North Dakota Wrongfully Convicted

Location:  Cass County, ND 

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.


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

Revolution is the Final Solution!

Read the True Intent of The Constitution, and your Rights and Duties to Protect the Constitution which is your Guarantee of your Rights:


"The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are
The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are
-- 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.

 “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

Almost Half the cases No Crime was actually committed.
False Accusations and Perjury was the leading cause of wrongful convictions, followed by Official Misconduct.

March 14, 2018
    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%

•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.

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
      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....

ISSUE 69 - FALL 2017
8,723  Cases  Now  In Innocents Database
    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
●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
     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.

Trial Results data of serious crimes


Wrongful Conviction Rate for Serious Crimes
    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.)

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%
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
      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?
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.

Wrongful Convictions for Lesser Crimes
Often Fall through the Cracks

America’s 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

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

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

Go to Trial: Crash the Justice System
    ...“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

    “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
    ...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

    ...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
    ...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
       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.

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
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?
    ...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
    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
    ...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!
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
"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
"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"
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
    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
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
    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
        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 →


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

U.S. has the largest prison population
"in the history of human civilization."

  •     ...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.

Prisons Full of Innocents

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

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.

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

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
     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.

  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. ...

 "...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

Jailing Americans for Profit: The Rise of the Prison Industrial Complex

Valley Jails Are Doing A Booming Business
The business of housing prisoners in the Red River Valley is booming.  When Crookston's, Northwest Regional Corrections Center opened in 2008, it averaged 115 prisoners a day. Now, officials say the numbers are flirting with its capacity of 200 prisoners a day.  It may not be a great reflection on our society, but those added prisoners bring in extra money to help foot the 10-million dollar a year budget of this jail.  In fact, Greer says they expect to bring in 1-million dollars this year, housing federal, and prisoners from other counties.

By giving freedom to the slave, we assure freedom to the free.”
-Abe Lincoln
Annual message to Congress a month before issuing the final proclamation

The Prison Industry in the United States: Big Business or a New Form of Slavery?:

Modern Slavery
The True Cost:  Why the Private Prison Industry is About so Much More Than Prisons
Corporate financial incentives to shuttle people into the criminal justice system may seem to conflict with intensifying bipartisan concerns around America’s role as the most incarcerated nation on earth. But private prison companies can prosper whether the incarceration rate expands or lowers, by controlling the other ends of the pipeline, from pre-trial supervision to post-prison re-entry....

"This declared indifference, but, as I must think, covert, real zeal, for the spread of slavery, I cannot but hate. I hate it because of the monstrous injustice of slavery itself. I hate it because it deprives our republican example of its just influence in the world, enables the enemies of free institutions with plausibility to taunt us as hypocrites, causes the real friends of freedom to doubt our sincerity, and especially because it forces so many good men among ourselves into an open war with the very fundamental principles of civil liberty, criticizing the Declaration of Independence, and insisting that there is no right principle of action but self-interest."
-ABRAHAM LINCOLN, speech, Oct. 16, 1854

How many prisoners in your State?
List of U.S. states by incarceration and correctional supervision rate

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
5. The Hoax of the Twentieth Century- The Camps
7.  List of U.S. states by incarceration and correctional supervision rate

    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.

        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".  
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.

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:

Risks are socialized while
profits are privatized.

Socialism for the Rich.
Capitalism for the rest.

The Rich Get Richer & the Poor Get Prison, 10th ed (2013)

Rich Get Richer - ... And the Poor Get Prison
CH3:   The Rich Get Richer examines the processes by which our prisons and jails come to be predominately occupied by those from the lowest social and economic classes.  Having argued in Ch 2 that the criminal law fails to prohibit many serious harms done by the powerful, we now argue that the Criminal Justice System 'weeds out the wealthy' and functions in such a way that the poor are 1.) more likely to be arrested 2.) more likely to be charged 3.) more likely to be convicted and 4.) more likely to be sentenced to longer prison sentences than members of middle and upper classes.   
    ... it is the poor who are most likely to be arrested and have a criminal record.  One argument is that at the very beginning of the road to prison, police mainly investigate and arrest those who hold the least political clout or who are least likely to draw attention to police practices - those in the lowest social and economic classes.
    ...calculate the cost of white collar crime at $486 billion and argue that white-collar crime 1.) is much more costly than street crimes 2.) is widespread 3.) white-collar criminals are  seldom arrested and charged 4.) when they are prosecuted and convicted, sentences are light.

