of the total) were convicted of drug crimes.

The pattern of exonerations by crime bears little resemblance to the distribution of all criminal convictions in the United States. Fewer than 20% of felony convictions but 82% of exonerations are for violent crimes; fewer than 1% are homicides, which account for 42% of exonerations. Only 4% of exonerations but at least 80% of all criminal convictions are misdemeanors.

Clearly, exonerations are heavily concentrated among the most serious convictions,...

Estimate relative rates of exoneration across crimes:

Robbery convictions outnumber rape convictions by more than 3 to 1, but there have been more than two and half times as many exonerations for rape as for robbery. This suggests a rate of exonerations for rape that is about 8.5 times the rate for robbery.

Robbery convictions outnumber noncapital murder convictions by about 5.7 to 1, but noncapital murder exonerations outnumber robbery exoneration by almost 6.5 to 1 which translates into a relative rate of exonerations for murder about 37 times the rate for robbery.

Only about 3% of murder convictions resulted in death sentences, but 15% of murder exonerees were sentenced to death (115/762), which implies that the exoneration rate among death sentences is about 5.7 times that for other murder convictions, and about 210 times the rate for robbery convictions....

Below the level of these major violent crimes, the differences in rates of exoneration are even more stark, as I’ve mentioned: Nonviolent crimes comprise more than 80% of felony convictions but fewer than 20% of exonerations; there are, for example, about three times as many felony convictions for theft as for robbery but one eighth the number of exonerations. And misdemeanor convictions out number felonies by at least 4 to 1, but account for a few percent of exonerations. The inevitable conclusion is that only a tiny fraction of innocent defendants who are convicted of misdemeanors or nonviolent felonies are ever

exonerated.

Why? Most innocent defendants with comparatively light crimes and short sentences probably never try to clear their names. They serve their time and do what they can to put the past behind them. If they do seek justice, they are unlikely to find help. The Center on Wrongful Convictions, for example, tells prisoners who ask for assistance that unless they have at least 10 years remaining on their sentences, the Center will not be able to help them because it is overloaded with cases where the stakes are much higher....

Most exonerations take considerable time. The average interval from conviction to exoneration in capital cases is about 15 years....

“if all death sentenced defendants remained under sentence of death indefinitely, at least 4.1% would be exonerated,” and concludes that “this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”...

Exonerations by Crime and Contributing Factors All Cases:

False Accusation 56%, Official Misconduct 51%, Mistaken Witness Identifications 30%, False Forensic Evidence 24%, Perjury or False Confession 12%.

A lot of misconduct, in all spheres of life is successfully hidden; if not, there’d be a lot less misconduct to hide. The same applies, in force, to incompetent or ineffective legal defense. In 23% of the exonerations in the Registry we have clear evidence of what we code as “Inadequate Legal Defense” (442/1,900). We believe, however, that many more exonerated defendants perhaps a majority would not have been wrongfully convicted if their lawyers had done good work defending them. Ineffective defense attorneys may contribute to more false convictions than any other factor we have mentioned, but our data won’t tell one way or the other....

Missing Cases: Guilty Pleas: Why did these defendants plead guilty ...most pled guilty to get out of jail. In a typical case, the defendant had a criminal record and could not post the comparatively high bail that was set for him. If he pled not guilty he’d remain in jail for months before trial, and then risk years in prison if convicted. It’s hardly surprising that an innocent defendant in that situation would accept a deal to plead

guilty and go home ... Dozens of defendants were framed by police who faked field tests...

Hundreds of thousands of defendants plead guilty every year to avoid pretrial detention in nondrug cases. Why wouldn’t they? Those charged with misdemeanors and light felonies may face months, even years in jail waiting for trial, but get weeks or days or no time at all if they plead guilty. How many of these defendants are innocent? We have no idea, and no way to find out. A simple drug test won’t answer the question, and nobody is going to reinvestigate a routine shoplifting, assault, or disorderly conduct case. ...If I had to bet, I’d say the most common cause of false conviction, by far, is the prospect of prolonged pretrial detention of innocent criminal defendants ...

An innocent defendant who pleads guilty is far less likely to be exonerated than one who goes to trial. It’s much harder to convince anybody that you’re innocent when you told a court that you’re guilty; you have fewer avenues for review; and, most important, if you take a plea bargain you will get a shorter sentence, usually a much shorter sentence that’s why defendants accept plea bargains and the scarce resources it takes to reopen a case and achieve an exoneration are usually reserved for defendants with more severe punishments. Guilty pleas account for 95% of felony convictions, but excluding drug cases only 10% of known exonerations. That’s an exoneration rate 170 times lower than for trials....

Two Travesties of Justice and Not a Single Apology in Sight

https://wrongfulconvictionsblog.org/2017/11/20/two-travesties-of-justice-and-not-a-single-apology-in-sight/

Let me repeat: a judge set bail for a 65-year-old man who spent 45 years in prison for a crime he did not commit in a case where the prosecution is not planning to re-try him.

Seriously?

Keeping with the theme of outrageous, last week Kevin Smith was released from a New Orleans jail, after serving nearly eight years without ever having been convicted of a crime.

After 28 Years in Prison, a Rare Plea Deal Frees a Connecticut Man

https://www.nytimes.com/2017/11/23/nyregion/rare-alford-plea-wrongful-conviction-rape-connecticut.html

Nearly 30 years ago, Mr. Harris was convicted of raping a woman in this Connecticut city — a verdict he has been trying to reverse ever since. Earlier this year, after decades of fighting his appeals, the Connecticut state’s attorney’s office finally conceded that the evidence against him might be tainted. The prosecutors agreed to let him go — if he took a deal.

At the heart of the deal was something called an Alford plea, an odd legal paradox that required Mr. Harris to formally plead guilty to a set of lesser crimes, but not admit that he had actually committed them. After Mr. Harris played his role in this courtroom drama, the judge reduced his sentence to the years that he had served. Mr. Harris was freed on Tuesday evening...But the prosecutors also walked away with what they wanted. At least on paper, they were able to preserve their conviction. That ensured they would not have to conduct a second trial — or face the consequences of bungling the first.

Alford pleas, however, are exceptionally rare, composing only 6 percent of all the guilty pleas in state and federal courts, according to a study published in 2009.... http://www.albany.edu/scj/documents/RedlichOzdogru.pdf

Report ‘Matters of judgment’ on death penalty published at National Law University

http://indianexpress.com/article/india/report-matters-of-judgment-on-death-penalty-published-at-national-law-university-4974003/

An opinion study on the criminal justice system and death penalty with 60 former judges of the Supreme Court has revealed ‘wide spread’ prevalence of torture, fabrication of evidence, abysmal quality of legal aid and wrongful conviction.... The report – ‘Matters of Judgement’ – published by the Centre on the Death Penalty at National Law University, Delhi...states that 38 judges acknowledged that “torture was rampant” in India’s criminal justice system.... susceptibility of the criminal justice system to power, money and corruption was the main reason behind wrongful convictions....

On fabrication of evidence, the study states that 15 judges spoke about their experiences at the bar and the bench and planting of evidence in several cases. “This included cases where the murder weapon was proved to be planted as it did not match the injury,... Shockingly, according to the study, not a single found the legal aid system satisfactory. The study states 14 judges acknowledged that poor legal representation disproportionately impacts the poor....

“If you’re asking me whether I am concerned about unmerited acquittals? I’m not worried about them. I’m worried about unmerited convictions because the criminal jurisprudence is designed only to prevent an innocent being convicted. A criminal jurisprudence can afford to have a guilty person’s escape but not to have an innocent person proven guilty.”...

Public defenders nationwide say they're overworked and underfunded

https://www.nbcnews.com/news/us-news/public-defenders-nationwide-say-they-re-overworked-underfunded-n828111

Because of the Sixth Amendment, Americans accused of a crime have a constitutional right to representation. But the system that supports that right has been understaffed, underfunded and overwhelmed with cases for more than 30 years, experts say, and it shows no indication of getting better.... Over the last year, as Barrett has come to lead the Missouri indigent defense program, he has tried to draw attention to the untenable workload that the state expects his office to take up. He went so far as to appoint Gov. Jay Nixon to represent an indigent defendant last year after Nixon vetoed a bill that would have capped public defenders' caseloads. Although the stunt briefly caught the national eye, he said, the state's number of cases has still grown from 74,000 in 2016 to 82,000 this year, and most public defenders in Missouri are expected to handle 80 to 100 cases a week. That's a pretty typical expectation across the country, according to experts on both sides of the political aisle, who say it is not a partisan issue.... "When the public defender has hundreds of cases assigned to them, there's no way they can put the time and the effort into what's required. It's a sham to say there was representation when it's literally an assembly line." ...

"Here's what happens," said Barrett, head of the Missouri system. "Someone goes to local jail, and we go to them after two weeks. We say, 'Good news is we're going to work hard on your case; bad news it's going to be a while until we get to your case.'" Most end up making plea deals just to get out of jail, not knowing that a conviction could follow them for the rest of their lives. "In the meantime, these individuals lose their jobs, they lose their apartment, and a lot of them plead to crimes they don't commit," Barrett said. "It happens every day. People take it because they want to get out." ...

Step 1 to stop wrongful conviction: 'Criminal intent' reform

http://thehill.com/opinion/judiciary/364520-criminal-intent-reform-can-stop-wrongful-conviction-in-the-first-place

First and foremost would be a return to a foundation of due process that has been lost in Congress’ long-running and rather unsuccessful campaign of over-criminalization. ... “Mens Rea Reform Act” — a bill targeted to the element of criminal intent. In the vast majority of criminal statutes, this means the state must prove criminal intent accompanied a bad act in order to achieve a conviction. The converse applies as well: Mere intent to do harm is not a crime in the absence of a harmful act to back it up. ... This change will protect Americans from laws that are vague or otherwise sloppily constructed by Congress. Simply put, no citizen should lose his or her liberty because Congress was negligent during the legislative drafting process....

Yet there are times when a creative prosecutor seeks to take inappropriate advantage of laws (and regulations) that do not require proof of intent in order to secure a conviction. The bottom line: People who lack knowledge or intent to violate the law should not be placed at risk by our criminal justice system. This is particularly troublesome in this day and age, wherein some 4500 federal criminal laws are on the books, as well as more than 300,000 federal regulations (that carry a criminal penalty) supervised by unelected bureaucrats. ...

NY Juries Must be Briefed on Problems with Cross-Racial Identification

https://www.innocenceproject.org/ny-juries-must-be-briefed-on-problems-with-cross-racial-identification/

The New York State Court of Appeals issued a decision on Thursday requiring judges to instruct jurors about the unreliability of cross-racial eyewitness identifications in cases in which the defendant and the witness are or appear to be of different races. Eyewitnesses often have trouble identifying people of a different race than their own. According to the New York Times, an analysis of 39 studies found that participants were one-and-a-half times more likely to falsely identify someone of a different race. According to a brief filed in the case by the Innocence Project, of the 353 DNA exonerations nationwide, 70 percent involved eyewitness misidentification. Nearly half of those cases involved a defendant and a witness of different races....

Wrongly Convicted in Texas

http://yya.s4tii.top/

2017: A Roller Coaster Ride of a Year in False Confessions

https://www.huffingtonpost.com/entry/2017-a-roller-coaster-ride-of-a-year-in-false-confessions_us_5a3bf9f2e4b06cd2bd03d8ff

In many ways, 2017 has been a banner year for false confessions and police interrogations. There have been numerous exonerations based on false confessions... there have been 127 exonerations so far in 2017. Twenty-five of these wrongful convictions rested, in part, on false confessions. Out of those 25, twelve came from Chicago...

How these bungled rape cases show there's a cancer in our justice system

https://www.thesun.co.uk/news/5186966/how-bungled-rape-cases-show-cancer-in-our-justice-system/

lies and a sloppy attitude to disclosures had cost this man his freedom and his arrest was accompanied by the police forcibly entering his property.... innocent people are facing trials with incomplete evidence... presumption has moved from innocent until proven guilty along with the desire to get convictions up. There is more than a suggestion that as complainants were termed victims before any trial took place, this has led to some cherry picking of evidence which basically tilts the judicial balance towards the complainant.... If this sort of attitude is leading to unnecessary charges and, worse, incorrect convictions then this whole miscarriage of justice has turned into a cancer in our judicial system.... More wrongful charges and jail terms serve no one especially the soundness of our judicial system...

YOU HAVE NO RIGHTS - George Carlin

https://www.youtube.com/watch?v=hWiBt-pqp0E

America is one big lie and you are a fool for believing in it. George Carlin

https://www.youtube.com/watch?v=YqdsNxS_fk8

Presumption of innocence must survive for true justice

http://www.sheboyganpress.com/story/opinion/2017/12/22/presumption-innocence-must-survive-true-justice-casey-hoff/976657001/

An historical injustice against some does not justify the injustice of “convicting” others who may be innocent.

Unfortunately, not everyone believes in protecting the innocent. Teen Vogue columnist Emily Lindin recently tweeted: “Sorry. If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.” Lindin also wrote, “I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations.” Actress Lena Dunham has written, “women don’t lie” about rape.

These statements should be extremely troubling to any fair-minded person. Every accusation is unique and some people, both men and women, unfortunately lie....

False accusations do happen, and not as infrequently as we might like to believe....

The lost boys - The Citizen

http://thecitizen.com/2017/12/26/the-lost-boys/

My very first lesson for my criminal justice students is to drill into their heads that the justice system is not about truth. It is about what you can prove and/or what deals you can make. Less than 10 percent (some say even as low as 2 percent) of charged individuals actually see a trial by jury. By far, most cases are settled on the telephone or in hallways. There is no way that every single charged individual could have a trial by jury. Rendering a plea is the most expedient way to deal with thousands of cases that come through courtrooms every year.

Wrongful convictions result in two ways. Some individuals are wrongly forced in the interrogation room to confess to crimes they didn’t commit. Space doesn’t allow me to explain why, but this phenomenon is well-documented...

If the evidence is damaging, even if the accused is innocent, this person is faced with a frightening choice. For example, he may be facing a life sentence if convicted, but only 5 years if he pleads to a lesser crime. This happens daily.

If I were in such a situation and I knew I was innocent, but I knew the judge was not impartial, the evidence made me look guilty, and I was facing the rest of my life in prison – I might agree to a plea....

5 Of The Biggest Payouts From Wrongful Convictions

http://www.oxygen.com/final-appeal/crime-time/5-of-the-biggest-payouts-from-wrongful-convictions

POST-CONVICTION REVIEW: QUESTIONS OF INNOCENCE, INDEPENDENCE, AND NECESSITY

http://aura.abdn.ac.uk/bitstream/handle/2164/9881/Callander_Campbell_Leverick_1_.pdf

II. THE MEANING OF INNOCENCE

The ultimate aim of a post-conviction review body is to offer a remedy to those who are innocent of the crime of which they have been convicted, but that raises the question of precisely what is meant by innocence. While there is considerable confusion over terminology, a useful distinction can be made between legal and factual innocence.

Broadly speaking, factual innocence refers to the conviction of someone who did not commit the crime in question, either because it was perpetrated by someone else or because no crime was ever committed. Legal innocence refers to the conviction of someone who should not, under the rules of the legal system in question, have been convicted. While legal innocence might incorporate cases of factual innocence, it would also encompass those who are (or may be) factually guilty but should not have been convicted because there was a procedural irregularity during the process that led to conviction.

The term miscarriage of justice is sometimes used to describe the conviction of a factually-innocent person, but it is also the legal test for appeal against conviction in some jurisdictions. In other words, it has a legal meaning (which normally encompasses convictions where there has been a procedural irregularity as well as those where fresh evidence casts doubt on guilt), but that legal meaning does not necessarily correspond with the way it is understood outside the narrow confines of the law. It should also be said that factual innocence is something that is often very difficult to establish conclusively. The increased sophistication of DNA testing has meant that there now exists a growing number of cases—especially in the U.S.—in which it can be said with absolute certainty that a factually innocent person has been wrongly convicted.

In cases where no physical evidence exists, however, the extent to which factually innocent people have been wrongly convicted is impossible to determine. The extent to

which post-conviction review bodies should confine themselves to cases of factual innocence and the difficulties that arise in defining and identifying this are considered later in the Article, which now turns to a brief account of the post-conviction review schemes in Canada, Scotland, and North Carolina....

Exoneree Deskovic: Here's how Cuomo can reform NY's criminal justice system

https://www.lohud.com/story/opinion/contributors/2018/01/16/exoneree-deskovic-heres-how-cuomo-can-reform-nys-criminal-justice-system/1029409001/

How to make an innocent client plead guilty

https://www.washingtonpost.com/opinions/why-innocent-people-plead-guilty/2018/01/12/e05d262c-b805-11e7-a908-a3470754bbb9_story.html

Though the case is just a few days old, the prosecution has already extended a plea offer that will expire within the week....In what little time exists before the plea expires, you dispatch your overworked investigator to identify, find and interview witnesses....You and your investigator do your best to assess whether the case rests on unreliable eyewitnesses, faulty assumptions or witnesses with reasons to fabricate an account, which you cannot fully explore because — remember — the prosecution has not even disclosed who they are....You could go to trial, but that might mean waiting in jail for months, if not years, before a jury hears the case....

The other option, you explain to your client, is to accept the plea offer. In some cases, the sentencing difference between accepting a plea and losing at trial can be a matter of decades. It’s no wonder 95 percent of all defendants accept plea offers....

You tell your client that they would probably win at trial, but if they lose, they will go to prison. The plea promises some meaningful benefit: getting out of jail sooner, avoiding deportation, not losing a job, seeing a daughter before her next birthday. But your client would have to accept responsibility for a crime they may not have committed....The marshals lead your shackled client to a cage behind the courtroom. And the judge moves on to the next case.

Fighting Injustice: A Former Prosecutor Offers a Closer Look at the System

https://www.law.com/newyorklawjournal/2018/02/23/fighting-injustice-a-former-prosecutor-offers-a-closer-look-at-the-system/

police routinely got around evidence suppression by testifying (“testilying”) ... yet, with this false “dropsy” testimony, there was no illegal search! Everyone was in on it....

“Prosecutorial Misconduct,” ... Perhaps most eye-opening is his discussion of how prosecutors “prepare” witnesses, i.e., coach testimony so that “It’s possible” becomes “I think so” and eventually “I am sure” by the time of trial (notes which would have to be delivered to the defense are, needless to say, rarely taken during these sessions). This “dark and dirty” secret of America’s “system” is actually unethical in other countries because of the very danger that the witness’s testimony will invariably be influenced by the prosecutor....

in some states, victims have private attorneys who work in concert with the prosecutor. How does that change the dynamic, or even the rules? The potential conflicts of interest become staggering. And then of course there is the prosecutors’ ultimate power to “play God.” It is the prosecutor, it has become known to great unhappiness even among insightful judges, who decides who and what to charge, and who may be granted immunity. Will a prosecutor, left with nothing else, charge perjury?...

“Hiding Evidence: Brady Stories,” Gershman takes us through prosecutors’ real-world failures to turn over Brady ...

Supreme Court Ruling Means More People Who Plead Guilty Can Appeal

https://reason.com/blog/2018/02/23/supreme-court-says-self-proclaimed-const

Can a person who pleads guilty to a crime later challenge his conviction on the grounds that the criminal statute he was charged and convicted under is unconstitutional? On Wednesday, the Supreme Court said yes, in a decision that upends an important assumption of federal criminal procedure.

For decades, lower federal courts have held that by pleading guilty, a criminal defendant waives the right to raise most substantive and procedural claims on appeal. This rule has long reassured federal prosecutors that the guilty pleas, which make up of 95 percent of criminal case dispositions in U.S. district courts, will not generate complicated constitutional appeals. The Supreme Court's decision this week in Rodney Class v. United States may thus shift some of the focus of federal criminal practice, which is now heavily based on negotiating plea agreements, back toward litigation....

Global Study Highlights Systemic Risks of Wrongful Capital Convictions

https://deathpenaltyinfo.org/node/7032

“In 2016, at least 60 prisoners were exonerated after having been condemned to death, in countries across the geographical and political spectrum,” according to a new report on wrongful capital convictions by the Cornell Center on the Death Penalty Worldwide. The report, Justice Denied: A Global Study of Wrongful Death Row Convictions https://deathpenaltyinfo.org/files/pdf/innocence_clinic_report_2018_R4_final.pdf , analyzes risk factors for executing the innocent that are endemic in death penalty cases...

"As I stated before, it is hard enough when you are guilty, twice as hard when you're innocent."

Hitman says he pulled trigger in 2004 murder - not the man convicted - Fox 2 Detroit

VINCENT SMOTHERS TAKES STAND TO EXONERATE THELONIOUS SEARCY IN 2004 ... - voiceofdetroit

Wrongful Convictions: The Ugly Truth of Incentivized Informants

https://www.novilaw.com/2018/04/incentivized-informants/

Here is an aspect of criminal trial proceedings that rarely reach the consciousness of the general public. It almost never reaches the understanding of jurors: the snitch culture inherent in our criminal justice system. The reality is this. When you incentivize someone to lie, they will. This is especially true when that incentive is to receive money or get out of jail themselves. This is a huge problem in our criminal justice system. It is the leading cause of wrongful conviction in capital cases here in the US. Almost 50% of capital wrongful conviction cases were cases in which the defendant was convicted on the strength of an informant who had something to gain by falsely implicating the defendant. Many of these cases which have been studied afterward were found to have had no other evidence. In other words, if the informant hadn’t lied, the defendant would have almost certainly gone free....

Most of the time those incentives were not disclosed to the jury. Under our current laws, in most states, these incentives don’t have to be reported to the jury. In addition, the other thing that isn’t routinely done is to record witness statements or make an effort to corroborate whether a witness was fed information (intentionally or unintentionally) about the case by law enforcement....

Wrongful Convictions: The Reality of Incompetent Defense

https://www.novilaw.com/2018/04/incompetent-defense/

World DNA Day on April 25,

DNA’s Revolutionary Role in Freeing the Innocent

https://www.innocenceproject.org/dna-revolutionary-role-freedom

Celebrating World DNA Day: The History of DNA and its Unique Role in Proving Innocence

Safety from Plea-Bargains’ Hazards

https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1965&context=plr

In practice, only 3% of all federal cases go to trial, and only 6% of state cases. In the remainder, conviction is obtained through pleabargaining. Indeed, pleabargains are one of the central mechanisms facilitating false convictions.... A false conviction is a system error and accident just like a plane crash. But in criminal law, a Hidden Accidents Principle governs and almost all the false convictions are never detected. Therefore, not enough thought has been given to the system’s safety. Empiric studies based on the Innocence Project’s findings point to a very high false conviction rate: at least 5% for the most serious crimes. Regarding convictions based on pleabargains, the rate is probably significantly higher since the commission of the offense and the guilt of the accused are not proved by significant evidence....

Plea bargains in the United States create huge incentives for innocent people to plead guilty. It is generally acknowledged that innocent defendants are offered great enticements to falsely confess. The system also imposes a heavy quasifine on those who insist on going to trial a defendant who maintains his innocence is harshly punished, which impels the majority of defendants to confess regardless of actual guilt or innocence....

hundreds of cases of false convictions have been exposed through genetic testing, and empiric studies based on the Project’s findings, which point to a very high false conviction rate at least five percent for the most serious crimes (rape murder) and an apparently even higher rate for less serious crimes. Regarding convictions based on plea bargains, the rate is probably significantly higher since the commission of the offense and the guilt of the accused are not proved by significant evidence it is sufficient for the case to be closed with a conviction that the defendant confessed. When a defendant waives his right to a full trial and suffices with conviction in a pleabargain, he is also waiving the requirement to prove guilt beyond reasonable doubt, which is one of the principal mechanisms for preventing false convictions....

In other fields, the meaning of a “safety critical system” is well understood, and resources are, therefore, invested in modern safety methods, which reduce significantly the rate of accidents. ... In the criminal justice system, too, accidents happen false convictions. Therefore, this system must also be classified as a “safetycritical system.” Because such systems entail matters of life and death, any system error is likely to cause severe harm to both individuals and society. A false conviction is a system error and accident just like a plane crash, not only from a metaphorical perspective but also in the very realistic terms of economic cost.

However, in criminal law, a Hidden Accidents Principle governs the overwhelming majority of false convictions are never detected, which led to the erroneous assumption that they occur at an almost negligible rate and that the criminal justice system is almost perfect. Therefore, almost no thought has been given to safety in the system, and the criminal justice system lags far behind other areas...

Each year the U.S. criminal justice system produces millions of convictions of the guilty but, unfortunately, also tens of thousands of convictions of the innocent. In the present situation, there is a systematic infliction and perpetuation of the greatest injustice that the state routinely causes to its citizens the criminal conviction of the innocent. Fundamental reforms and changes are needed....

The researchers estimated that if all death sentenced defendants were to remain under sentence of death indefinitely, at least 4.1% would be exonerated, but concluded this to be “a conservative estimate” of the proportion of false convictions among death sentences in the United States, and that it is almost certain that the actual proportion is significantly higher. Moreover, a fascinating empirical study, initiated and funded by the State of Virginia, supports an even higher estimate of the false conviction rate about fifteen percent....

Convicting the innocent is an enormous injustice...

Even disregarding due process, if we want to preserve public faith in the criminal justice system so that it can continue to perform its function of crime control, it is vital that safety standards be implemented to decrease the rate of false convictions....

All the prosecutor has to do is to persuade the grand jury of probable cause, bringing to mind the famous quip (attributed to a judge) that any prosecutor can get a grand jury to “indict a ham sandwich.” Prosecutors also suffer from “selfserving bias.” The nature of their job leads them to conclude that defendants are guilty and to offer pleabargains that reflect that assessment. This can account for the practice of overcharging as a means of pressuring defendants to agree to a pleabargain, which is, in essence, blackmail....

On the other hand, as the rate of convictions is high, it is not surprising that almost all defendants prefer to confess in a pleabargain, regardless of actual guilt or innocence, having lost hope of acquittal at trial. To illustrate, in cases of widespread police corruption, such as the Los Angeles Police Department Rampart scandal and Tulia scandal, in which scores of innocent defendants were charged and brought to trial, the majority of the defendants pleaded guilty. In the Rampart scandal, for example, a corrupt police detective revealed how he and his colleagues had incriminated defendants by fabricating evidence and giving false testimony, among other things....

Eighty one percent of those convicted confessed in a pleabargain, despite their actual innocence. Should they have done otherwise? Not necessarily. In the Tulia case, for example, a defendant who falsely confessed in a pleabargain received, on average, a four year prison sentence, as opposed to fifty one years for a defendant who maintained innocence. The system thus imposes a heavy quasifine on those who insist on going to trial; a defendant who maintains his innocence is harshly punished, which impels the majority of defendants to confess regardless of actual guilt or innocence....

It can be assumed that in many cases, the evidence against an innocent defendant will be weaker than the evidence against another defendant; without the option of pleabargaining, then, many cases against innocent defendants will not go to trial and will be closed. Hence, we can see how the pleabargaining system is what facilitates the indictment of many defendants, and without this system, it is reasonable to assume that the majority would never be charged...

IV. Safety Measures...strengthen the current prescreening procedures for indictments... defendant’s right to a fair pleabargain offer... supervision of the prosecution’s policy for determining the divergence between the punishment offered in a pleadeal and that expected if convicted at trial... establish an external body to supervise prosecutors, a policy not to make pleabargains when there is no significant evidence of the defendant’s guilt.... expand pretrial discovery... the economic relationship between the defense attorney and his or her client be restructured....

when an innocent person has been wrongly accused, the pleabargain is a very unfair contract, and in no way a compromise but rather a terrible submission. When a defendant is innocent (and, probably, also in the case of a guilty defendant), pleabargaining can be a terrible infliction of psychological torture...

The Unaccountability of Prosecutors Is a Problem, but It Could Be a Part of the Solution

http://www.insidesources.com/unaccountability-prosecutors-problem-part-solution/

Incumbent district attorneys win an eye-popping 95 percent of the time – a feat no doubt made easier by the fact that 85 percent are unopposed in general elections, and only a small minority face primary challenges. Even for local elections, this is exceedingly anomalous. State legislators, for example, face uncontested elections only 35 percent of the time, less than half as often as district attorneys. This almost unassailable electoral position is coupled with a unique freedom to act unilaterally. Unlike legislators who must build consensus, or a governor who can be undone by a recalcitrant legislature, elected prosecutors have few checks on their ability to implement policy. Legislators in particular must also be wary of a slow and uncertain process that can leave a measure stalled, thereby accruing to them the costs of a politically risky stance without any of the potential benefits that come with implementation. Conversely, district attorneys can rest assured that once they make a leap of faith toward good policy, few can prevent them from reaching it. All of this results in district attorneys who are virtually untouchable by voters and fellow political actors alike. ...

The day will hopefully come when district attorneys are actually accountable to the people that they represent. Until then, however, there’s no reason we shouldn’t expect them to do more. After all, it doesn’t take much courage to walk into the line of fire when you’re bulletproof.

June 27 is National Post-Traumatic Stress Disorder (PTSD) Awareness Day in the United States

National PTSD Awareness Day: Exoneree Ginny Lefever Shares Illuminating Research on PTSD and Wrongful Convictions

https://www.innocenceproject.org/exoneree-ginny-lefever-shares-illuminating-research-on-ptsd/

June 27 is National Post-Traumatic Stress Disorder (PTSD) Awareness Day in the United States. In recognition of the day and the month of June, which has been deemed PTSD Awareness Month by the National Center for PTSD, the Innocence Blog spoke with Ginny Lefever, an Ohio exoneree who has been conducting research around PTSD and its relation to people who’ve been wrongfully convicted. Lefever is one of the only people in the country focusing on this issue...

Has Plea Bargaining Pushed the Sixth Amendment Right to Trial to the Brink of Extinction? A New Report Says Yes

http://witnessla.com/plea-bargaining-has-pushed-the-sixth-amendment-right-to-trial-to-the-edge-of-extinction-says-a-new-report/

John Adams, the nation’s second president, expressed the essential nature of the jury trial in dramatic terms. “Representative government and trial by jury are the heart and lungs of liberty,” Adams wrote just before the Revolutionary War. “Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds.”

Thomas Jefferson expressed a similarly strong opinion, although he phrased it slightly more elegantly. “I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”...

trial by jury has declined to the point that it now occurs in less than 3% of federal criminal cases. In state cases, that figure hovers at around 6%....

trials have been replaced by a “system of [guilty] pleas,” which have all but obliterated the role that the framers envisioned for jury trials “as the primary protection for individual liberties and the principal mechanism for public participation in the criminal justice system.”...

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2016/FY15_Overview_Federal_Criminal_Cases.pdf

the fears and pressures defendants commonly face in the plea bargaining process are so overwhelming, that in an alarming number of instances, innocent people decide to plead guilty to crimes they did not commit.... “I plead guilty out of being scared.” ... “deceived and coerced into pleading guilty.”...

As U.S. District Court Judge, Jed S. Rakoff, wrote in a 2014 essay for the New York Review of Books—the new guidelines and mandatory minimums provided “prosecutors with weapons to bludgeon defendants into effectively coerced plea bargains.”... The problem was that, when it came to plea bargaining, the new sentencing structures suddenly handed prosecutors a disproportionate amount of power....

The bottom line, Dervan wrote, is that the U.S. justice system has a “significant innocence problem,” which in turn “indicates that the Brady safety-valve has failed.” As a result, “the constitutionality of modern-day plea bargaining is in great doubt.”...

Punished for Crimes Not Proven

https://www.themarshallproject.org/2018/07/23/punished-for-crimes-not-proven

Critics object that the use of “acquitted conduct” to justify longer sentences empowers prosecutors and judges to ignore the judgment of the jury, to base sentences on facts rebuffed by the citizens in the jury box. Those critics include one of Bell’s jurors and Court of Appeals Judge Brett Kavanaugh, the current nominee to the U.S. Supreme Court.

“Allowing judges to rely on acquitted or uncharged conduct to impose higher sentences than they otherwise would impose seems a dubious infringement of the rights to due process and a jury trial,” Kavanaugh wrote about Bell’s case in 2015....

Wrongful Misdemeanor Convictions: Who's Counting?

https://thecrimereport.org/2018/07/25/wrongful-misdemeanor-convictions-whos-counting/

About 13.2 million misdemeanor cases are filed annually, but no estimates exist for how many yield convictions, let alone how many of those convictions might be false. To date, the National Registry of Exonerations, a project that seeks to track false convictions to prevent future errors, has tallied 85 misdemeanor exonerations in the last 29 years – about four percent of the total 2,145 exonerations since 1989, the rest of which are felonies.

But this low count is not to say that misdemeanor false convictions are less common than felony false convictions. The exonerations are simply more unlikely....

In the majority of misdemeanor exoneration cases, the defendant was convicted after accepting a plea deal. “Plea bargaining is the great American method of sweeping problems in criminal cases under the rug,” Gross writes. “The defendant’s constitutional rights were violated? No problem; offer him a good enough deal, he’ll plead guilty, and that’ll be the end of it. The evidence of guilt stinks? If you reduce the charges enough he’ll probably go for it, and we’ll never have to present any evidence.”

But if defendants know they are innocent, why would they plead guilty? In most cases, Gross says, a plea bargain is the quickest route home.

“In the usual case, the defendant had a criminal record. As a result, bail was too high for him to make. If he pled not guilty, he’d wait months for a trial, in jail – and then might be sentenced to years in prison if convicted,” he writes.

“It’s not surprise that given the choice, many pled guilty and went home within days or weeks, or immediately.”

While guilty pleas get defendants out of jail more quickly, they also create an additional obstacle to exoneration:...

Access Denied: The Digital Crisis in Prisons

https://thecrimereport.org/2018/08/06/access-denied-the-digital-crisis-in-prisons/#

“…the entire system seems to prevent indigent prisoners from obtaining meaningful review of constitutional violations: undereducated prisoners, prisoners with mental disorders, unreliable memories of trial court proceedings, under-trained and under-educated law clerks, ‘psych inmates’ working as law clerks, law libraries with meager resources, restricted access to these law libraries, law clerks, and jailhouse lawyers—the list goes on.” Thomas C. O’Bryant. ...