Ch 4: To the Vanquished Belong the Spoils: Who Is Winning the Losing War Against Crime?
    Reiman points out that the laws of the state or nation are made to serve the interests of the powerful and not society as a whole. He demonstrates that those who both make and interpret the laws are from the upper class with strong connections to business. Recent events and history demonstrate how the criminal justice system is used to protect the interests of the powerful against the lower class and political dissenters. Ideology is not just deliberate deception, but includes a variety of ways the carnival mirror (Chapter 2) appears to be reflecting a real image rather than a distorted image (where street crime is magnified and corporate crime is diminished).
    Laws shape the way people think about the world and naturalize the current arrangements. Also, the powerful have a prevailing say in what is heard and said about society because they control mass media outlets. [see also how corporate crime isn't covered on TV news] The images relayed by the mass media reinforce the message of dangerous poor people committing street crime because of individual pathology. The vast disparities in income and wealth can only be maintained when inequality is seen as justified. 

Conclusion: Criminal Justice or Criminal Justice
    Reiman wraps up his argument with the assertion that a criminal justice system is a just system only if it equally protects the interests and rights of all and that is equally punishes all who violate these rights or endanger these interests.  When it does not, the system is criminal; the biased use of coercive power - police, courts, prisons - is violence.  Reiman argues that the criminal justice system violates its own morally justifying ideas of equal protection and fairness.

Class, Race, Gender & Crime:
Social Realities of Justice in America  
- Ch 2,   Class


The Crime of Being Poor
    ...what are prisons for? First and foremost, they are tools of social control, a means by which political and economic elites can maintain and enhance their position of dominance over the lower and working classes. The $147 billion a year criminal justice system of police, prosecutors, courts and prisons is to domestic U.S. policy what the military and NATO is to U.S. foreign policy: a means of maintaining the political and economic status quo and crushing any challenges to the current state of affairs.
    ...the dirty secret of American politics: class.
    ...class war is already being waged on the poor and the criminal justice system is the primary weapon in this war.
    ...The not so surprising conclusion was that it is the poor, regardless of race, who bear the brunt of the war on crime, which sounds better than a "war on the poor." This explains why whites are in prisons and the relative absence of wealthy minorities from prisons and jails.

In America, the Law is Not King
    While the heavy hand of the law is used to incarcerate an increasing number of the poor and sentenced for increasingly long periods for even the most petty of crimes, this same rule of law is repeatedly abrogated in the name of protecting the very powerful of this country: the political and financial elites.
    That this two-tiered justice system exists — one tier to protect powerful from any culpability in high crimes committed and the other to severely punish the powerless for the most minor of offenses — represents the deposition of law as king in America, according to Glenn Greenwald in his latest book With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful.

Stop Kidding Yourself The Police Were Created to Control Working Class and Poor People

The poor used to have the most opportunity for growth in America.
Now the rich do.

    Wage growth has collapsed for everyone but the top 1 percent over the past few decades.
Once upon a time, prosperity was so broadly shared that the bottom actually grew faster than the top. It was called "the 1960s."
    You can see what this looked like in the chart above, taken from data in this paper by Roy van der Weide and Branko Milanovic http://elibrary.worldbank.org/doi/pdf/10.1596/1813-9450-6963 . It shows how much the bottom 10 and top 1 percent grew, adjusted for inflation, in both the 1960s, 1990s and 2000s. It seems almost impossible now, but the income of the poorest households -- the bottom 10 percent of them -- grew the fastest in JFK-era America, with the top 1 percent a little bit behind.
    The result, as you can see in a little more detail below, is a world where income growth has collapsed for the bottom 80 percent, but reached new highs for the top 1 percent. And the 1990s, remember, were the good times for the middle class. Unemployment was as low as it's been in living memory, wage growth was, relatively-speaking, high, and the stock market was making everyone feel rich.
    In the 2000s, wage growth was negative for a lot of people. The 1 percent slid a bit because of massive stock market losses in the 2008 financial crisis, but if the data were updated through 2014, they'd surely be booming again. The top 1 percent, after all, have gobbled up 95 percent of the recovery.  http://www.washingtonpost.com/blogs/wonkblog/wp/2013/09/11/how-the-1percent-won-the-recovery-in-one-table/