Because of Lewis v. Casey, it’s nearly impossible for prisoners to prove a prison’s lack of resources hindered their access to court, which is why similar lawsuits are routinely tossed. ... Regulations vary state to state. For example, Hawaii’s prison policy only guarantees inmates at least three hours per week at the law library, with “the possibility” of three additional hours if an inmate has a verified lawsuit in court. Nevada allows inmates one pen per month. Pennsylvania charges $1.50 for a copy of a government form....

For the most part, legal assistance is provided by fellow inmates who take a class and work as “inmate law clerks.” Vermont even trains inmates to serve as ILLs, or “Inmate Law Librarians.” If you’re lucky to know a jailhouse lawyer, that can help. But states like Florida or Utah have bans on inmates possessing another’s legal materials, making it difficult for inmates to assist others....

“The basic thing is that most judges regard these people as kind of trash not worth the time of a federal judge,” former 7th Circuit Court of Appeals Judge Richard Posner told The New York Times last year after announcing he was retiring so he could dedicate his life to helping pro se litigants....

Capital Punishment Crimes in Texas Explains Dallas Criminal Lawyer

http://www.digitaljournal.com/pr/3929178

According to a study, “Rate of False Conviction of Criminal Defendants Who Are Sentenced to Death,” published in the Proceedings of the National Academy of Sciences, 1 in 25 people sentenced to death are innocent. To put it another way, that means 4.1 percent of all death row inmates are not guilty. Based on that data, the study’s authors, who are law professors at the University of Michigan, say it’s certain that states have executed people who were innocent... The authors point out that wrongful convictions are actually much more common than many people realize. In the case of capital convictions, the stakes can’t get any higher.

kangaroo court

https://www.merriam-webster.com/dictionary/kangaroo%20court

1 : a mock court in which the principles of law and justice are disregarded or perverted

2 : a court characterized by irresponsible, unauthorized, or irregular status or procedures

Kangaroo court

https://en.wikipedia.org/wiki/Kangaroo_court

A kangaroo court is a court that ignores recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides. The term may also apply to a court held by a legitimate judicial authority who intentionally disregards the court's legal or ethical obligations. The defendants in such courts are often denied access to legal representation and in some cases, proper defense.

Prejudicial bias of the decision-maker or from political decree are among the most publicized causes of kangaroo courts. Such proceedings are often held to give the appearance of a fair and just trial, even though the verdict has in reality already been decided before the trial has begun.

A kangaroo court could also develop when the structure and operation of the forum result in an inferior brand of adjudication. A common example of this is when institutional disputants ("repeat players") have excessive and unfair structural advantages over individual disputants ("one-shot players").

DNA evidence comes full circle

http://www.morningsun.net/opinion/20181026/matthew-t-mangino-dna-evidence-comes-full-circle

DNA has opened the door to wrongful arrests and convictions. The emerging concern, long considered a theoretical risk but only now confirmed by a variety of studies, is that the presence of DNA does not prove that a suspect actually visited the scene or directly touched the object in question. DNA can be transferred by other means. DNA analysis once required substantial samples of blood or other bodily fluids in order to create a DNA profile. However, technological advances in the study of DNA now make it possible to produce a complete genetic profile of a suspect from just a few cells found on a victim or object....

~ DNA transferred from an individual to an object ~ DNA can also be transferred from the touched object to a second person. This phenomenon, known as secondary DNA transfer, should have thrown up an immediate red flag in the world of forensic DNA analysis ~ it did not. Twenty-one years later ~ with DNA analysis evolving rapidly ~ there has been an alarming lack of analysis of secondary transfer by forensic scientists....

The study concluded that secondary transfer of DNA through intermediary contact is far more common than previously thought, a finding that could have serious implications for the criminal justice system.

Cale’s experiment included people exchanging long handshakes immediately prior to handling knives. When each knife was tested, the DNA of the person who handled it was found in almost every case. However, 85 percent of the time the tests found the DNA profile of a person who never touched the knife. Perhaps even more shocking was that 20 percent of the time, the non-touching person came back as the primary and in some cases, the only contributor of DNA....

Search Collateral Consequences Database by State...

National Inventory of Collateral Consequences of Conviction resource

https://niccc.csgjusticecenter.org/

Collateral consequences are legal and regulatory sanctions and restrictions that limit or prohibit people with criminal records from accessing employment, occupational licensing, housing, voting, education, and other opportunities.

The new National Inventory of Collateral Consequences of Conviction resource, launched today by the National Reentry Resource Center and the CSG Justice Center, compiles thousands of state and federal statutes into a searchable database, making it easier to identify these obscure regulations that can be triggered by a particular conviction.

BOR Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Neuroscientists Make a Case against Solitary Confinement

https://www.scientificamerican.com/article/neuroscientists-make-a-case-against-solitary-confinement/

Robert King spent 29 years living alone in a six by nine-foot prison cell. He was part of the “Angola Three”—a trio of men kept in solitary confinement for decades and named for the Louisiana state penitentiary where they were held. ... “People want to know whether or not I have psychological problems, whether or not I’m crazy—‘How did you not go insane?’” King told a packed session at the annual Society for Neuroscience meeting here this week. “I look at them and I tell them, ‘I did not tell you I was not insane.’ I don’t mean I was psychotic or anything like that, but being placed in a six by nine by 12–foot cell for 23 hours a day, no matter how you appear on the outside, you are not sane.”

There are an estimated 80,000 people, mostly men, in solitary confinement in U.S. prisons. They are confined to windowless cells roughly the size of a king bed for 23 hours a day, with virtually no human contact except for brief interactions with prison guards. According to scientists speaking at the conference session, this type of social isolation and sensory deprivation can have traumatic effects on the brain, many of which may be irreversible. Neuroscientists, lawyers and activists such as King have teamed up with the goal of abolishing solitary confinement as cruel and unusual punishment....

Our Justice System Creates Incentives for Wrongful Convictions

https://globenewswire.com/news-release/2018/11/13/1650623/0/en/Our-Justice-System-Creates-Incentives-for-Wrongful-Convictions.html

A fair trial is a constitutional right, but incentives and election pressures for prosecutors reward quick convictions that can sometimes put innocent people behind bars. The attorneys at McNeely Stephenson said reform is needed,... “Too many times prosecutors go after innocent people to drive up their conviction rates and manage case load,” said Larry Church. “Not everyone who is arrested is guilty, but the pressure for innocent people to settle a case and admit guilt to avoid jail time is very real.”...

A 2009 study by the Bureau of Justice found that 66 percent of those charged with felonies were convicted, while only 1 percent were acquitted. In most cases, defendants were pressured to settle rather than go to trial. “Most of the time, prosecutors are not acting with malice when achieving these convictions,” said Marc Tawfik. “Rather, they know how to work the justice system in their favor and are rewarded for upholding ‘safety’ even if that means making an error.”...

False rape claims have little impact on wrongful convictions – study

https://app.secure.griffith.edu.au/news/2018/11/22/false-rape-claims-have-little-impact-on-wrongful-convictions-study/

false rape allegations reduce the odds of a wrongful conviction by nearly 10 times.... researchers compared case outcomes using a sample of 207 criminal cases involving innocent people who were wrongfully indicted. Within the American criminal justice system, indictment is the formal charging of a person for a crime.... The team found 32 (15.5%) of the sample cases involved a false rape allegation. However, there was a clear difference in case outcome. Just four percent of the wrongful conviction cases stemmed from a false allegation, as opposed to an unintentional implication, such as mistaken identification or false confession. Comparatively, 45.6% of the near misses emanated from a false allegation....

Scrapping juries in rape trials risks rise in miscarriages of justice

https://www.theguardian.com/commentisfree/2018/nov/22/scrapping-juries-rape-trials-miscarriages-justice

Ann Coffey MP is the latest to suggest that “rape myths” that play down the seriousness of sexual violence are leading jurors to acquit too many defendants, and suggested that rape trials should thus be decided without them.... The easier it becomes to convict, the greater the risk of miscarriages of justice. A 2013 CPS report found that in 17 months there were 38 prosecutions for making false allegations of rape. This will underestimate the problem, as the CPS does not always prosecute in such cases. ... there is no evidence that juries are wrongly deciding cases. More research in this area would be helpful....

Rape is defined as when person A intentionally penetrates the vagina, anus or mouth of person B with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents. Cases that turn on the defendant’s belief in consent or, in cases relating to non-recent allegations, whether sexual intercourse took place at all, are very difficult to prove. If a jury is not “satisfied so you are sure” of a defendant’s guilt, then it must acquit.... Nothing suggests that other decision-making panels are more likely to be immune from prejudice. A single judge or panel of experts may become case-hardened. In a criminal justice system driven increasingly by statistics, there is a danger that judges would feel under pressure to “improve” their conviction rates...

Wrongfully Convicted People Have No Idea They’re Owed Thousands back In Taxes (HBO)

https://eblnews.com/video/wrongfully-convicted-people-have-no-idea-theyre-owed-thousands-back-taxes-hbo-570279

the government owes them back taxes, sometimes to the tune of hundreds of thousands of dollars.

For years, some exonerees who were compensated for their time in prison had to pay federal income taxes on that money. That changed in 2015 with the Wrongful Conviction Tax Relief Act. Congress made the law retroactive, meaning exonerees could apply for refunds — but it didn’t come up with a way to let people know they were entitled to the money.

FORMER PROSECUTOR: My Colleagues Coerce Innocent People — Like Flynn — To Plead Guilty Every Day

https://dailycaller.com/2018/12/17/prosecutors-michael-flynn/

Countless people, including a former federal prosecutor, seem oblivious to one of the greatest abuses, outrages, and tragedies of our criminal justice system: innocent people are forced to plead guilty every day.... This horrific injustice is solely attributable to the unchecked power of prosecutors who now function as prosecutor, judge, jury, and executioner. They have unfettered discretion, no supervision, no limits, and most federal judges defer to them at every turn.... The beating you take with a guilty plea is less than the beating you take if you — like Paul Manafort — dare to fight, find yourself in the literal torture of solitary confinement, and have your friends, family, and business associates harassed, threatened, and indicted. ...

Michael Flynn had to sell his house, has insurmountable legal fees, was undoubtedly threatened with life in prison, and a prolonged trial on a massive multi-count indictment that would, if nothing else, tarnish his reputation forever....

Prosecutors send innocent people to prison every day — whether by guilty plea or wrongful conviction. Prosecutors withhold evidence of innocence, they destroy evidence, and they have absolute immunity. This must change now. For the doubters out there, and there are many, please educate yourselves. Here’s the truth. ... There are innocent people in our prisons right now — many on guilty pleas. Selective political persecutions with concocted crimes against people who have been targeted is contrary to everything the Department of Justice is supposed to represent. It is imperative that we not send another one.

The Economics of Bail and Pretrial Detention

ECONOMIC ANALYSIS DECEMBER 2018

http://www.hamiltonproject.org/assets/files/BailFineReform_EA_121818_6PM.pdf

The economics of money bail systems generate additional convictions, through plea deals mostly, that undermine justice...

Beware of the ‘magic box’ for DNA testing

https://www.postandcourier.com/opinion/commentary/beware-of-the-magic-box-for-dna-testing/article_6b761580-2334-11e9-b1e6-930b00b8a419.html

This year, the FBI will roll out a national Rapid DNA network with police using portable DNA testing in a “magic box”... Additionally, the police officers operating these magic boxes do not necessarily get any training on how to collect DNA or test it properly. They are not trained scientists working at a crime lab, and may not be operating under any quality controls.... While testing a single swab from a person can be simple, these machines cannot interpret crime scene DNA samples, which can contain DNA mixtures from an unknown number of people. The few studies done of these machines have suggested high error rates, including the capability to destroy samples. ... As we extend these capabilities to police departments and outside the lab, we cannot escape how poorly regulated forensics are in this country. Indeed, the National District Attorney’s Association has said it opposes the use of Rapid DNA machines except by experienced DNA analysts at accredited crime labs....

One Lawyer, 194 Felony Cases, and No Time

https://www.nytimes.com/interactive/2019/01/31/us/public-defender-case-loads.html

Right now, courts allow an individual to claim, after they lose, that they received an ineffective defense. But the bar is high. Some judges have ruled that taking illegal drugs, driving to court drunk or briefly falling asleep at the defense table — even during critical testimony — did not make a lawyer inadequate. It is even harder to make the argument that the sheer size of lawyers’ caseloads makes it impossible for them to provide what the Constitution requires: a reasonably effective defense.... Now, reformers are using data in a novel attempt to create such a standard. The studies they have produced so far, in four states, say that public defenders have two to almost five times as many cases as they should.... In Courtroom 4C, the Lucky Ones Get Five Minutes. Others might have gotten a minute.... persuade judges to take a more active role and give public defenders more justification to limit their caseloads....

Commit a serious crime in the United Slaves and you will get away with it at least 80% of all cases. Chances are of the 20% that are charged some other innocent person will be charged for your crime...

Arrest Trends

https://arresttrends.vera.org/

Arrests, Demographics, Clearance Rates,

In 2016, an estimated 10,662,252 of arrests were made in the United States for all offenses.

In 2016, an estimated 4.83% of the United States' arrests were made for violent offenses.

[Violent offenses include false accusations where slave patrol coerces ho to say john slave threatened her.]

In 2016, a reported 21.70% of all Part I crimes (serious crimes, excluding arson) were cleared by arrest in the United States. [My guess this includes false arrests/wrongful convictions.]

In 2016, 32.22% of police agencies in the United States reported none of their arrest

data to the FBI. Agencies reported 8.28 months’ worth of their data on average.

From 1980-2016, the proportion of United States police agencies that reported none of their arrest data to the FBI increased by 63.29%.

Sleepy Suspects Are Way More Likely to Falsely Confess to a Crime

https://www.smithsonianmag.com/science-nature/sleepy-suspects-are-way-more-likely-falsely-confess-crime-180958073/

But when someone confesses, a guilty verdict seems justified. No suspect would ever admit to a crime they didn't commit … right? Guess again. Studies have shown that false confessions contribute to as much as a quarter of known wrongful convictions. Now, the latest work suggests that a good amount of those false confessions may be due to a common interrogation technique: sleep deprivation. Interrogators sometimes resort to extreme, morally questionable measures to extract criminal confessions, including deafening noise, intense emotional manipulations and withholding food, water and rest.

“Many of these interrogations involve these extreme techniques,” says study coauthor Elizabeth Loftus, a psychology and social behavior professor at the University of California, Irvine. “Given that many people are often interrogated when they are sleepy after long periods of staying up, there is a worry that investigators may be getting bad information from innocent people.”...

Keeping the Lights On

https://www.vera.org/in-our-backyards-stories/keeping-the-lights-on

He admitted that the county built big to help cover costs. “If you’re going to build [a jail], you might as well build it to make a little revenue.” He said that the Harlan jail yearly budget is around $2.8 million, and that the county brings in anywhere from $1.8 to $1.9 million from the state for holding DOC prisoners. ...

Mary Hammons, a retired elementary school teacher, has been the jailer of Knox County, west of Harlan, since 2010. She was elected after her husband, the previous jailer, died. Standing outside the Knox County jail in the center of Barbourville, she spoke of the impact of reduced coal severance tax revenue on her county and its jail. “We lost money,” she said. “It affected the budget. You can imagine what it does to the schools.” She added, “Whatever we’re doing [with the jail] has to be done.”...

ADD IN 95% OF ALL DEFENDANTS PLEAD GUILTY MANY WHOM ARE INNOCENT OF THE CHARGE ARE WRONGFULLY CONVCITED WITH FALSE CRIMINAL HISTORY HAVE COMMITTED NO CRIME LET ALONE IT BEING VIOLENT ALBEIT HE IS DEEMED VIOLENT BY HIS WRONGFUL CONVICTION HE FELT FORCED TO PLEAD TO...

Many “Violent Offenders” Have Committed Nonviolent Crimes

https://www.themarshallproject.org/2019/04/03/when-violent-offenders-commit-nonviolent-crimes

Yet in reality, many of the “violent offenders” in U.S. prisons are there for crimes that not everyone would classify as violent. ... In Kentucky, committing “Possession of Anhydrous Ammonia in an Unapproved Container with Intent to Manufacture Methamphetamine” a second time puts you in a “violent” category under the law—and you’ll face 20 to 50 years in prison. In Minnesota, aiding an attempted suicide is listed as violent, as is marijuana possession (depending on the amount). In North Carolina, trafficking a stolen identity and selling drugs within 1,000 feet of a school or playground are both violent crimes, according to the state’s “habitual violent offender” statute. And in New York, it’s deemed a violent felony to simply possess a loaded gun illegally—with “loaded” defined as simply being in possession of bullets. These crimes differ from ones like accidental vehicular homicide or “felony murder,” in which the perpetrator never intended to hurt or kill someone but still did, or participated in doing so.... Moreover, prosecutors often "up-charge," too—for example, they may charge the act of getting into a bar fight as “assault with intent to kill,” or say that holding someone up with a squirt gun is armed robbery.... But in this country, he pointed out, only about 3 percent of the millions of burglaries that take place every year involve any actual violence against a human being....

Can We Fix Mass Incarceration Without Including Violent Offenders?

https://www.themarshallproject.org/2019/12/12/can-we-fix-mass-incarceration-without-including-violent-offenders

These conversations have yet to produce comprehensive proposals aimed specifically at violent offenders, who make up roughly half the nation’s prison population. But advocates say reversing mass incarceration is impossible without including them, and the idea should not scare politicians or the public. They point to growing research that indicates most people “age out” of violent crime after their 20s and 30s, and to the fact that many states classify as violent some drug crimes and other offenses most Americans do not consider violent. ...