Hillary Clinton's speech and other remarks from DNC’s final day
The top 1 percent captured 52 percent of the growth in incomes from 2009 through 2015, still a hefty amount. But that’s down from the 2009 through 2012 period, when the top 1 percent captured 91 percent of the growth.

"I see in the near future a crisis approaching that unnerves me and cause me to tremble for safety of my country; corporations have been enthroned, an era of corruption in High Places will follow, and the Money Power of the country will endeavor to prolong its reign by working upon the prejudices of the People, until the wealth is aggregated in a few hands, and the Republic destroyed."
-ABRAHAM LINCOLN, letter to Col. William F. Elkins, Nov. 21, 1864

"The property of this country is absolutely concentred in a very few hands, having revenues of from half a million of guineas a year downwards... I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property, only taking care to let their subdivisions go hand in hand with the natural affections of the human mind. Another means of silently lessening the inequality of property is to exempt all from taxation below a certain point, and to tax the higher portions of property in geometrical progression as they rise. Whenever there is in any country, uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right. The earth is given as a common stock for man to labor and live on."
--Thomas Jefferson to James Madison, October 28,1785. ME 19:17, Papers 8:682

Corporate Welfare vs. Social Welfare Programs:
    About $59 billion is spent on traditional social welfare programs. $92 billion is spent on corporate subsidies. So, the government spent 50% more on corporate welfare than it did on food stamps and housing assistance in 2006.
    However, the largest fraction of corporate welfare spending, about 40%, went through the Department of Agriculture, most of it in the form of farm subsidies.

Government payments to farmers are expected to total $10.6 billion in 2011. Roughly $4.7 bil­lion—or 44 percent—of these payments are in the form of a “direct payment”—payments that do not vary with current prices or crop yields and for which a crop is not necessarily produced. 

Richer Farmers, Bigger Subsidies
    It’s hard to imagine a more widely reviled piece of legislation than the nearly $1 trillion farm bill. Its widely ridiculed handouts to wealthy farmers and perverse incentives have long united liberals concerned about the environment, conservatives upset about the deficit and market-distorting subsidies, and just about everyone concerned about basic fairness.

What Happened When New Zealand Got Rid of Government Subsidies for Farmers
    It has been more than 20 years since a left-leaning government in New Zealand chose to eliminate government subsidies for farmers.

Work Harder Slaves.
Millionaires on Welfare are counting on it.
How do you think they got to be Millionaires?  They did it with your money.  You the Slave allowed the rich to use Legal and Political Plunder to steal the money you worked for to pay your Masters.
One such Farm Bill Ripoff was the Government paid Farmers based on total acreage regardless if they farmed it, or not in addition to the other monies they made from the land by farming the land, or not.  The more land the Farmer had the more money the Government freely gave to Farmers.
It worked like this:  one Farmer owns 2,000 acres.  The Government paid this Farmer $300 per acre for a total of $600,000 per year every year of free money the Farmer did not have to repay it.  In addition the Farmer also receives other monies from the other Farm Programs, Insurance Payments, Plus money the Farmer receives from the crops they grow, etc....  Since the payments were based on Acreage the Farmer has the Farmers would take the money and go buy more land so that the next year the 2,000 acres the Farmer had grew to say 3,000 acres for a total of $900,000 the Government payed that Farmer.  The Farmer buys more land the next year so he had 4,000 acres for a total of $1,200,000 the Government paid the Farmer, Free money freely given to that Farmer using your money.  All the Farmers were receiving this Farm Program.  It drove the value of land sky high because the demand for land was enormous.  Real Estate prices soared for agricultural land as well as all Real Estate.
This is just one such Farm Bill among many that has existed since the Dust Bowl days when the intent of these Welfare Programs were to help the farmer in times of disaster.  But, has been perverted by the criminals in Government to "legally" and "politically" rob the State, and Federal Bank containing your deposit.
This is protectionism, and theft for the rich, and makes it nearly impossible for the lower classes to enter many occupations let alone try to buy any real estate.

Millionaires receive billions in federal ‘welfare,’ Coburn says
    The super-wealthy are receiving billions of dollars in federal benefits... In the 37-page report, titled “Subsidies of the Rich and Famous,” Coburn (R-Okla.) states that since 2003, persons with an annual gross income of at least $1 million have received a total of $9.5 billion in government payments, including $9 billion in Social Security retirement benefits, $74 million in unemployment insurance and $316 million in farm program payments.
Coburn also details about $114 billion in federal tax breaks claimed by millionaires since 2006, at an annual average of $28.5 billion. In 2009, nearly 1,500 millionaires paid no federal income tax,...   “This welfare for the well-off — costing billions of dollars a year — is being paid for with the taxes of the less fortunate, many of who are working two jobs just to make ends meet, and IOUs to be paid off by future generations,” the Oklahoma Republican said in a statement. “We should never demonize those who are successful. Nor should we pamper them with unnecessary welfare to create an appearance everyone is benefiting from federal programs.” ...
    “subsidizing the lifestyles of the rich and famous” ...

Keep in mind the following payments are only to the Millionaires.  The total Corporate, and Welfare to the Rich is much higher.
Subsidies of the Rich and Famous:
- Tom Coburn

These billions of dollars for millionaires include $74 million of unemployment checks, $316 million in farm subsidies, $89 million for preservation of ranches and estates, $9 billion of retirement checks, $75.6 million
in residential energy tax credits, and $7.5 million to compensate for damages caused by emergencies to  property that should have been insured.  All and all, over $9.5 billion in government benefits have been paid to millionaires since 2003.  Millionaires also borrowed $16 million in government backed education loans to attend college. On average, each year, this report found that millionaires enjoy benefits from tax giveaways and federal grant programs totaling $30 billion.  As a result, almost 1,500 millionaires paid no federal ncome tax in 2009.  Fleecing the taxpayer while contributing  nothing is not the American way. ... 

Double Dipping: How Taxpayers Subsidize Farmers Twice for Crop Losses
    “After a decline in crop prices in 2014 and 2015, the U.S. Department of Agriculture boosted farmers’ income by more than $13 billion through two newly enacted subsidy programs,” the report states. “But during the same period, another USDA program paid out nearly as much to ‘compensate’ the same farmers for the same decline in prices. In all, this double-dipping cost American taxpayers almost $23.9 billion.”
    The programs, which can be accessed in addition to the crop insurance program, are the Agricultural Risk Coverage (ARC) program and the Price Loss Coverage (PLC) program. Ag producers can only choose one of these programs to participate in, but they can choose either of them while simultaneously participating in crop insurance.
    The safety net the government provides for American agriculture is one thing, but doesn’t it make sense to pay farmers multiple times for the same losses?

Are North Dakota Farmers Double Dipping on Federal Subsidies?
    According to a new report from the Environmental Working Group – a somewhat infamous organization in agriculture industry circles thanks to their online database of farm subsidy recipients – there are lot of producers double-dipping on federal subsidies.  North Dakota is one of the states where it’s happening the most.... After a decline in crop prices in 2014 and 2015, the U.S. Department of Agriculture boosted farmers’ income by more than $13 billion through two newly enacted subsidy programs,” the report states. “But during the same period, another USDA program paid out nearly as much to ‘compensate’ the same farmers for the same decline in prices. In all, this double-dipping cost American taxpayers almost $23.9 billion.”...