The violent/non-violent dichotomy reflects language that’s been baked into criminal justice reform since it began creeping into the political mainstream in the late 2000s. ...The analysis found that a majority of Americans think it’s “important for the country to reduce its prison populations”, but also that “frequent labeling of crimes as ‘violent’ or ‘nonviolent’ in the public discourse may have created an unhelpful dichotomy in the minds of most Americans.”...

Cory Booker said of the violent/non violent separation: “we need to challenge that [distinction] publicly.” He noted for one, that the “violent” label has become “warped” from what the general public assumes it means, a point Elizabeth Warren echoed at another criminal justice forum last month. For example, in states like North Carolina and Minnesota drug crimes can be categorized as violent based on the quantity involved or location where they are committed. Warren said she “started out where everybody did, [saying] ‘let's talk about the non-violent offenders,’” but was startled to learn that “things that never would have crossed my mind as a violent offense get put on the violent side of the dividing line.”...

2% to 10% of reported rape are factually proven false by investigation. Thus, the actual false rape cases are in fact much higher. Some studies claim 40% rape cases are false, and 80% DV cases are false...

Title IX changes give more rights to people accused of ‘sexual misconduct’

https://theorion.com/79569/news/title-ix-changes-give-more-rights-to-people-accused-of-sexual-misconduct/

Chico State and many other schools across California are revising their sexual assault protocol after a state appellate court ruled that students arraigned of sexual misconduct have new rights to protect them against false accusations....

According to the National Sexual Violence Resource Center, of reported rape cases, between 2 and 10% of them are false. However, the definition of a false accusation changes state-to-state, so it can be unclear what the real number is. NSVRC defines a false accusation as a “reported crime to a law enforcement agency that an investigation factually proves never occurred.”...

Don't believe your ears: 'enhancing' forensic audio can mislead juries in criminal trials

https://menafn.com/1098348078/Dont-believe-your-ears-enhancing-forensic-audio-can-mislead-juries-in-criminal-trials

When indistinct audio is admitted as evidence, Australian (and other) courts allow the jury to be given an 'enhanced' version to assist their hearing. ... Participants who were primed by the transcript while listening to the enhanced audio were more likely (63% vs 24%) to accept more of the phrases more confidently than those listening to the original. That would show a good effect of enhancing if the transcript were a reliable account of what was actually said. But is it? To answer that, consider where the phrases came from... There is good evidence the phrases originate from police...In trials, as in the movie, listeners hear an enhanced version of indistinct audio with the 'assistance' of a police transcript....Audio enhancing can sometimes be useful . It can also be ineffective. or even misleading....

But the experiment shows that making audio 'clearer' can have the opposite effect to the one intended. That's because less noisy audio makes an unreliable transcript seem more believable than it does in the original. This exacerbates the already serious problem of inaccurate police transcripts providing misleading evidence to juries....

The Jumpsuit Project

https://carolinianuncg.com/2019/04/24/intercultural-lecture-series-the-jumpsuit-project/

“the going rate to help someone fight for their innocence and overturn a wrongful conviction is an easy $150,000 – $200,000. It’s an expensive thing to fight for and something you should not have to pay for. Your honesty. Your truth.” ...

Without any evidence, only an accusation that he did this, Roland was left needing to find evidence to prove he did not do it. This begs the question, is it really innocent until proven guilty, or guilty until proven innocent? ...

DNA, ID, search and rescue, crime

http://www.homelandsecuritynewswire.com/dr20190424-abundance-of-dna-evidence-insufficient-to-prevent-wrongful-convictions

DNA testing is now commonly used at the front end of the criminal process to weed out the innocent before a case even gets to trial. That means post-conviction DNA exonerations of inmates will inevitably dwindle to almost nothing; many of the DNA cases that generate headlines concern prisoners convicted years ago. But a decline in DNA exonerations will not signify that the system has become error-proof. Rather, the factors that initially gave rise to those wrongful convictionswill remain and infect criminal cases that lack biological evidence suitable for DNA testing at all. Only an estimated 10 to 20 percent of criminal cases have testable biological evidence at all; what’s more, that evidenceis often lost, destroyed, or degraded over time. So, I think we need to capitalize on the lessons learned from the DNA era to reform the underlying sources of error for all cases. And we need to do this before the rate of DNA exonerations wanes too much and the public gets the misimpression that the innocence problem is fixed.

TV Series of actual real exonerations...

Proven Innocent Season 1 Episodes

http://proven-innocent-season-1-episode-11-official-fox.over-blog.com/sdfswgratehj

USA TERRORISTS USING DEATH THREATS AGAINST ITS SLAVES AND POW's. TAMPERING AND OBSTRUCTION, ETC ETC... PLEAD GUILTY NIGGAZ OR WE GONNA HANG YA...

Wrongful Use or Threat of Capital Prosecutions Implicated in Five Exonerations in 2018

https://deathpenaltyinfo.org/node/7375

At least five people were exonerated in 2018 after having been wrongfully convicted in cases that involved the misuse or threatened use of the death penalty,...

NORTH DAKOTA, AND USA = DOMESTIC AND FOREIGN TERRORISTS AND CRIMINALS. THE BIGGEST HYPOCRITS ARE THE BIGGEST OFFENDERS. USA SHOULD BE BROUGHT BEFORE A WORLD COURT AND PROSECUTED FOR CRIMES AGAINST HUMANITY, AND VIOLATIONS OF LAWS AND CONSTITUTION

SIMPLY PUT TORTURE IS ANY PHYSICAL AND MENTAL HARDSHIP APPLIED TO FORCE ANOTHER.

TORTURE AS USED BY LEGAL ENTITIES ARE HARDSHIPS APPLIED TO DEFENDANTS TO FORCE THE DEFENDANT, REGARDLESS HOW INNOCENT, TO COMPLY WITH PROSECUTION AND LAW ENFORCEMENT. THIS LEGAL TORTURE IS USUALLY TO OBTAIN ANY INFORMATION, REGARDLESS HOW FALSE, AS WELL AS TO EXTRACT GUILTY PLEAS FROM DEFENDANTS, REGARDLESS OF INNOCENCE.

IT IS AN AGREED UPON TECHNIQUE FORBIDDEN WORLDWIDE YET USED MULTIPLE TIMES EVERYDAY IN THE UNITED SLAVES. TORTURE IS EVIDENT IN USA BY A 95% TO 99% GUILTY PLEA RATE, AND ITS WORLDS LARGEST INCARCERATION RATE. LETS BE HONEST HOW MANY PEOPLE ARE GOING TO VOLUNTARILY SAY THEY DID SOMETHING WRONG EVEN IF THEY ARE? ADD TO THAT HOW MANY PEOPLE WILL SAY THEY DID SOMETHING WRONG EVEN WHEN THEY DID NOT? SOME FORM OF TORTURE IS USED TO FORCE PEOPLE TO DO THIS...

A legal definition of torture

https://www.apt.ch/en/what-is-torture/

Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is the internationally agreed legal definition of torture:

"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

This definition contains three cumulative elements:

the intentional infliction of severe mental or physical suffering

by a public official, who is directly or indirectly involved

for a specific purpose.

Other international and regional treaties, as well as national laws, can contain broader definitions of torture, covering a wider range of situations. ...

Torture

https://en.wikipedia.org/wiki/Torture

the act of deliberately inflicting severe physical or psychological suffering on someone by another...

Reasons for torture can include punishment, revenge, extortion, persuasion, political re-education, deterrence, coercion of the victim or a third party, interrogation to extract information or a confession irrespective of whether it is false, or simply the sadistic gratification of those carrying out or observing the torture. Alternatively, some forms of torture are designed to inflict psychological pain or leave as little physical injury or evidence as possible while achieving the same psychological devastation....

Although torture is sanctioned by some states, it is prohibited under international law and the domestic laws of most countries. Although widely illegal and reviled, there is an ongoing debate as to what exactly is and is not legally defined as torture...

UN Convention Against Torture

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is currently in force since 26 June 1987, provides a broad definition of torture. Article 1.1 of the UN Convention Against Torture reads:

For the purpose of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.

This definition was restricted to apply only to nations and to government-sponsored torture and clearly limits the torture to that perpetrated, directly or indirectly, by those acting in an official capacity, such as government personnel, law enforcement personnel, medical personnel, military personnel, or politicians. It appears to exclude: torture perpetrated by gangs, hate groups, rebels, or terrorists who ignore national or international mandates; random violence during war; and punishment allowed by national laws, even if the punishment uses techniques similar to those used by torturers such as mutilation, whipping, or corporal punishment when practiced as lawful punishment. Some professionals in the torture rehabilitation field believe that this definition is too restrictive and that the definition of politically motivated torture should be broadened to include all acts of organized violence. ...

Inter-American Convention to Prevent and Punish Torture

The Inter-American Convention to Prevent and Punish Torture, which is in force since 28 February 1987, defines torture more expansively than the United Nations Convention Against Torture. Article 2 of the Inter-American Convention reads:

For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.

U.S. Code § 2340

Title 18 of the United States Code contains the definition of torture in 18 U.S.C. § 2340, which is only applicable to persons committing or attempting to commit torture outside of the United States. It reads:

As used in this chapter—

(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—

(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) “United States” means the several states of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

"What right, then, but that of power, can authorise the punishment of a citizen, so long as there remains any doubt of his guilt? The dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomes useless, as his confession is unnecessary.

If he be not guilty, you torture the innocent; for, in the eye of the law, every man is innocent, whose crime has not been proved. Besides, it is confounding all relations, to expect that a man should be both the accuser and accused; and that pain should be the test of truth, as if truth resided in the muscles and fibres of a wretch in torture. By this method, the robust will escape, and the feeble be condemned. These are the inconveniencies of this pretended test of truth, worthy only of a cannibal;..."

"Torture is used to make the criminal discover his accomplices; but if it has been demonstrated that it is not a proper means of discovering truth, how can it serve to discover the accomplices, which is one of the truths required. Will not the man who accuses himself, yet more readily accuse others? Besides, is it just to torment one man for the crime of another?"

Cesare Beccaria

MARSY'S LAW IS THE ANTI BILL OF RIGHTS...

‘Marsy’s Law’: The Push to Constitutionalize Crime Victims’ Rights

https://www.cato.org/publications/commentary/marsys-law-push-constitutionalize-crime-victims-rights

Marsy’s Law so far impinge on legitimate rights of criminal defendants, constitutionalize issues better left to resolution by judges or lawmakers, and create ongoing tension with the presumption of innocence....

Underlying several of these problems is a point made by Buting above: “In many cases whether the accuser is a ‘victim’ is only decided after a trial.” To be accorded rights before that point may presume the outcome, and can also give a complainant or accuser valuable leverage....

The function of criminal prosecution cannot be to validate the victim’s suffering. It must instead be to ascertain the truth as best as possible and impartially carry out the legal consequences on the guilty.

In short, there are very good reasons why the Framers included in the Constitution and Bill of Rights many protections for criminal defendants, but relatively few for victims. We forget that wisdom at our peril.

DNA testing developing, strengthening wrongful conviction cases

https://www.theindianalawyer.com/articles/50518-dna-testing-developing-strengthening-wrongful-conviction-cases

Fingerprint science, for example, cannot yet identify one specific individual. Watson told the story of a federal employee who was told he had just been given access to his building via his fingerprint. The problem, she said, was that the employee had been accessing the building with “his” finger for months, the system apparently believing his prints were someone else’s.

Individual hair samples likewise cannot individualize a suspect, Watson said. Each person has many different types of hairs on their heads, and what’s more, hair-based suspect matches have later been refuted....

The importance of developing science, Watson said, is that jurors will believe what they are told the science tells them. Thus, if faulty science is unwittingly presented to jurors, they will rely heavily on that misinformation when deciding whether to convict.

“I’ll ask jurors, ‘Why did you convict?’ and they say, ‘The science said so,’” Watson said. “But the science didn’t say so.” ...

PEOPLE ARE MOVED MORE BY EMOTION THAN BY FACTS. WHAT DOES THAT TELL YOU ABOUT DEMOCRACY...

Netflix influence on wrongful convictions

http://today.ku.edu/2019/06/24/public-opinion-wrongful-convictions-swayed-entertainment-series-study-finds-1

But a new study suggests entertainment programs about cases of wrongful conviction actually change public opinion more effectively than facts or statistics.... The Topeka native explains that giving people only statistics makes them view cases as a general societal problem. But presenting a specific case narrative, which he terms an “episodic frame,” compels them to focus more on a particular individual and situation. “It can also prompt these more emotional reactions that lead people to seek bigger policy changes. It’s on the narrative we see the bigger effect on death penalty attitudes and supporting policy reforms that mitigate a likelihood of wrongful convictions,”...

Forensic DNA Hasn't Saved Us From Human Error in the Justice System

https://www.newsmax.com/hannahcox/dna-forensics-crime-lab-bias/2019/07/15/id/924483/

Fewer than 10% of cases involve DNA evidence in the first place, and the misapplication of forensic science has been the culprit in 45% of the thousands of wrongful convictions that have been discovered. Rather than be viewed as a savior, forensic science should be viewed with caution. It can be used as a tool to re-examine evidence, solve cold cases, and exonerate the innocent, but it can also be used as a weapon....

It’s a little-known fact that conviction rates drive the funding of crime labs. More convictions equals more revenue — an incentive so perverse it’s hard to believe. But here’s the proof. https://www.tandfonline.com/doi/abs/10.1080/0731129X.2013.817070#.Uh92_RZU6hE

When an entity’s income comes from its ability to produce convictions instead of its ability to find the truth, errors — and potentially corruption — are inevitable. Since crime labs are often paid by law enforcement agencies, this arrangement can lead to a partisan bias where the experts tend to favor the prosecutor over the defense....

Even DNA typing, the academic discipline based on human genetics and long held out as the superior tool in forensics, has flaws. The problem in this area is not with the science itself but in how we use it.... But now, labs are using methods of extraction to pull even the tiniest fragments of DNA from objects (like a smeared thumbprint or so-called touch DNA) and using these incomplete DNA profiles to make matches. The reading of these complex mixtures is much more subjective than scientific....

DNA hasn’t saved us from human error or bias, and we shouldn’t expect it to. At the end of the day, all components of our justice system are still operated by humans — and humans are fallible. With this in mind, it’s obvious that we should not allow this system to carry out irreversible sentences like the death penalty...

‘Confirmation Bias’ Called a Key Reason for Wrongful Convictions

https://thecrimereport.org/2019/07/16/confirmation-bias-called-a-key-reason-for-wrongful-convictions/

Most analyses of investigative failure have focused on errors of procedure, or malfeasance on the part of authorities, which covers a broad list of ills, such as eyewitness misidentification, flawed forensic evidence, false confessions, deceitful informants, police and prosecutorial misconduct, or a poor defense. But these mistakes usually have their roots in, or are compounded by, the psychology of those who are leading the investigation or prosecuting the case, the researchers said.... once we come to a conclusion about an issue, we rarely pay attention to any evidence that might contradict it. This tendency, known as “confirmation bias” played a central role in nearly all the wrongful conviction cases examined by the researchers and, by implication, explains hundreds of others that have been identified.... it was difficult to completely remove confirmation bias and related flaws such as “tunnel vision,” “group think” and “rushing to judgment” from investigative work...

It is not safe to assume that a wrongful arrest will be later corrected by the district attorney or that a judge or jury will come to the correct finding. Prosecutors may fail to act as an objective check and balance as they can suffer from the same cognitive biases as police investigators. Early mistakes may never be noticed; even if they are, much damage can still occur.... Confirmation bias can affect any player or combination of players in the justice system, as well as the media and politicians.

Hallmarks Of Innocence: The Prosecution

https://www.wgbh.org/news/local-news/2019/07/16/hallmarks-of-innocence-the-prosecution

[A lot] of them. The one we can focus on is the threshold decision about whether to charge somebody with a crime at all. So prosecutors typically learn about a suspect when an arrest file lands on their laps — the police have arrested a suspect. That file, of course, is structured in a particular way to highlight the evidence against the suspect. After all, the person has been arrested. Now we've all heard the phrase, first impressions are lasting impressions. Cognitive psychologists talk about this in terms of tunnel vision, or confirmation bias. Once you develop a theory, you tend to see all subsequent information through the lens of that theory, and you'll overvalue information that supports it and discount information that cuts against it. So let's say, you don't like Tom Brady and Bill Belichick, you just don't like the Patriots. You might overvalue things like Spy-gate and Deflate-gate, and discount all of the great Super Bowl victories, just because your world view is antithetical to the Patriots. So once prosecutors develop a theory of guilt, they tend to overvalue the evidence that later comes down the pike supporting it, and minimize the significance of evidence that suggests the person is innocent. The upshot is they might charge people with serious crimes based on relatively flimsy evidence. ...

practical pressures, prosecutors are notoriously overworked... offer plea bargains to resolve them quickly and ideally through a conviction, so that you can seem to have a very high conviction rate...

political...chief prosecutors, our county district attorneys, are elected in 45 states in the country...