“Democratic Socialism” Is a Contradiction in Terms

Google Search:  farm bill ripoff

Charles Koch slams 'corporate welfare' -Billionaire warns of coming 2-tier society
DANA POINT, California (CNN) —As top GOP presidential candidates arrived at a hotel here to court the influential donors of the Koch network, Charles Koch called on retreat attendees to unite with him in a campaign against "corporate welfare" and "irresponsible spending" by both political parties.  Speaking on the hotel's grassy lawn with the Pacific Ocean shimmering behind him, Koch opened the gathering hosted by Freedom Partners by noting that the theme of the weekend would be "Unleashing Our Free Society." Koch network donors and politicians alike must work toward "eliminating welfare for the wealthy," he said."We're headed toward a two-tiered society -- a society that's destroying opportunities for the disadvantaged and creating welfare for the rich," Koch said. "Misguided policies are creating a permanent underclass, crippling our economy and corrupting the business community," he said, "present company excepted of course."  Koch said clearing those obstacles would require getting business leaders to recognize that accepting "corporate welfare" -- which he defined as subsidies and special preferences for business -- is "suicide long term.""Short term, taking the principled path (is) going to cause some companies some problems, as it will Koch industries," said Koch, who runs his business empire with his brother, David Koch. "But long term it will allow business people to continue to own and run their businesses."  He singled out "big banks" as bad actors who have accepted handouts, including "massive bailouts" and taking "virtually free money from the Fed." To maintain the status quo, the banks "Make big political contributions," he said.  "This destructive cycle goes on and on," he said.  In between seminars this weekend, the roughly 450 donors here will have a chance to continue vetting the 2016 presidential candidates. The current GOP poll leader, Donald Trump, was not invited to the gathering.  Wisconsin Gov. Scott Walker and former Hewlett Packard CEO Carly Fiorina were the first two to address the group on Saturday during a question-answer session moderated by Politico's Mike Allen.  On Sunday, Florida Sen. Marco Rubio, former Florida Gov. Jeb Bush and Texas Sen. Ted Cruz will address members of the Freedom Partners.  Those three, along with Walker and Kentucky Sen. Rand Paul -- who was invited but could not attend -- are considered to be the strongest contenders for Koch Brothers' backing in the 2016 cycle.  But the Kochs have indicated they may not take sides before the primaries begin.  Fiorina was invited because she is less well known, and some Freedom Partners members said they were interested in learning more about her views.  The former Hewlett Packard took a sharp jab at Bush during her session when asked what question she would pose to one of the other candidates in the field.  Given the festering problems in Washington over many decades, Fiorina said she would ask the former Florida governor: "Why do you think you are the Bush who can change that?"

The Big Money Propping Up Harsh Sentences
Multi-million dollar spending on state supreme court races have become the norm. Special-interest groups like Campaign for 2016 and Justice for All North Carolina accounted for a record 29 percent of overall expenditures in 2013-2014, spurred in part by the Supreme Court’s Citizens United decision in 2010. This new record suggests that ads geared toward criminal justice aren’t likely to go away.
As a result, even as bipartisan consensus forms on reining in mass incarceration, politicized judicial elections nevertheless push judges toward tough-on-crime stances. A recent study suggested that more TV ads in supreme court races make judges less likely to side with criminal defendants. They also affect public confidence in the courts: In a 2013 poll, 87 percent of Americans said they believe that campaign donations and independent spending by outside groups affect judges’ rulings....
Without reform, Americans appearing in court may legitimately ask whether judges are deciding their cases based on the law and constitution—or out of fear of future TV ads

Starve The Poor, Feed The Rich
Fox News told a BIG lie about food stamps.

A Wall Street-Main Street split
Who controls the “Jobs, Money, Power” these “rivals” fight over? And why are these resources seen as “finite”? Another article in the Sunday Globe cites a recent study showing America’s 20 wealthiest people now own more than the bottom 152 million. The wealth is there, but owned and controlled by fewer and fewer people (“A Wall Street-Main Street split,” Page A1, Dec. 28).

The Families Funding the 2016 Presidential Election
A New York Times article revealed that just 158 families — along with the companies they own or control — contributed $176 million in the first phase of the 2016 presidential election.  That’s nearly HALF of the money raised to capture the White House so far.  And they still have 4 more months to "buy" the politicians of their choice into power…  Now you tell me, do you HONESTLY think these 158 families — or the politicians they’re putting into power — really have your family’s best interests at heart?
What’s truly frightening is that the article didn’t even touch upon a much deeper grab for money and power that’s taking place behind Washington’s closed doors…

Myth: Poor people and minorities are committing the most crime.
Fact: The rich commit far more crime than the poor.

    The upper class commits far more crime than the lower class. Street criminals stole $15.3 billion in 1993, but white collar-criminals embezzled $200 billion. Street criminals murdered 23,271 people that year, but the decisions of profit-driven corporations murdered at least 318,368 (through pollution, consumer and worker safety violations, etc.) Corporations deserve blame for these deaths because they lobby for and enact policies which drive up these death rates. Virtually all other rich countries have higher safeguards and lower death rates....
    The same is true of murder. Officially, the FBI counted 23,271 murders in 1993. (3) But a truer figure would run at least 318,368, even by the incomplete and conservative count listed below. Society has simply conditioned us not to think of the deaths caused by corporations as murder....
    THE REAL MURDER STATISTICS In 1992, nearly 70,000 Americans were killed from job-related accidents or work-related illness and desease. Another 13.2 million suffered non-fatal injuries or illness, at a cost of $170 billion to the economy....
     THE GRAND TOTAL The above list of how Americans are really murdered is far from complete, but it gives us a start in comparing the official murder rate to the real one. Once again, this is how the FBI counted murders for 1993:
FBI Murder Count, 1993 (FBI)
     Guns                     16,200
     Cutting or stabbing   2,960
     Blunt objects           1,020
     Personal                 1,160
        Asphyxiations         442
     Fire                           209
     All others                1,280
     Total                     23,271
        Now let's calculate the real rate.
    Partial and conservative list of actual murder counts (early 1990's):
Cause                       Deaths    Portion of total
Job-related deaths              17,500    (25 percent of total)
Particulate air pollution       20,000    (of 64,000)
Consumer products              5,425    (25 percent of total)
Cigarettes                        104,750    (25 percent of total)
Second-hand smoke            3,000    (100 percent of total)
Unnecessary surgery         16,000    (100 percent of total)
Unnecessary prescriptions   2,000    (lowest estimate)
Infant Mortality                    5,600    (Rate reduction from 9.22 to 7 percent)
Coronary Heart Disease   122,493    (25 percent of total)
Black pregnancy deaths    17,600    (Rate reduction from 18.1 to 5.0 per 1,000.)
AIDS                                  4,000    (10 percent of total)
Total                               318,368
    The real murder rate is at least 13 times the official one. It should be noted that this list does not count all the general deaths attributable to poverty, which would add hundreds of thousands more to the final count.
    In closing, the middle and upper class are guilty of hypocrisy when they single out lower class crime for especial criticism. The tools that the upper class uses -- lobbyists, deregulation, safety shortcuts, heightened production quotas -- do not seem as terrifying as the tools that a stereotypical criminal uses -- guns, knives, fists, etc. But the results are just as deadly, and far more widespread.

COSTS for Police, Corrections, & Judicial:

Total state corrections expenditures in the United States from 1982 to 2010
(in billion U.S. dollars)


Federal or State Prisoners - Summary by State

Federal Aid to States for Fiscal Year 2009

Federal Government Grants and Other Payments to State and Local Governments, by Agency and for Selected Programs, by State and Outlying Area:
Fiscal Year 2009—