The death penalty is racially biased, fiscally irresponsible and very inaccurate

https://thehill.com/opinion/criminal-justice/455101-the-death-penalty-is-racially-bias-fiscally-irresponsible-and-very

Consider the following data: More than 160 innocent people across the nation have been exonerated from death row since 1973. Twenty of those people were exonerated through post-conviction DNA testing. And according to a recent study, at least 4 percent of all defendants sentenced to death in the United States are innocent...

Sometimes, the mere existence of the death penalty can compel wrongful convictions and grave miscarriages of justice. Christopher Ochoa pled guilty to the rape and murder of an Austin, Texas, woman. Under threat of receiving the death penalty, he confessed to the crime and implicated another man, Richard Danziger. Both men received life sentences...

The agencies agreed to undertake the review after three men who had served lengthy prison sentences were exonerated by DNA testing in cases in which three different FBI hair examiners provided testimony that exceeded the limits of science. The review found that out of the 268 cases where examiners provided testimony used to inculpate a defendant at trial, erroneous statements were made in 257 of them — an astounding 96 percent of the cases. Defendants in at least 35 of these cases received the death penalty and errors were identified in 33 (94 percent) of those. ..

Law Enforcement Is Turning to Another Type of Genetic Sleuthing. Is It Reliable?

https://slate.com/technology/2019/07/parabon-nanolabs-genetic-genealogy-phenotyping.html

Parabon has long hawked DNA-based suspect sketches alongside its better-known genetic genealogy services. The company’s first law enforcement product was in fact a face imaging service.... Parabon says it’s assisted authorities in the U.S., Sweden, and Canada in more than 350 cases using DNA phenotyping, roughly 200 of which involved facial morphology. But the scientific community still doesn’t know much about how genes express themselves in forming a person’s face. “All of the recent successes were from genetic genealogy, and [Parabon] tried to push the facial reconstruction as if it works, too,”...

“So far what has been done is based on association—just that people with a tall forehead more frequently have this set of genetic variants,” Kidd says. “We have no understanding of the underlying developmental biology.” This is important because the same gene may express itself differently in different people. Even twins sharing the same DNA are not exactly identical; one may be a bit shorter or have a slightly wider nose. ...

Facial phenotyping is somewhat reliable when it comes to determining a person’s hair, eye, and skin color, but it’s not that helpful in determining the shape of a face. Erlich says that the facial images that the technology produces often look very similar to each other for people of the same race and gender, which is why you might see some resemblances between a digital rendering and an actual picture. “If I give you a composite [face] image, I put it in the right angle, and I put the person next to it staring at the same angle, they will look similar,” he says. The ACLU has advised against using face phenotyping “for any serious purpose” in criminal investigations, warning that the technique produces “baseless information” that could ensnare innocent people, especially if police aren’t fully aware of its limitations....

Face phenotyping is meant to help police rule people out, rather than to identify the perpetrator, and the company makes no claims that the phenotype sketches are photorealistic....

Harris County approves historic bail deal, ends 'irreparable harm'

https://www.houstonchronicle.com/news/houston-texas/houston/article/Harris-County-approves-historic-bail-deal-ends-14253660.php

Harris County Commissioners Court approved a historic settlement Tuesday fixing a bail system a federal judge found unconstitutional, ushering in a new era for criminal justice in one of the country's largest metropolitan areas. The vote came after months of intensive negotiations between the county and lawyers for indigent misdemeanor defendants who sued over a two-tiered system that jailed people prior to trial if they couldn't pay cash bail up front but allowed people with similar backgrounds and charges to resume their lives by awaiting trial at home.... "It took a long time for this system to be put in place — this oppressive system has existed for decades,"...

The settlement agreement — which still must be approved by a federal judge — installs a monitor to oversee the new bail protocol for seven years. It provides comprehensive public defense services and safeguards to help ensure defendants show up for court. And it calls for transparent data collection that will allow the county to track what's working and what isn't.

Under the new system, about 85 percent of people arrested on misdemeanors will be released on personal bonds and avoid pretrial detention, officials said.

Hidalgo said the county spent nearly $10 million over three years mounting a legal fight against the federal civil rights lawsuit, including appeals of Chief U.S. District Judge Lee H. Rosenthal's ruling in 2017 that the county's bail practices violated equal protection and due process, causing "irreparable harm" to thousands of people presumed innocent....

WHO SAYS SLAVERY IS NOT PROFITABLE. THE SLAVE AUCTION IS CASHING IN BIG TIME. CATCH A NIGGA SEND HIM TO SLAVE AUCTION MAKE HIM PLEA GUILTY. PAY LIEYER $110. NEXT NIGGA. HOW YA PLEAD NIGGA? GUILTY MASSA. NIGGA PAY $110 TO YA LIEYER, PAY $500 TO THE SLAVE AUCTION, AND ANOTHER $2500 FOR MISCELLANEOUS. NEXT NIGGA. HOW YOU PLEAD NIGGA? ...

One Lawyer. Five Years. 3,802 Cases.

https://www.themarshallproject.org/2019/08/01/one-lawyer-five-years-3-802-cases

In Detroit, court-appointed lawyers for the poor are encouraged to take on large caseloads at the expense of their clients, a new report says.

Most of the judges there know her, she says, from law school or from past cases....That helps explain why judges appoint Cameron to represent more poor defendants—by more than a hundred every year—than any other private lawyer in Detroit’s felony court system, making her the highest-paid attorney doing such work. In the past five years, she has taken 3,802 cases, including 1,787 new felonies... A national commission that sets standards for criminal defense lawyers recommends that an attorney should not handle more than 150 felony cases per year.... With such a caseload, it would be impossible for Cameron to put in the hours of research, witness questioning, and strategizing with her clients that legal experts agree are needed in such serious cases. ...

To fill the gap, judges hire and pay individual private lawyers like Cameron to represent the poor on a case-by-case basis. This gives attorneys an incentive to be too friendly with judges, to accept too many cases and then to try to resolve them too quickly, often at the expense of a thorough defense of their clients,... the system there is “as bad as anything I have seen in my career”—including in the deepest parts of the Deep South, where funding for indigent defense is nonexistent and relationships between judges and attorneys are notoriously cozy. ...

lawyers are paid by court event: $40 for an arraignment, $110 for a plea-deal hearing, $90 for a half-day of trial, and so on, no matter how long or involved each hearing is. This encourages attorneys to stay at the Murphy Hall of Justice accumulating quick court appearances rather than doing unpaid but crucial out-of-court work... Court-appointed defense attorneys in Detroit do not receive a salary or hourly wages. Instead, they are paid per court "event." Some events that take less preparation, like an arraignment, pay nearly as much as ones that take days or weeks of work, such as a trial....This can mean accepting quick plea deals rather than bringing cases to trial ...

Over time, judges and attorneys engaged in this joint mass-processing of cases can become too familiar... judges there admitted they consider whether the lawyers they appoint are political supporters of theirs, and 30 percent consider whether lawyers have contributed money to their re-election campaigns....

providing more money for public defense would go a long way toward reversing the assembly-line justice

[I DISAGREE. MUNEE IS THE ROOT OF THEIR EVIL. GIVING THEM A PAY RAISE FOR THEIR CRIMES IS REWARDING THE FOX FOR EATING THE CHICKENS.] ...

By extrapolating from our findings, we estimate that the wrong‐person wrongful convictions that occur annually may lead to more than 41,000 additional crimes....

The criminal costs of wrongful convictions

https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12463?af=R&

Abstract Research Summary

In this article, we examine criminal offending by true perpetrators after innocent people are arrested and convicted for their crimes. After investigating a set of cases in which DNA was used to exonerate the innocent and to identify the guilty party, we identified 109 true perpetrators, 102 of whom committed additional crimes. We found a total of 337 additional offenses committed by the true perpetrators, including 43 homicide‐related and 94 sex offenses. By extrapolating from our findings, we estimate that the wrong‐person wrongful convictions that occur annually may lead to more than 41,000 additional crimes....

MAKE A FALSE ACCUSATION AGAINST YOUR JOHN SLAVE BY CALLING 911-SLAVE-PATROL. SLAVE AUCTION THEN FORCES THE SLAVE TO PLEAD GUILTY 95% TO 99% OF ALL CASES. SLAVE LOSES HIS RIGHTS AND IS ON THE SLAVE DATABASE FOR LIFE. AND HE IS INNOCENT...

Red Flag Laws Spur Debate Over Due Process

https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2019/09/04/red-flag-laws-spur-debate-over-due-process

Since Parkland, at least six states and the District of Columbia have passed red flag laws, which allow law enforcement agencies that have gotten a court order to remove guns from people considered a harm to themselves or others....“Rather than find clear and convincing evidence, [courts are] basically saying, ‘Better safe than sorry,’”... Most red flag laws are vague on what constitutes a “significant danger,” which gives courts broad discretion to seize firearms, Parris said. And in some states, respondents are not guaranteed representation in court, since these are civil and not criminal matters....

Opinion | 36 Years in Prison for a $50 Robbery

https://www.nytimes.com/2019/09/05/opinion/alabama-sentencing.html

Alvin Kennard, a 58-year-old Alabama man who spent most of his life behind bars for a $50 knife-point robbery at a bakery, walked free last Friday. He felt the warm embrace of his family, attended church and ate a home-cooked meal for the first time in 36 years.

The State of Alabama fully intended for Mr. Kennard to die in prison for this crime. He was one of more than 250 people in the state serving life without the possibility of parole for robbery, according to a document provided in a legal proceeding this year by the Alabama Department of Corrections. Many of them have been behind bars since the 1980s....

THE JUDICIAL IS CORRUPT. JUDGES ARE BOUGHT. THE PARTY SYSTEM CONTROLS THE JUDICIAL. ...

A Judge Refused to Hire a Party Boss’s Aide. A Demotion Followed.

https://www.nytimes.com/2019/09/07/nyregion/judge-armando-montano.html

Judgeships are one of the last bastions of machine party power, and Mr. Montano maintains his case highlights a system of patronage that has long existed in courthouses throughout the city, but is especially prevalent in the Bronx, where party leaders maintain a strong hold over the judiciary and district attorney’s office. The party leaders most recently handpicked the borough’s top prosecutor, Darcel D. Clark.

The Bronx Democratic Party has moved to clean up its act since the blatantly corrupt days of Stanley Friedman, the disgraced former party leader who was convicted of federal bribery charges in 1986. Still, it remains one of the most powerful political machines in the city; party bosses call the shots in low-interest races and expect favors — like jobs — in exchange for their support.

“Judgeships are bought,” said one political consultant, who spoke on the condition of anonymity, citing fear of retribution. “The jobs that come out of that office go to the organization — they make the choice of who gets the jobs.”...

“We make recommendations, of course,” Mr. Crespo said. “Sometimes they get hired, sometimes they don’t. The perception we hold people accountable is not true.”...

Democratic Party leaders effectively control judgeships in New York City. Because they have a well-oiled machine for collecting signatures for nominating petitions, they can determine who gets on the ballot as delegates to “judicial conventions,” which select the party’s judicial candidates....

“It is unethical and possibly criminal to allow the Democratic Party leader to use the courts as a patronage mill,” the former judge, 70, said during an interview at his lawyer’s Midtown office. “It’s something that should be addressed. If you play ball, go along to get along, you compromise your integrity and compromise the court system.”...

“No one will give him the chance to show there is political corruption,” said Paul Gentile, the former judge’s lawyer. He said his client unfairly has the reputation now as an insubordinate judge. “It’s in every court. It adds up to the fact that we don’t have an independent judiciary.”

The race to create a perfect lie detector – and the dangers of succeeding

https://www.theguardian.com/technology/2019/sep/05/the-race-to-create-a-perfect-lie-detector-and-the-dangers-of-succeeding

The average person hears up to 200 lies a day,...Even so, we are hopeless at spotting deception. On average, across 206 scientific studies, people can separate truth from lies just 54% of the time – only marginally better than tossing a coin. “People are bad at it because the differences between truth-tellers and liars are typically small and unreliable,”... That could soon change. In the past couple of decades, the rise of cheap computing power, brain-scanning technologies and artificial intelligence has given birth to what many claim is a powerful new generation of lie-detection tools. Startups, racing to commercialise these developments, want us to believe that a virtually infallible lie detector is just around the corner.... But just because a lie-detection tool seems technologically sophisticated doesn’t mean it works. “It’s quite simple to beat these tests in ways that are very difficult to detect by a potential investigator,”...

A new frontier in lie detection is now emerging. An increasing number of projects are using AI to combine multiple sources of evidence into a single measure for deception. Machine learning is accelerating deception research by spotting previously unseen patterns in reams of data. Scientists at the University of Maryland, for example, have developed software that they claim can detect deception from courtroom footage with 88% accuracy.

The algorithms behind such tools are designed to improve continuously over time, and may ultimately end up basing their determinations of guilt and innocence on factors that even the humans who have programmed them don’t understand....

The only problem was that the polygraph did not work...With a little training, it is relatively easy to beat the machine...Common “countermeasures”, which work by exaggerating the body’s response to control questions, include thinking about a frightening experience, stepping on a pin hidden in the shoe, or simply clenching the anus.

The upshot is that the polygraph is not and never was an effective lie detector. There is no way for an examiner to know whether a rise in blood pressure is due to fear of getting caught in a lie, or anxiety about being wrongly accused. ...But other people were pushed to admit to crimes they did not commit after the machine wrongly labelled them as lying. The polygraph became a form of psychological torture that wrung false confessions from the vulnerable. Many of these people were then charged, prosecuted and sent to jail – whether by unscrupulous police and prosecutors, or by those who wrongly believed in the polygraph’s power....

In the real world, however, practised falsehoods – the stories we tell ourselves about ourselves, the lies that form the core of our identity – complicate matters. “We have this tremendous capacity to believe our own lies,” Dan Ariely, a renowned behavioural psychologist at Duke University, said. “And once we believe our own lies, of course we don’t provide any signal of wrongdoing.”...

FEDERAL JUDGES ARE COMPRISED OF FEDERAL PROSECUTORS AND GUBMINT ADVOCATES BY 7 TO 1....

Are a Disproportionate Number of Federal Judges Former Government Advocates?

https://www.cato.org/publications/studies/are-disproportionate-number-federal-judges-former-government-advocates

It has been said that the surest way to become a federal judge is to first be a prosecutor. ...What we found confirms the conventional wisdom: Former government lawyers—and more specifically, lawyers whose formative professional experiences include serving as courtroom advocates for government—are vastly overrepresented on the federal bench. Looking only at former prosecutors versus former criminal defense attorneys (including public defenders), the ratio is four to one. Expanding the parameters to include judges who previously served as courtroom advocates for government in civil cases as well as criminal cases, and comparing that to judges who served as advocates for individuals against government in civil or criminal cases, the ratio is seven to one. As explained below, the disproportion is both striking and concerning...

USA: LAND OF THE SLAVES. INADEQUATE DEFENSE, AND PLEAD GUILTY OR SPEND LIFE IN PRISON ALONG WITH CORRUPT JUDGES, PROSECUTORS, COPS, AND LIEYERS...

Sentenced to Death by Incarceration in New York State Prison

https://www.gothamgazette.com/opinion/8807-sentenced-to-death-by-incarceration-in-new-york-state-prison

It became clear from conversations with lifers that many of their assigned lawyers had been eager to take cases to trial and forgo the serious consideration of a plea, especially since most were being paid an hourly rate by the court and had a financial incentive to take a case to trial regardless of the risks to their clients.

Almost all the people we worked with were represented by a lawyer assigned by the court. They had no say in who their lawyer was and had no realistic way of replacing that lawyer (and many tried). Over and over we heard the same thing: ‘my lawyer did not come to the jail to meet with me a single time while my charges were pending.’...

prosecutors routinely asked judges to impose the maximum sentence and judges were glad to oblige, often tacking on consecutive sentences to ensure that the person would die in prison ...

One man was offered a plea of three to nine years, went to trial, and is currently serving 25 to life. Another was offered 25 to life pre-trial yet sentenced after trial to 125 to life. Some argue that plea offers are a discount and a necessary ingredient of the adjudication of criminal cases in an imperfect system. However, such disparate outcomes – 25 to life if you plead, 125 to life after trial – cannot be justified. ...

In another case, the defense claimed that a prosecution witness had been coerced into testifying falsely by the prosecutor. That prosecutor thereafter became a defense attorney and is now in federal prison for suborning perjury.

Another man is serving a life sentence based on a case where the lead detective turned out to be a serial murderer for the mob. The police file in the case is nowhere to be found.

In each of these cases, all appeals were fought by the prosecution and denied by the court....

We have worked with several people with undeniable innocence claims that have fallen on deaf prosecutorial and judicial ears. But while the students wanted to join the battle for justice for the wrongly convicted, they soon discovered a much larger area of unjust convictions – the many lifers who, even if not factually innocent, were denied any semblance of due process. ...

Over the past three decades, municipalities have paid $2.5 billion to wrongly convicted former prisoners, so much that some prosecutors are adopting a new strategy. Rather than fighting tooth and nail to uphold convictions, some DAs are instead offering inmates who’ve been granted appeals a deal: get out of jail now and waive their right to sue for damages or remain in prison for years awaiting a new trial. Federal judges are now beginning to weigh whether such deals are inherently coercive....