Department of Justice:
Total  $3,894,654,000
FederalPrisonSystem  $28,363,000
Office ofAssetForfeiture $397,931,000
Total $3,468,360,000
Correc­tions, proba­tion,and parole $51,975,000
Crime victims pro­grams $575,941,000
Educa­tion, research, and statistics pro­grams $127,260,000
Juvenile justice pro­grams $306,560,000
Law enforcement assistance Total  $335,288,000
Bullet proof vests  $20,290,000
Community oriented policing program  $1,125,000
Law enforcement block grant  $8,587,000
Violence against women and children  $130,343,000
Weed and seed  $36,919,000
Other  $138,024,000
Substance abuse programs  $1,194,038,000
Other  $877,298,000

Fiscal Year 2013 Federal Budget of the US Government: 
    Provides $27.1 billion in discretionary funding, a decrease of 0.4 percent below the 2012 level. 
Core Federal programs including law enforcement, litigation, and prisons and detention, however, are funded at 1.2 percent above 2012 levels.
    Invests more than $700 million to investigate and prosecute financial crimes, an increase of $55 million over 2012.
    Finances efforts to combat transnational criminal organizations and maintain the security of the Southwest border with new investments in intelligence capabilities and nearly $2 billion in Southwest border enforcement spending.
    Increases funding for the investigation and deterrence of intellectual property crime by $5 million for additional attorneys and FBI agents, bringing total spending to nearly $40 million annually.
    Consistent with Administration-wide efforts to help States maximize effective activities, the Budget continues to assist State and local criminal justice programs with more than $2 billion in program assistance for police hiring, general purpose criminal justice assistance, violence against women programs, and Second Chance Act grants; the same as in 2012.

Tbl 345 -State & local govt expenditures per capita per Criminal Justice function 2007
Based on resident population as of July 1, 2007.
     Total U.S.:
Total Justice system= $633 per resident
Police Protection= $279 per resident
Judicial and Legal= $129 per resident
Corrections= $225 per resident 

     North Dakota:
Total Justice system= $402 per resident
Police Protection= $166per resident
Judicial and Legal= $96 per resident
Corrections= $140 per resident

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)." ...

"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

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 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.

The Effects of Wrongful Convictions
        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
“It Never, Ever Ends”: The Psychological Impact of. Wrongful Conviction.

Wrongfully Convicted Suffer Long-Term Psychological ...
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
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
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

Wrongful Conviction and Government Compensation

Police, Prosecutors: Costs Are High When Misconduct Contributes to Wrongful Conviction

Senate Panel OKs Increased Prosecutor Accountability

Manufacturing Crime: Process, Pretext, and Criminal Justice

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

  • 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

America No Longer Has a Functioning Judicial System
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
    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.

Even the law is corrupt

Corrupt Quotes:

Corrupt America, Malicious Prosecution

Expose Corrupt Courts

Is the U.S. government corrupt?

How the Government Breaks the Law
   ... 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
-Judicial System
- News Archive

FAQ on American Judicial and Legal Corruption

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
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'

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
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
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?
"[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

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:
In the year 2015:
       184 exonerations involved a case in which no crime was committed. That was 58% of exonerations.
       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.
      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.
    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
  • 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

One in nine criminals may have been wrongly convicted (in the Netherlands)
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 -
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
    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


Top 6 Causes for Wrongful Convictions
(Part 3) — Bad Forensics



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
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
"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.

DNA evidence isn't enough to keep innocent people out of jail: criminal justice professor
    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'
    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
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
    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
     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
    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'
    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”

10 Wrongful Convictions Based On False Confessions

DNA Evidence Frees the Innocent
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

Jailhouse snitches face greater scrutiny
        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
    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
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
    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’

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
    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
    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
    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

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

Senate passes sweeping criminal justice reform bill
    “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
    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
    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
    The wrongful conviction of people who plead guilty due to police misconduct “is a disturbingly common feature of the criminal justice system,”

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Why are my comments only visible to me when I'm logged in
Your comments are being deceptively hidden (ghosted) by Google+. A channel owner might have blocked/deleted you, or have his channel set to hold comments for review. You might also be getting wrongly targeted by Google's spam filter. It marks a lot of normal comments as spam, and might even designate you as a spammer for a period of time.