Wrongly Convicted, They Had to Choose: Freedom or Restitution

https://www.nytimes.com/2019/09/30/us/wrongful-convictions-civil-lawsuits.html

Since being arrested for a 1991 murder in Philadelphia, Mr. Dennis has maintained his alibi — that he was on a bus — and his innocence. But not until 2016 did a federal appeals court tell the state to start a new trial or release Mr. Dennis. Neither happened. Instead, prosecutors offered Mr. Dennis a deal: sign a plea of no contest to third-degree murder and he could leave prison instantly. If he declined, a new trial would most likely take years....The deals suggest an emerging strategy in potentially costly wrongful conviction cases: Set people free, but pay them nothing. Governments are fielding huge bills as the number of overturned convictions mounts. Since 1989, municipalities have paid $2.5 billion to exonerees, who can seek money under compensation statutes in more than 30 states or via civil lawsuits...

What Is the Financial Cost to Society of Wrongful Convictions?

https://therealnews.com/stories/what-is-the-cost-to-society-wrongful-convictions

A study by George Washington University looks at the cost to taxpayers for 2,265 exonerees. The payout was 2.2 billion of public funds. Police are protected by qualified immunity prosecutors or shield by absolute immunity....

IN NORTH DAKOTA THOSE THAT DO GET A FREE PUBLIC DEFENDER GET INADEQUATE COUNSIL PiCKED BY THE CLIQUE OF CORRUPTION WITH THE GOOD OL BOY NETWORK WITHIN THE SLAVE AUCTION CIRCLE, AND ARE THEN SENT A $500 TO $1500 BILL TO PAY THE FREE LAWYER FEE ALONG WITH FINES, AND COURT FEES TO A CRIME HE MOST OFTEN DID NOT DO TO SUPPORT THE PROFESSIONAL LEGAL CRIMINALS ...

Despite Common Belief, Floridians Can't Always Get a Free Public Defender

https://www.miaminewtimes.com/news/two-florida-laws-keep-public-defenders-out-of-misdemeanor-courtrooms-11309207

He had requested a public defender, who spent weeks digging into his case, but when it came time for trial, a peculiar thing happened: Prosecutors said they were dropping Rodriguez's felony charge and one of his misdemeanors. They were no longer seeking to jail him for the other misdemeanor count. And thanks to a quirk in Florida law, Judge Hague said Rodriguez was no longer entitled to a public defender. According to a little-known state statute, criminal defendants who aren't facing jail time have no right to a state-appointed lawyer in court. With no attorney to fight on his behalf, Rodriguez was convicted and forced to pay $358 in court fees. The criminal conviction went on his permanent record....

only 13 percent of misdemeanor cases occur with a private attorney present. So it stands to reason that thousands upon thousands of people are passing through Florida's courts and pleading to criminal charges without any expert legal advice. "These people aren't going out and hiring private attorneys," ...

Since 2017, data releases are slowing down BECUZ THE OVERPAYED LEGAL SYSTEM IS UNDER FUNDED...

Since you asked: Is it me, or is the government releasing less data about the criminal justice system?

https://www.prisonpolicy.org/blog/2019/11/14/criminal-justice-data

The annual Prisoners report provides a “snapshot” of who’s incarcerated in state and federal prisons on a given day https://www.bjs.gov/index.cfm?ty=pbse&sid=40

Jail Inmates report, which offers a similar “snapshot” of local jail populations across the U.S. https://www.bjs.gov/index.cfm?ty=tp&tid=12#data_collections

Probation and Parole report serves a similar trend-monitoring purpose, but focuses on the 4.5 million people on probation and parole in the U.S. https://www.bjs.gov/index.cfm?ty=pbse&sid=42

Correctional Populations reports present data on people who are incarcerated and those under community supervision https://www.bjs.gov/index.cfm?ty=pbse&sid=5

Mortality reports are our only “official” source of information about deaths in prison and jail custody https://www.bjs.gov/index.cfm?ty=tp&tid=19

Survey of Inmates in Local Jails...nationally representative data available on people held in local jails. It’s especially important for the information it offers about the pretrial (or unconvicted) population. https://www.bjs.gov/index.cfm?ty=dcdetail&iid=274

LAW ABIDING GOOD GUYS ARE PROFESSIONAL LIEYERS WHO WRONGFULLY CONVICT INNOCENT SLAVES 97% TO 100% OF ALL CASES DUE TO INADEQUATE LEGAL DEFENSE THEN CHARGE THE SLAVES FOR 80 HOURS A WEEK FOR THE ENTIRE YEAR DEPSITE 95% TO 100% OF ALL DEFENDANTS ARE CONVCITED WITH NO TRIAL BECUZ THE SLAVE IS TORTURED UNTIL HE PLEADS GUILTY...

The high cost of poor defense

https://pinetreewatch.org/multiple-investigations-focus-on-attorney-overbilling-and-lack-of-oversight-at-maine-commission-on-indigent-legal-services

Maine spent more than $21 million to provide free lawyers to its poor in 2018, but the state’s oversight of the spending was so lax that they paid some attorneys as if they worked more than 80 hours a week for the entire year....

US taxpayers spent almost $1 billion incarcerating innocent

https://finance.yahoo.com/news/us-taxpayers-spent-over-4-billion-incarcerating-innocent-people-184439282.html

The total sum — $4.12 billion spent on all known exonerees — also includes $2.2 billion that taxpayers have paid the innocent in compensation since 1989 for the time they were imprisoned, ...only 44% of exonerees have ever received compensation. Of those who did get some form of restitution, the money covered just over 60% of the years lost by exonerees. Gutman says that the number for both state and civil compensation has gone up since, to $2.47 billion. But, he says, the number is not representative of all those that are known exonerees. “The reason it isn’t higher than that is because there are some who don’t seek compensation at all, and those who seek it and are denied,” he said. But if all known exonerees did receive compensation, the numbers would quickly balloon....

Counting the Condemned

https://theintercept.com/2019/12/03/death-penalty-capital-punishment-data/

Nonetheless, the dataset provides a damning portrait of capital punishment in the U.S. Of the 7,335 entries, 1,448 people have been executed, 20 percent of the total. Even those who insist that executions are effective in combating crime must concede that this indicates a failed public policy.

Some 2,752 remain on death row, roughly 38 percent of the total. The single largest group of people are no longer on death row. Out of 3,135 entries, more than 2,000 have been resentenced and hundreds have been released. Hundreds more have died while awaiting execution; this group makes up 8 percent of our dataset.

In 32 percent of the cases represented in the dataset, individuals have ultimately been resentenced, meaning that courts have intervened to correct errors that occurred at trial. In other words, roughly a third of all death penalty prosecutions were flawed in some way that required readjudication. We call this the basic failure rate of the capital punishment system....

we identified 132 people exonerated after being sentenced to death....

Federal Judges Behaving Badly (Part 2)

http://www.digitaljournal.com/pr/4525129

In a Colorado federal criminal case (case no. 09-cr-00266-CMA or "IRP6" case), court records prove that federal judges and prosecutors entered into a conspiratorial agreement to deprive pro se criminal defendants of their 6th Amendment rights to call expert witnesses and did so by overtly violating a federal statute. ...

The IRP6 case exposes the dark underbelly of the American criminal justice system where secret deals to violate the law are struck between federal judges and prosecutors to determine the outcome of convictions against those who dare to defy them by aggressively defending their innocence--where evidence of innocence doesn't matter--and where you're guilty simply because elite win-at-any-cost prosecutors and crony judges want you to be guilty and are willing to employ a nefarious, ends-justifies-the-means approach to gain a wrongful conviction. ...

A bad defense lawyer cost me six years in prison. My appeal has taken 12 so far.

https://www.nbcnews.com/think/opinion/bad-defense-lawyer-cost-me-six-years-freedom-i-m-ncna1094306

On Thursday, I have another oral argument scheduled in my fight through the Connecticut courts to overturn my 2007 convictions. The lawyer I retained for that trial on identity theft-related crimes conducted no investigation, called no witnesses and, during closing arguments, advised the jury on three occasions that there was no reasonable doubt. In essence, my defense attorney told the jurors to convict me.

But that’s not technically what this week's hearing is about. This hearing is about the ineffective counsel I had in 2013, during the appeal of my convictions, which was filed in 2010, over ineffective counsel. If I win, I might get a trial in 2021 to determine if my original counsel was ineffective. If I lose, I will have fought to prove my innocence for nearly 15 years, and only cemented an extremely low standard for attorney performance in Connecticut — namely, that a criminal defense lawyer can work against his client’s interests and face zero consequences for it.

In many ways, though, I’m lucky: My bid to overturn my convictions outlasted my punishment — I was released in 2014 — while the freedom of many other incarcerated people is determined by a win in court and a win alone. If they lose appeals like mine, they remain confined.

The courts have held in theory that ineffective counsel is a strong basis to appeal an conviction but, in reality, they rarely hold bad defense lawyers to account. ... In 1984, the Supreme Court established in a case called Strickland v. Washington that, to succeed in proving that an attorney provided constitutionally deficient representation, an inmate has to prove two things: that the lawyer’s performance was deficient; and that the deficiency prejudiced him. In other words, he has to prove that the result would have been different if the lawyer had done his or her job properly. The impossibility of defense under these circumstances lets attorneys off the hook....

In a study of the first 255 people to be cleared by DNA evidence, 54 of them claimed that their wrongful conviction was the result of ineffective assistance of counsel. Of those claims, 87 percent were denied; the court sided with the government. If DNA testing hadn’t come along, they might still be sitting in prison. About half of all habeas corpus petitions filed in state courts allege ineffective assistance of counsel; only about 8 percent of them are successful....

These Judges Can Have Less Training Than Barbers but Still Decide Thousands of Cases Each Year

https://www.propublica.org/article/these-judges-can-have-less-training-than-barbers-but-still-decide-thousands-of-cases-each-year

The 26-year-old forklift driver couldn’t afford a lawyer, and Adams didn’t ask Darby if she wanted the court to appoint one. The ACLU would later say in a lawsuit that omission violated the Constitution. And by refusing to hear Darby out, the judge blocked her right to defend herself, court experts contend. “I’m gonna find you guilty, by your own admission,” said Adams, a former law enforcement agent who has never practiced law. Darby ended up with a criminal conviction and a $1,000 fine. When she couldn’t pay, she was later thrown in jail, ultimately losing her job and her home.

Welcome to the magistrate courts of South Carolina, where citizens often must fend for themselves before judges lacking formal training in the law and whose errors can result in punishing consequences for defendants. These courtrooms, the busiest in the state, dispose of hundreds of thousands of misdemeanor criminal cases and civil disputes each year....Over the past two decades, magistrates have accepted bribes, stolen money, forced themselves on women and sprung their friends from jail. They’ve flubbed trials, trampled over constitutional protections and mishandled even the most basic elements of criminal cases.

Their ranks include a Greenville lawyer appointed to the bench after siphoning thousands of dollars from accounts he managed; a Jasper County magistrate once accused of forging a title to a Rolls Royce for a fellow judge; and a magistrate who once threatened to beat up a defendant who had questioned his veracity in court. A Post and Courier-ProPublica review of cases from across South Carolina uncovered instances of serious judicial errors or misconduct in 30 of the state’s 46 counties.

State senators have near-total control over these judicial appointments. And they have stocked the courts with friends, political allies and legal novices while consistently turning aside efforts at reform. The system has remained virtually untouched for more than a century as the state’s criminal codes have grown increasingly complex....

Unlike most states, South Carolina doesn’t require its magistrates to have law degrees. Over the years, their numbers have included construction workers, insurance agents, pharmacists — even an underwear distributor. Once selected, they undergo fewer hours of mandated training than the Palmetto State requires of its barbers, masseuses and nail salon technicians.... Nearly three-quarters of the state’s magistrates lack a legal degree and couldn’t represent someone in a court of law.... In 12 of the state’s 46 counties, magistrate appointments are decided by a single senator who can stock the courts with hand-picked candidates...

But critics worry that by having looser standards for magistrates, the state has created an uneven system of justice that often runs roughshod over constitutional protections, disproportionately affecting those least able to defend themselves....

Another key prerequisite is that magistrates pass a competency exam. These tests require a sixth-grade reading level and knowledge of “basic mathematics, how to tell time, days of the week,”... With no legal experience to draw from, Bryngelson handled an estimated 3,000 civil and criminal cases a year for almost three years....

The Startling Low Bar to Ace a Fingerprint Examiner’s Proficiency Test

https://theintercept.com/2019/11/29/fingerprint-examination-proficiency-test-forensic-science/

None of them had any training or real expertise in latent fingerprint analysis — the practice of trying to match a fingerprint collected from a crime scene to the known print of a suspect — aside from what they’d learned during their years working criminal defense....

If they could so easily pass the test with zero training to guide their analysis, what did that say about the test’s ability to accurately assess the competency of any fingerprint examiner, including the six employed by the Chicago Police Department... two studies that had produced startlingly high false-positive rates for latent print examiners; one revealed an error rate as high as 1 in 24. The council concluded that juries should be told about the results of such studies. A false positive could send an innocent person to prison; an incorrect exclusion could see a killer go free....

Looking through years of results, the lawyers discovered that it wasn’t just the CPD examiners who were acing the tests, it was nearly everyone who took them. The whole situation “made us really suspicious,” Max said. “We looked at the passage rates year in and year out, and they’re all in the mid to high 90s.”...

13 states have never exonerated a prisoner based on DNA evidence. Here’s why.

https://www.injusticewatch.org/news/2019/13-states-with-no-dna-exonerations/

Three of the 13 states — Delaware, North Dakota, and Vermont — don’t have evidence preservation laws, and four of them don’t require evidence to be preserved for the length of incarceration. One of those four states is Iowa, where, as my colleague Abigail Blachman reported, wrongful conviction attorneys often find that police have destroyed or misplaced DNA evidence that authorities could have tested....

“This has been an important change, but there are so many people who might have been freed by a DNA test if evidence had been preserved in the 1970s, ‘80s and ‘90s,” Garret said. “We will never know how many innocent people could have been freed.”

The laws also don’t ensure evidence technicians interpret DNA samples properly, promise proper preservation for the length of a person’s prison term, or protect evidence vaults from extreme weather and natural disasters. Moreover, many police departments still routinely dispose of evidence after a conviction....

While laws can remove some barriers to post-conviction appeals and improve DNA preservation standards, among the biggest challenges are prosecutor’s offices prone to fighting against the right to DNA testing and judges who tend to deny requests, she said.

“Even if you have a law on the books, if you have prosecutors who will fight every application for testing and judges not willing to order testing over their objections, then the law is pointless,” ...

WORRIED THEIR CORRUPTIONS ARE BEING REVEALED COPS AND/OR PROSECUTORS HIRE HITMAN TO MURDER PEOPLE WHO HELP FREE THE INNOCENT UNCOVERING COPS AND PROSECUTORS VIOLATIONS OF LAWS AND CONSTITUTIONAL RIGHTS VIOLATIONS.

GUESS WHAT THE HITMAN WAS CITED FOR?

FAILURE TO YIELD AND FAILURE TO REDUCE SPEED.

NO MURDER CHARGE, NO MANSLAUGHTER CHARGE, NO CONSPIRACY CHARGE AS PROOF OF A COVER UP.

HEY EVERYONE IF YOU WANT TO MURDER USE YOUR VEHICLE. BETTER YET GET PAID BY COPS FIRST TO DO THEIR HIT....

Ex-Director Of Northwestern's Center On Wrongful Convictions Dies

https://patch.com/illinois/evanston/ex-director-northwesterns-center-wrongful-conviction-dies

The former director of the Center on Wrongful Convictions at Northwestern University's law school died Thursday after she was struck by a car near her home in Oak Park, authorities said.

Karen Daniel, 62, was fatally struck shortly after 8 a.m. in the 400 block of Pleasant Street by a car turning making a left turn to head east from Scoville Avenue, according to Oak Park police and the Cook County medical examiner's office. She was pronounced dead at the scene.

Daniel is a Harvard Law School graduate and a former supervising attorney in the Illinois Office of the State Appellate Defender, which provides attorneys on appeal to those unable to afford a private lawyer. She represented hundreds of defendants on post-conviction appeals before joining Northwestern's faculty, according to a biography on the law school's website....

According to police, the driver who fatally struck Daniel, a 63-year-old Oak Park man, was issued citations for failure to yield to a pedestrian and failure to reduce speed to avoid an accident. Field sobriety tests did not indicate he was impaired, and he provided samples of blood and urine for testing....

SLAVES WHO GET FREE GOOD OL BOYS NETWORK LIEYERS MUST PAY FOR THE LIEYERS TO MISBILL THEM AND THEN TELL THE SLAVES TO PLEAD GUILTY, OR WAIT A YEAR OR TWO FOR THEIR FAST AND SPEEDY TRIAL....

Public defense under scrutiny: Five things to know

https://pinetreewatch.org/maine-public-defense-under-scrutiny-five-things-to-know

The specter of fraud has shaded Maine’s public defense system for the past three years while lawmakers and a hired consultant investigated the state agency that oversees court-appointed lawyers for Maine’s poor. The largest probe yet is now underway into the financial management of the Maine Commission on Indigent Legal Services and it is expected to take at least a year to complete. ...

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

SLAVE AUCTIONS: SOLD TO THE HIGHEST BIDDER...

Cash Bail Was Never About Safety

https://newrepublic.com/article/156155/cash-bail-never-safety

No one who is accused of a crime should remain in a cage simply because they can’t pay for their freedom....What legislators, police unions, and local tabloids are attempting in New York is a kind of shock doctrine as applied to criminal justice reform, taking the fear and rage people feel in response to violence and using it to justify their political agenda. As the success or failure of the new law risks being measured based on misleading, alarmist cases,...Before and after reform, bail in New York state was and is set to incentivize a return to court and is not based on a judge’s perception of danger. ...What this means is that almost all of the people accused of the crimes being used to justify a rollback of reform were always eligible for release before trial—if they could afford it. ...“By referring to the new bail reforms as a ‘get-out-of-jail-free card,’ these fearmongers are trying to expand a two-tiered system of justice in which the wealthy pay bail and go home and poor people languish in jail.”... “We are taught that we have a system of innocent till proven guilty, but it was functioning as guilty till proven rich,” ...

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Florida prosecutors believed con-man-turned-jailhouse-snitch elicited confessions

https://www.sun-sentinel.com/opinion/commentary/fl-op-com-grimm-florida-jailhouse-snitch-death-row-20200117-hcnmvftacbhunoqaothv7onubq-story.html

A notorious jailhouse snitch, a known scam artist, provided key testimony in Florida murder cases...I doubt any of his eight ex-wives would attest to his credibility....He also molested young stepdaughters from two of those faux marriages. ...When he wasn’t stealing from his spouses, he was conning other acquaintances, including various in-laws, into underwriting his fraudulent schemes....Skulnik provided investigators with confessions to 37 serious crimes between 1981 and 1987, including 18 murders, from prisoners at the Pinellas County Jail. Four of those cases led to death sentences. Of course, fellow inmates well knew that Skulnik was an informant, looking to curry leniency in his own cases... “Fraught with problems” is a considerable understatement. The University of Michigan Law School’s National Registry of Exonerations found that 15 percent of the nation’s wrongful murder convictions and 23 percent of those resulting in death sentences have been based, on part, on the testimony of jailhouse informants. On lies....

FAST AND SPEEDY TRIAL...

Missouri woman waited 5 years in jail for trial, rejects plea deal: ‘I did not do this’

https://www.kansascity.com/news/local/crime/article240902341.html

...rejected a plea deal on Thursday at Clay County Courthouse after waiting five years in jail for her trial. Her trial was delayed many times due to her public defender's heavy caseload. After spending five years in jail,...could have gone home Thursday. Instead, the Missouri woman said she was rejecting a plea deal and taking her chances in front of a jury....

Prosecutors were prepared to downgrade her first-degree murder charge to voluntary manslaughter in exchange for a guilty plea. She would have been sentenced to five years in jail with credit for time served. Now, she is scheduled to go to trial on April 20....

“It’s a sad state of our justice system where we are forced to choose between the truth and going home,“...

...is one of many Missouri defendants forced to spend years in jail, waiting for trial. She was highlighted in a Star investigation in November, which found the state public defenders system routinely fails poor defendants by providing inadequate representation that falls short of basic constitutional guarantees. The series documented abuse by the courts, wrongful convictions and massive caseloads that stretch defenders beyond their ability to vigorously represent clients....

...situation is not uncommon for defendants in need of representation from the public defenders system in the state. She said people often have to evaluate the risks and rewards of pleading guilty or going to trial. “And sometimes they do plea for something that they’re not guilty of in order to take what they think is their best shot at life,”...decision, she said, is uncommon because of the risk of conviction, further delays and a lengthy appeals process. “There certainly are many people who have gone to prison, maintained their innocence and quite a few of them have been exonerated later,” she said....

After five years of waiting,...family said they are relieved to see her finally moving toward a trial. But, they’re angry and disappointed that it’s taken so long.

“The State of Missouri should be ashamed of themselves. Absolutely ashamed that they allowed this to happen....is one of several plaintiffs in a lawsuit alleging failures on the part of the Missouri public defenders system. A second lawsuit was filed last month arguing that existing wait lists for public defenders constitute an “urgent constitutional crisis.” As of January more than 4,600 defendants were on a wait list to be assigned an attorney.... “We are so far behind but it would be a tremendous strain on the budget to get all caught up at once,” she said. ...

WHICH MEANS THE ACTUAL NUMBER OF INNOCENTS ARE MUCH MORE...

About 600 innocent people are convicted in Puerto Rico

https://www.plenglish.com/index.php?o=rn&id=52971&SEO=about-600-innocent-people-are-convicted-in-puerto-rico

Julio Fontanet, Dean of the Inter-American University of Puerto Rico School of Law, advocated for establishing a wrongful conviction review board, since there are currently up to 600 convicted innocents in this country....

Mass Incarceration: The Whole Pie 2020

https://www.prisonpolicy.org/reports/pie2020.html

Can it really be true that most people in jail are being held before trial?...

The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories. This report provides a detailed look at where and why people are locked up in the U.S., and dispels some modern myths to focus attention on the real drivers of mass incarceration, including exceedingly punitive responses to even the most minor offenses...

4 out of 5 people in prison or jail are locked up for something other than a drug offense... less than 9% of all incarcerated people are held in private prisons; the vast majority are in publicly-owned prisons and jails.... less than 1% — are employed by private companies...A larger portion work for state-owned “correctional industries,” which pay much less, but this still only represents about 6%... But prisons do rely on the labor of incarcerated people for food service, laundry and other operations, and they pay incarcerated workers unconscionably low wages... Recidivism data do not support the belief that people who commit violent crimes ought to be locked away for decades for the sake of public safety. People convicted of violent and sexual offenses are actually among the least likely to be rearrested, and those convicted of rape or sexual assault have rearrest rates 20% lower than all other offense categories combined. More broadly, people convicted of any violent offense are less likely to be rearrested in the years after release than those convicted of property, drug, or public order offenses. One reason: age is one of the main predictors of violence. The risk for violence peaks in adolescence or early adulthood and then declines with age, yet we incarcerate people long after their risk has declined.... he conditions imposed on those under supervision are often so restrictive that they set people up to fail....

Most justice-involved people in the U.S. are not accused of serious crimes; more often, they are charged with misdemeanors or non-criminal violations.... Probation & parole violations and “holds” lead to unnecessary incarceration... 1 in 4 people in state prisons are incarcerated as a result of supervision violations....

The “massive misdemeanor system” in the U.S. is another important but overlooked contributor to overcriminalization and mass incarceration. For behaviors as benign as jaywalking or sitting on a sidewalk, an estimated 13 million misdemeanor charges sweep droves of Americans into the criminal justice system each year (and that’s excluding civil violations and speeding). These low-level offenses account for over 25% of the daily jail population nationally, and much more in some states and counties....

Looking more closely at incarceration by offense type also exposes some disturbing facts about the 52,000 youth in confinement in the United States: too many are there for a “most serious offense” that is not even a crime. ...

MOST WRONGFUL CONVICTIONS ARE MISDEMEANORS WHICH GET NO HELP. AND MANY FELONY WRONGFUL CONVICTIONS GET NO HELP WHEN SENTENCE IS NONE TO SHORT SENTENCE...

Innocence Project expands to ND, SD

https://www.valleynewslive.com/2020/10/29/innocence-project-expands-to-nd-sd/

FARGO, N.D. (Valley News Live) - Sarah Jones and the Great North Innocence Project know the justice system doesn’t work perfectly. “Human beings make mistakes and sometimes human beings commit misconduct,” Jones, the GNIP’s Executive Director said. Since 2001, the Great North Innocence Project has helped free seven men behind bars for crimes they didn’t commit... Jones says most of the time, the GNIP takes on more serious cases with lengthy sentences. “Murder, robbery, that sort of thing,”...

“The real perpetrator of a crime is not in prison in all likelihood and they could be committing other crimes,” she said....

LAW ABIDING GOOD GUYS DEFINE BAD GUYS AS ANY SLAVE WHO WAS SENTENCED TO MORE THAN ONE YEAR; WHO IS INNOCENT BUT PLEAD GUILTY BY LEGAL COERSION; WAS FALSELY ACCUSED BY THE ACTUAL CRIMINAL(S); PETTY OFFENSES; ETC....

MASTAS NEXT MOVE WILL BE TO ACCUSE SLAVES OF BEING DANGEROUS WHICH WILL ALLOW MASTAS TO BAN RIGHTS BASED ON MORE FALSE ACCUSATIONS THAT SLAVE IS DANGEROUS...

The Dangers of Categorical Crime Bans

https://www.niskanencenter.org/the-dangers-of-categorical-crime-bans/

This rule imposes seven categorical bars to asylum eligibility: ... Any conviction or accusation of conduct for acts of battery involving a domestic relationship; and...

Any conviction for an offense determined to be an “aggravated felony” is considered a particularly serious crime and is a mandatory bar to asylum. The term “aggravated felony” was initially limited to murder, weapons trafficking, and drug trafficking. It now encompasses hundreds of offenses, including petty offenses like forgery, failure to appear in court, and submitting false documents. ...

The rules categorically ban any individual convicted of a felony and defines a felony as a punishable crime by more than a year of imprisonment. The Department’s reasoning for this is that these individuals constitute a danger to the community. However, these rules disregard the realities of criminal justice systems that can convict an individual of a crime without determining that they are dangerous. This rule would still bar protection from individuals who a federal, state, or local judge has concluded is no longer a danger by, for example, imposing a non-custodial sentence. Just conviction for a crime does not make one a present or future danger. ...

These rules also fail to account for the fact that a significant number of people are wrongfully convicted or agree to plead to a crime to avoid a more severe punishment.... Not only is a conviction an unreliable predictor of future danger, but it can also be an unreliable indicator of past criminal conduct...

THIS ARTICLE IS A JOKE. ACTUALLY BELIEVES USA SLAVES HAB RIGHTS, AND LOTTSA MUNEE TO PROVE HE IS INNOCENT. EVEN THEN THE ODDS THAT USA SLAVE CAN PROVE HE IS INNOCENT IN A USA SLAVE AUCTION IS LESS THAN 1% IN FED COURT EVEN IF HE HAD THE TENS AND HUNDREDS OF THOUSANDS OF DULLAS TO GIB AWAY TO SLAVE AUCTION TO BUY HIS RETURN TO SLAVERY OUTSIDE OF A USA CONCENTRATION CAMP?....

Everything You Need to Know About Getting Out of a Falsely Charged Crime

https://northdenvertribune.com/uncategorized/everything-you-need-to-know-about-getting-out-of-a-falsely-charged-crime/

In this world of law and justice, you can be sent to jail with little to no proof of you committing a crime due to someone’s testimonies and allegations. The crimes that people are falsely charged with can be several, and some with fairly more severe penalties.

Most false accusations and arrests are made with sexual assault markings. The annual rate of arrests due to sexual assault is the highest in fraudulent charges. These charges can also be easily made up and understood by the court. Other reasons where false accusations can be implemented are wrongful DUI, homicide, theft, substance abuse, domestic violence, and so on.

People can pass fraudulent charges on others for revenge as well. And most times, the charged ends up paying a higher price than what he had done to wrong the person reporting them for an uncommitted crime. ...

The wrongfully convicted population in the jails of the US is between 2 to 10% of them. This number is not little if calculated with the total prisoners in the country. [THE ACTUAL % OF ACTUAL WRONGFULLY CONVICTED IS MOST PROBABLY MUCH HIGHER THAN 10% CONSIDERING FALSE PLEAS, AND MISDEMEANORS IN ADDITION TO FELONIES.]

Know Your Rights...[LOL. WHAT RIGHTS?]

AS LONG AS THE SLAVES ARE FORCED TO PAY FOR MASTAS CRIMES THE CRIME RATE WILL BE HIGH, STATISTICALLY SPEAKING.

WHEN STATE PAYS THE COUNTIES PER NUMBER THE NUMBERS WILL BE HIGH.

LIKEWISE MAKE OFFICIALS LIABLE FOR THEIR OWN MISCONDUCTS RATHER THAN MAKING THE SLAVES PAY...

Misaligned incentives and the scale of incarceration in the United States

https://www.sciencedirect.com/science/article/abs/pii/S0047272720301493

Shift the costs of incarceration from the state to local counties and local, then see if crime numbers fall...

Highlights

• In the US, states typically pay for prison, while county employees (judges, prosecutors, probation officers…) determine time spent in custody.

• When the cost of incarceration is internalized by the entity choosing punishment, incarceration is lower, without detectable effects on crime.

• Misaligned incentives in criminal justice may have contributed to the growth of incarceration in the United States...

JAILHOUSE SNITCH IS A LEADING CAUSE OF WRONGFUL CONVCITIONS. SLAVE PATROL AND SLAVE AUCTION LIEYER USE MASTA HO AS A FAMILY SNITCH TO SPY ON NIGGER, AND COERCE HER FALSE TESTIMONY TO ENSLAVE HER NIGGER. THE JAILHOUSE SNITCH IS REWARDED FOR HER LIES BY FUNDS AND GRANTS WHICH ARE PAID BY THE SLAVES. THE MORE SLAVES THAT ARE MADE CREATES MO MUNEE FOR THESE LEGAL CRIMINALS....

Burrell case exposes need for reform of jailhouse snitch prosecutions

https://www.startribune.com/burrell-case-exposes-need-for-reform-of-jailhouse-snitch-prosecutions/573492762/

An independent panel that recently reviewed Burrell's case and made recommendations to the pardon board looked closely at the use of jailhouse informants in the prosecution. The members of the panel were troubled by the use of multiple informants who also testified in other unrelated cases, and by the fact that many of the informants were members of a rival gang who had motives to lie. The deals with some informants were not made explicit, so the judge could never know what benefit they actually received for their testimony against Burrell. Two of those informants have since admitted they lied at Burrell's trial.... the full extent of the activities of jailhouse informants in Minnesota is unknown because prosecutors are not required to formally track and disclose it to defense attorneys.... Community safety also is compromised when serial jailhouse informants can act with impunity. When the wrong person is convicted of a crime, an actual criminal is left free to commit additional crimes. Victims of an informant's own crimes are denied justice when the informant trades false information for leniency....

LEADING CAUSE OF WRONGFUL CONVICTIONS ARE LIARS INCLUDING PO'LICE WHO FABRICATE CRIMES WHERE NO CRIME HAS OCCURRED TO FALSIFYING PO'LICE REPORTS TO COERCING FALSE WITNESS TESTIMONY TO TAMPERING, OBSTRUCTION, PERJURY, ETC. BUT, THE LAW DOES NOTHING TO STOP CRIMES UNDER COLOR OF LAW....

It’s Time for Police to Stop Lying to Suspects

https://www.nytimes.com/2021/01/29/opinion/false-confessions-police-interrogation.html

Most Americans don’t know this, but police officers in the United States are permitted by law to outright lie about evidence to suspects they interrogate in pursuit of a confession. Of all forms of subterfuge they deploy — like feigning sympathy and suggesting that a suspect’s confession might bring leniency — this one is particularly dangerous....In Frazier v. Cupp (1969), the Supreme Court made it lawful for the police to present false evidence....There is almost no limit to the type or magnitude of deception permitted — one lie or many; small lies and whoppers; lies aimed at adults or anxious and unwary teenagers....In the United States and elsewhere, confession evidence serves an important function in the administration of criminal justice. Yet the history of wrongful convictions points to countless innocent people induced to confess to crimes they did not commit. A bill awaiting legislative action in New York, Senate Bill S324, would finally put a stop to this in the state....

TO PROVE SLAVE AUCTIONS ARE NOT WHITE SUPREMACIST RACIST NAZI'S REQUIRES SLAVE AUCTIONS STOP CONVICTING NIGGER SLAVES, AND INSTEAD WRONGFULLY CONVICTING MORE WHITE SLAVES....

Prisons are getting Whiter. That’s one way mass incarceration might end.

https://www.washingtonpost.com/outlook/prisons-are-getting-whiter-thats-one-way-mass-incarceration-might-end/2021/02/26/28db008c-7535-11eb-948d-19472e683521_story.html

Data from the U.S. Bureau of Justice Statistics shows that since 2000, the rate of being jailed increased 41 percent among Whites while declining 22 percent among African Americans. Beginning in 2017, the White rate of being jailed surpassed that of Hispanics for the first time in living memory. And in 2018, Whites became 50 percent of the jail population,...

Waiting for Justice

https://calmatters.org/justice/2021/03/waiting-for-justice/

Across California, 44,241 people are being held in a county jail without being convicted or sentenced for a crime. That’s three quarters of all inmates.

At least 1,317 people have been waiting in county jails for more than 3 years. For 332 of them, it’s been longer than 5 years.

In 32 counties that gave us detailed data, 5,796 people have been jailed longer than a year without being convicted or sentenced.

In Los Angeles County, which has the state’s largest jail population, 1,350 unsentenced people have been behind bars for longer than a year. About 180 have been jailed longer than three years.

In Sacramento County, 102 of about 2,800 unsentenced inmates have been locked up longer than three years, including 12 people in jail longer than five years.

LAW IS POLITICAL AND LEGAL PLUNDER, AND VENGEANCE...