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Boycott Facebook
Unlike This: Social Media Companies Bow to Government Censorship Requests -
Bill of Rights Defense Committee and Defending Dissent Foundation
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....

Due to site storage limitations this site continues at:

Eventually this site will be divided up based on Topic with separate sites for each subject matter.

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, 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
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
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

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
    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?

   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 
    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.

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
  • 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.

Hold Prosecutors Accountable for Misconduct in Wrongful Conviction
Please SIGN & SHARE this petition. Thank YOU!
Sign the petition at: http://www.justice-not-politics.com/


The Unchecked Charging Power of the Prosecutor

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

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
    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
    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
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
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,"

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)

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
    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
    “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


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

Criminal Investigative Failures Avoiding the Pitfalls

New Study Show Statistical Factors Behind Wrongful Convictions...

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

New crop of documentaries make the case for prosecutorial misconduct
    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

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

Please SIGN & SHARE this petition. Thank YOU!
Sign the Petition to
Stop Wrongful Convictions of
Domestic Violence

Prosecutor Bias and Misconduct in Domestic Violence and Sexual Assault Cases

Who Kills Whom? Victim-Offender Relationship
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

Domestic Violence Deaths in
of Victim, 1992-2011:

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.

Hold False Accusers Accountable For Making False Accusations.
SIGN & SHARE this petition.

False accusation will cost woman $55,000

False Allegations Awareness

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.


Abusegate: teaching women to falsely accuse

False Allegations

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

Just the Facts


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

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
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.

(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:










































"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.

    ..."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.

  • 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

New study links sleep deprivation to false memories

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

Comments Section:
We may or may not agree with the following comments.  We post all comments related to the topic of this website to provide fair and equal free speech for all.

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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.

...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.

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

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.

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.

Links to wrongful conviction organizations:
(The following links are listed for an information source.  We may, or may not endorse them.)

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

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

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….
    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
    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

National Registry of Exonerations

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
...  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. ...

Wrongfully Convicted: Scott Walker: No Pardons for 1,000s with "Compelling Case" of Innocence
    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
    Oregon is now at the forefront of trying to ensure contested eyewitness testimony has a reasonable degree of reliability before it is admissible evidence.

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8 Myths that Lead to Wrongful Convictions


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Wrongful Conviction:
International Perspectives on Miscarriages of Justice


Wrongful Conviction: International Perspectives on Miscarriages of Justice pdf.

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
    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
    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

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

Statistical Data On Wrongful Convictions

Death-penalty analysis reveals extent of wrongful convictions
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
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
“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
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:
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
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)

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.

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
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
    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

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,
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:

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
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
...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
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?
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?
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
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
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
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
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?

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

To Reduce Wrongful Convictions, Reform the 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
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

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
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
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

    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

...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

 Good Jurors Nullify Bad Laws: Reclaiming the Right of Every Juror    

One Third of Field Drug Test Units Give False Positives 
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
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
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

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
   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

Tainted Identifications
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
    “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
    “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
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

Why We Can’t Always Trust DNA Evidence

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
"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
“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
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?

Court Orders Prosecutors To Stop Dragging Feet On 20k Convictions Resulting From Faked Drug Lab Tests
     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

The Guilty Plea Problem

       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
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.

PAGE 15 ISSUE 65 - FALL 2017
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
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

The Disappearing Sixth Amendment
    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
    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....
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

B.C. murder: The effect of maintaining innocence on obtaining parole
    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
    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
    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
    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....

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
    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
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
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.
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
    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

    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
    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
    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
    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

2017: A Roller Coaster Ride of a Year in False Confessions
    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
    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

America is one big lie and you are a fool for believing in it.  George Carlin

Presumption of innocence must survive for true justice
    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
    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

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....

How to make an innocent client plead guilty
    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
    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
    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
    “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

Wrongful Convictions: The Ugly Truth of 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

World DNA Day on April 25,
DNA’s Revolutionary Role in Freeing the Innocent

Celebrating World DNA Day: The History of DNA and its Unique Role in Proving Innocence

Safety from Plea-Bargains’ Hazards
       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
    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.

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