Threat of Frivolous but Reputation-Damaging Lawsuit Can Be Criminal Extortion,

https://reason.com/volokh/2021/04/14/threat-of-frivolous-but-reputation-damaging-lawsuit-can-be-criminal-extortion/

Benjamin Koziol was convicted of attempted extortion under the Hobbs Act, 18 U.S.C. § 1951(a), for threatening to file suit against a well-known entertainer asserting salacious and scandalous allegations of sexual harassment, sexual assault, and assault and battery if the entertainer did not settle with Koziol for $1,000,000.

On appeal, Koziol argues that … the threat of litigation, even a baseless and bad faith threat, cannot constitute "wrongful" conduct under the Hobbs Act…. We affirm [the] conviction ….

Koziol fabricated evidence, lied about the existence of evidence, and knew that his claims were baseless, all of which further demonstrates that his threats to file a lawsuit were made with an improper motive. From this evidence, we conclude that Koziol knew that his threatened lawsuit could never prove fruitful if brought before a jury, which is why he attempted to intimidate the entertainer into a settlement based on admittedly falsified evidence and an implied threat that scandalous allegations in a publicly filed lawsuit would irrevocably damage the entertainer's reputation and livelihood.

Therefore, we reject Koziol's argument that his litigation threats did not rise to the level of a sham as a matter of law and conclude that the Noerr–Pennington doctrine did not immunize Koziol's threats of sham litigation....

The Prosecutor's Fallacy: How flawed statistical evidence has been used to jail innocent people

https://cherwell.org/2021/05/02/the-prosecutors-fallacy-how-flawed-statistical-evidence-has-been-used-to-jail-innocent-people/

‘Meadow’s Law’, which has cost the freedoms of several innocent women, and is also part of a wider story about the misuse of statistics and the misuse of science generally in the courtroom....Meadow’s Law, coined by paediatrician Sir Roy Meadow, states that ‘one sudden infant death is a tragedy, two is suspicious and three is murder, until proved otherwise’....This assumes that the probability a defendant is innocent given the evidence that we observe, is equal to the probability of seeing that same evidence given the defendant is guilty....

there haven’t been many good remedies put in place in the legal system to address this fundamental issue of abuse of statistical and scientific evidence. Generally, expert witnesses, who are allowed to give scientific evidence and their own “expert” opinion in court, are admitted at the discretion of the judge. However, a huge problem with this approach is how is a judge expected to know whether the credentials of an academic or medical professional are credible? And how is a judge supposed to know whether a particular witness is actually an expert in the field of which they’re being used?... Another reason why so many miscarriages of justice have occurred thanks to the misuse of statistics and medical evidence is that science isn’t really meant to be practised in a courtroom.....

Furthermore, what if there are two scientists giving opposing opinions on either side, who does the jury believe? The jury simply won’t know who has the better facts and is giving a more honest assessment of the situation, so they’re essentially going to favour whichever expert who laid out their argument in the most convincing manner, regardless of whether their argument is factual or not....

U.S. Assigns $2.9 Billion in Compensation to Exonerees – Number of Collective Years Served by Wrongfully Accused Reaches 25,000 Years.

https://www.davisvanguard.org/2021/06/u-s-pays-2-9-billion-in-compensation-to-exonerees-number-of-collective-years-served-by-wrongfully-accused-reaches-25000-years/

“Freedom” is a word that, for many, is closely tied with the United States. But for others, the United States’ justice system is precisely what stripped that freedom away.

And now, according to the National Registry of Exonerations, Americans have sat in jail and prison unjustly for a collective total of more than 25,000 years.

These 25,000 years are attributed to people who were wrongfully convicted, serving in prisons for crimes they did not commit. And though the government has funded $2.9 billion in an attempt to compensate victims of wrongful conviction, more than half have yet to see a penny of that money.... “Put simply, while 25,000 years is a staggering number, it is a significant undercount of the true losses these falsely convicted men and women suffered,”... The government has spent nearly $3 billion in compensating exonerees, but so far, only 45 percent have received any form of compensation... Unfortunately, monetary compensation does not nearly account for the emotional turmoil and grief years in prison can create. Olin “Peter” Coones, after being falsely accused of murder, spent 10 years in prison before being exonerated. When he was finally released, he died within only a few months. His trauma “broke his body,” ... In addition to serving time, the Debelbots were forced to live with the knowledge that their daughter’s murderer was living free. Monetary compensation cannot account for the pain felt by the Debelbots in those years....

Severe psychological consequences of wrongful convictions: study

https://wrongfulconvictionsreport.org/2021/06/27/severe-psychological-consequences-of-wrongful-convictions-study/

There is a wealth of literature on the psychological impact on criminals post-conviction. However, there is far less research involving those who are wrongfully accused of a crime and later shown to be innocent, most probably because finding truly innocent individuals post-conviction is difficult. Furthermore, it is not unreasonable to assume there is an extra layer of resentment, frustration, confusion, anger and dissonance involved when the individual knows they were wrongfully accused....

Eight main themes were identified: loss of identity; stigma; psychological and physical health; relationships with others; attitudes towards the justice system; impact on finances and employment; traumatic experiences in custody; and adjustment difficulties.

False accusation has been compared to trauma experienced by military veterans, refugees, disaster survivors and prisoners of war. It has been suggested that there is a unique form of post-traumatic stress disorder (PTSD) experienced only by those wrongfully imprisoned. It is also reported that those wrongfully convicted and imprisoned can experience difficulties finding employment due to lacking job skills and the stigma surrounding their conviction, which can exacerbate mental-health problems.

Commonly, social networks, friendships and relationships appeared to break down after individuals were wrongfully accused. In the Burnett et al and Hoyle et al study, 27/30 participants reported a fractured social network, 17/30 reported a strain on intimate relationships and 8/30 reported a strain on relationships with children or grandchildren. Additionally, many reported feeling ‘forced out’ of friendships.

Several studies reported ‘secondary trauma’ in the close families of those wrongfully accused.

In the Burnett et al and Hoyle et al study, 28/30 participants reported loss of faith in the criminal justice system, while 20/30 reported loss of trust in the police. Similar disillusionment was noted by Campbell and Denov whose participants reported intolerance of injustice, cynicism and mistrust in the fairness and legitimacy of authority figures following release from prison. Jenkins41 found that both primary and secondary victims of wrongful accusation experienced feelings of bitterness and resentment at the state not acknowledging the injustice or offering an apology. Konvisser’s participants reported a lack of apology or official acknowledgement of their innocence from prosecutors left them feeling as though they were under a cloud of guilt and could not obtain closure. Participants also reported fear and tension surrounding governmental entities, frustration at feeling betrayed by the system, loss of faith in the justice system, and anger towards the system.

THE LEGAL SYSTEM OFTEN MANUFACTURES BOGUS CHARGES AGAINST SLAVES AS THE TOOL TO DENY RIGHTS.

IF YOU ORGANIZE A PROTEST GROUP TO VOICE GRIEVANCES AGAINST CORRUPT LAW AND GUBMINT YOU ARE A CRIMINAL GANG SAY THE ACTUAL CRIMINAL GANG OPERATING ILLEGALLY WITH IMMUNITY. SOMETIMES THEY CALL YOU A TERRORIST AND YOUR GROUP A TERRORIST ORGANIZATION...

Phoenix PD chief disciplined, others demoted after probes into gang charges and challenge coin

https://www.abc15.com/news/local-news/investigations/protest-arrests/phoenix-police-chiefs-approved-of-protest-gang-charges-outside-investigation-finds

The decision to falsely charge a group of protesters as a criminal street gang was approved and known at the highest levels of the Phoenix Police Department...The probe found that protest response officers built the case on dubious and non-existent evidence and intentionally tried to “keep things quiet” to circumvent the normal process of classifying a brand new street gang.... “It bears noting, however, that we reach these findings without the benefit of all possible information,” the firm wrote. “PPD did not provide certain information we requested and, on multiple occasions,...

Police and prosecutors testified the group was a gang called “ACAB,” which is short of the phrase “All Cops are Bastards.”...

The ‘Assembly-Line’ Justice of Plea Bargaining | The Crime Report

https://thecrimereport.org/2021/08/20/the-assembly-line-justice-of-plea-bargaining/

Plea bargaining significantly cut down the time, effort, and constitutional fealty required to secure a criminal conviction. It virtually eradicated criminal trials; today, roughly 95 percent of convictions come via plea. And, today, there are tens of thousands of innocent people behind bars. [AND HUNDREDS OF THOUSANDS OF INNOCENT SLAVES WRONGFULLY CONVICTED OUTSIDE THE BARS.]...

Of the nearly 3,000 wrongful convictions revealed since 1989—a fraction of the number of wrongful convictions overall—20 percent were innocent people who pleaded guilty (Settling post-conviction claims of innocence requires massive legal resources so this data speaks largely to felony convictions; we can intuit even greater numbers of coerced pleas in the misdemeanor setting.)...

In these courts, prosecutors withhold all discovery― the process by which the State shares evidence it intends to use against a defendant with their counsel ― except a police report. They openly admit that the purpose of the “substantially harsher” offers is to “clear backlogs” and avoid “expending resources.” Never mind that these prosecutors took an oath to uphold the constitution....

Police misconduct, including evidence tampering and lying on the stand, is involved in the 35 percent of innocence cases revealed in America. A guilty plea whitewashes that misconduct as well. This state of affairs—where prosecutors coerce people out of their rights, police face no accountability for misconduct, and guilt or innocence is a virtual non-factor—should chill us to the bone....


“Even the best system of justice will result in some wrongful convictions,” “We cannot remedy every wrongful conviction, but we must remedy those that come to our attention.”

Justice Barry Albin

IF THE BEST SYSTEM OF JUSTICE RESULTS IN SOME WRONGFUL CONVCITIONS JUST THINK HOW MANY WRONGFUL CONVICTIONS ARE PRODUCED BY THE WORST SYSTEMS OF JUSTICE...


52% CHANCE DEATH ROW INMATES ARE INNOCENT.

WHEN THE CONSTITUTION WAS WRITTEN DNA TESTING WAS NEVER INVENTED YET, LET ALONE SPECIFICALLY WRITTEN DOWN AS A RIGHT. ALTHOUGH THE RIGHT TO BEAR ARMS WAS WRITTEN AND SPECIFICALLY SAYS SHALL NOT INFRINGE. MY BET IS THE FRAMERS WHOSE INTENT OF THE BILL OF RIGHTS WAS CITIZENS PROTECTIONS AGAINST GUBMINT TYRANNY WOULD HAVE MADE IT A RIGHT IF IT WERE AVAILABLE BACK THEN. ALTHOUGH THE SLAVE AUCTION AND GUBMINT WOULD DENY THAT RIGHT AS WELL AS THEY DO EVERY OTHER RIGHT....

Looking Back: President Obama and Wrongful Convictions | Davis Vanguard

https://www.davisvanguard.org/2021/08/looking-back-president-obama-and-wrongful-convictions/

problem of wrongful convictions that prompted then-Illinois Governor Ryan to empty death row, in view of the fact that out of the last 25 death row inmates, 12 were executed while 13 were exonerated, a figure which Ryan himself stated was “no better than a flip of a coin.”... In a classic 5-4 decision, the Supreme Court went on record that “inmates have no constitutional post conviction right to DNA Testing.”...


UNITED SLAVES OF AMERICA LAND OF THE FREE WHERE EVERYTHING IS A CRIME, INCLUDING INNOCENCE...

Mass incarcerations — the American prison industrial complex | TheHill

https://thehill.com/opinion/civil-rights/571069-mass-incarcerations-the-american-prison-industrial-complex

The U.S. continues to lead the world in per capita incarceration of its citizenry. In 2019, before the COVID-19 pandemic:

6,344,000 persons were supervised by U.S. adult correctional systems...

70 million Americans, representing one in three adults, have a criminal record...

Hundreds of thousands of Americans have been sentenced to life in prison, some for crimes such as petty robbery. Particularly egregious is that approximately 7,000 Americans are serving life sentences for crimes committed as minors; some were as young as 13 or 14 years old when these crimes were committed....

Wrongful convictions are not just atypical but could be argued as even systematic in some communities....


Looking Back: Increasing Awareness of Prosecutorial Misconduct, Discipline and Accountability Hampered by Prosecutorial Immunity | Davis Vanguard

https://www.davisvanguard.org/2021/09/looking-back-increasing-awareness-of-prosecutorial-misconduct-discipline-and-accountability-hampered-by-prosecutorial-immunity/

a recent study by the Northern California Innocence Project, which identified more than 700 California cases involving misconduct from 1997 to 2009, from which only 6 prosecutors (fewer than 1%) were officially disciplined. In fact, judges who were supposed to be referring prosecutors found to have been engaged in prosecutorial misconduct to the state bar for investigation were in almost every instance failing to do so....

In August of 2010 The Innocence Project released its own study that found in 25% of 255 DNA exonerations to that point, prosecutorial misconduct was a factor. Of the various withholding exculpatory material (Brady violations) – often involving knowledge of alternative suspects and forensic evidence – 37% involved multiple instances of misconduct, usually a pairing of Brady violations with improper arguments or questioning....

We can no longer ignore the need to hold prosecutors personally accountable for both their civil and criminal violations of individual civil rights. Therefore, the time is at hand to bring about meaningful and effective legislation that will bring an end to such abuses.

Specifically, I propose legislation to end prosecutorial immunity from civil lawsuits in clear cut instances of intentional misconduct. I am further proposing legislation that will impose incarcerative penalties for the same....


MOST DEFENDANTS DO NOT TRUST LIEYERS ESPECIALLY THE SLAVE AUCTION APPOINTED ONES FROM THE GOOD OL BOYS NETWORK, AKA CLIQUE OF CORRUPTION. THE LIEYERS SAY REASON THEY DONT SHOW UP FOR AT LEAST 2 PRETRIAL HEARINGS IS IN ORDER TO GET THE SLAVES TO PLEAD GUILTY SO IT FREES THEM TO HANDLE MORE CASELOADS WHICH EQUALS MO MUNEE. THE LIEYERS THEN BLAME THEIR NOT CONTACTING THEIR CLIENTS ONTO THE DEFENDANTS WHOM ARE CRIMINALS ANYWAY...

Resistance Is Futile

https://inquest.org/resistance-is-futile/

Nearly every lawyer I spoke with was aware of the need to gain the trust of their clients. Some recognized defendants’ distrust of the legal system and defendants’ frustrations of being charged with a crime....

defense lawyers may not fully invest their time in preparing for their cases. For instance, an attorney I interviewed named Sybil described how, over time, she has come to be able to identify those clients who just might not show up for court. The reasons are numerous, but three scenarios, in Sybil’s experience, are the most common: they are managing homelessness, have a drug addiction, or simply do not have a way to stay in contact because they are too poor to have a phone. Sybil waits to prepare motions for these defendants only after they show up a second time to court at their pretrial hearings.... such a practice could contribute to clients feeling that their lawyers are not taking their cases seriously — a common complaint among disadvantaged defendants....

Lawyers prepare for the possibility of trial but expect to negotiate a reasonable and standard plea deal that they assume their clients would not mind taking.... defendants who are resigned tend to be lulled into plea deals that have been negotiated by their lawyers with little of their explicit input. Moreover, a lawyer’s strong suggestion that it is in a defendant’s best interest to take a plea can feel like coercion for defendants who do not want to....

Some lawyers I interviewed readily acknowledged less investment in clients who frustrate them or question their authority,...

Bob’s refusal to take a plea and defer to his lawyer’s expertise ultimately resulted in a guilty conviction and a sentence of two years in jail. Yet, according to his friend, it was important for Bob to maintain his innocence and resist the police’s authority throughout the process. Similarly, Tom told me about a client of his who also wanted to maintain his dignity by having Tom cross-examine the police on the stand to expose his experiences of police abuse. This particular client was accused of assaulting a police officer, but the client alleged during trial that the officer was the one who assaulted him. About such clients, Tom said, “For some clients, all they want to do is expose what the cop did wrong. And you’ll sit down after cross-examining, and they’ll say, ‘That was great.’ That’s the mode of victory. That’s all they wanted.”


PROSECUTOR IS ALSO THE JUDGE. AT THE SAME TIME....

Texas justice system fails 'Ethics 101' in death penalty case, advocate says

https://www.reuters.com/legal/government/qa-texas-county-justice-system-fails-ethics-101-death-penalty-case-2021-09-28/

A Texas man who has been on death row since 2003 had his conviction overturned on Wednesday because of newly uncovered evidence that the county attorney who prosecuted him was also working for the judge, effectively serving as both accuser and decider in a capital murder case. Former prosecutor Ralph Petty even wrote decisions for the court in some instances. The conflict of interest played out in Midland County, Texas, for more than 16 years, in hundreds of cases and was exposed to the defense bar only by happenstance. ...



INADEQUATE COUNCIL...

‘Calling this a crisis is not an understatement’: Public defenders face challenges

https://www.burlingtonfreepress.com/story/news/2021/09/29/new-england-public-defenders-worried-clients-not-getting-effective-representation-covid-19-backlog/5842430001/

Unmanageable caseloads, low pay and small hiring pools have long jammed the wheels of justice for public defenders and their clients. But COVID-19's strain on the courts is making things worse, causing lawyers to leave in droves and some public defender offices to stop taking new cases. Some of the best and most experienced attorneys worry they and their colleagues can no longer effectively represent all their clients....“Calling this a crisis is not an understatement,”...“This is a national problem.”