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.
Motto: 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:https://sites.google.com/site/nodakwc/gun-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.
Quotes "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
"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.”
“Ours is a world in which justice is accidental, and innocence no protection.”
Euripedes, 400 BC.
"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
"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
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
This study is one of the least claimed for wrongful convictions of serious crimes.
10,000 INNOCENT PEOPLE CONVICTED EACH YEAR OF SERIOUS CRIMES, STUDY ESTIMATES
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.
Trial Results data of serious crimes
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.
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
The Causes of Wrongful Conviction
Preview: The Causes of Wrongful Conviction (p 6 and p 7)
... Crowded court dockets (springing in large part from the conservatives’ war on drugs), bureaucracy, budgetary pressures, and careerism have contributed to elevating ambition above justice. The emergence of moral causes or ends that justify the means, such as “saving our children from drugs” and “making environmental polluters pay,” has contributed greatly to the breakdown of prosecutorial restraint.
Today a prosecutor who gives the defendant the benefit of the doubt is regarded as a failure. Robert Merkel, a U.S. attorney during 1982–88, says that prosecution “is a result-oriented process today, fairness be damned” (Moushey 1998, 3). Merkle says prosecutors are pressured to justify budgets with convictions, “and that causes them to prosecute absolutely bogus cases to get those statistics” (Moushey 1998, 4).
In 1998, former deputy U.S. attorney general Arnold I. Burns wrote in the Wall Street Journal that “it is time for a sober reassessment of the power we have concentrated in the hands of prosecutors and the alarming absence of effective checks and balances to prevent the widespread abuse of that power” (A23). A law school textbook, Prosecutorial Misconduct, now in its second edition (Gershman 1991), is evidence that the problem is not going away on its own.
Honest prosecutors have the same interest as defendants in the integrity of the criminal justice system. It is in their interest that withholding exculpatory evidence not become routine and that suborned perjury not become the only evidence in a
case. Juries alone are not a deterrent. Juries are often unaware that the witness giving incriminating testimony not only has been rehearsed in the role but also has been paid by the prosecutor with money or reduced prison time or dropped charges.
In 1998, the Pittsburgh Post-Gazette summed up its investigative reports of prosecutorial misconduct as follows: hundreds of times during the past 10 years, federal agents and prosecutors have pursued justice by breaking the law. They lied, hid evidence, distorted
facts, engaged in cover-ups, paid for perjury and set-up innocent people in a relentless effort to win indictments, guilty pleas and convictions. Rarely
were these federal officials punished for their misconduct. . . . Perjury has become the coin of the realm in federal law enforcement. People’s homes
are invaded because of lies. People are arrested because of lies. People go to prison because of lies. People stay in prison because of lies, and bad guys go free because of lies. (Moushey 1998, 40)
A new practice known as “jumping on the bus” has taken the prosecutorial ethic to the rock-bottom depth. Informants sell information on unsolved cases to an inmate, or prosecutors and federal agents feed this material to an inmate. The inmate memorizes the case, thereby seeming to have inside knowledge when he comes forward with information to trade in exchange for a reduced sentence. In the absence of evidence, this practice is used sometimes against a person only believed to be guilty.
Sometimes it is used to close unsolved cases, and sometimes it occurs at an inmate’s initiative. Formerly, self-serving accusations by criminals were treated only as leads to be investigated. If the leads proved helpful, evidence still had to be marshaled. Today the accusation is the evidence. Thus, the criminal element itself has a big say in who goes to prison. Weak and fabricated evidence suffices because seldom is it tested in court. According to the Justice Department, only approximately one case in twenty goes to trial; the rest are settled with pleas (Maguire and Pastore 1995, 461–63, 483–86).
Conservatives believe that the problem with plea bargaining is that it permits criminals to get off too lightly, thus undermining the deterrent effect of punishment. However, the problem with plea bargains is far more serious. Plea bargains have corrupted the justice system by creating fictional crimes in place of real ones. The practice of having people admit to what did not happen in order to avoid charges for what did happen creates a legal culture that elevates fiction over truth. By making the facts of the case malleable, plea bargains enable prosecutors to supplement weak evidence with psychological pressure. Legal scholar John Langbein compares “the modern American plea bargaining system” with “the ancient system of judicial torture” (1978, 8).
Many innocent people cop a plea just to end their ordeal. Confession and self-incrimination have replaced the jury trial. Just as Bentham wanted, torture has been resurrected as a principal method of conviction. As this legal culture now operates, it permits prosecutors to bring charges in the absence of crimes. Plea bargaining is a major cause of wrongful conviction. First, plea bargains undermine police investigative work. Because few cases go to trial, police have learned that their evidence is seldom tested in the courtroom. Carelessness creeps in. Sloppy investigations are less likely to lead to apprehension of the guilty party.
Second, plea bargaining greatly increases the number of cases that can be prosecuted. Prosecutors have found that they can coerce a plea and elevate their conviction rate by raising the number and seriousness of the charges that they throw at a defendant. Counsel advises defendants that conviction at trial on even one charge can carry more severe punishment than a plea to a lesser charge. The sentencing differential alone is enough to make plea bargaining coercive.
A circularity of reasoning justifies plea bargaining. Without plea bargaining, the argument goes, the courts would not be able to handle the caseload. This argument is unconvincing. The obvious solution is to create enough courts to handle the caseload or to reduce the caseload by eliminating victimless crimes, such as drug possession and trumped-up charges based on regulatory interpretation. Without the war on drugs, asset forfeiture, and months-long court disputes over the meaning of a lengthy arcane regulation, there would be enough courts and judges to handle the serious crimes. ...
"...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
U.S. has the largest prison population
"in the history of human civilization."
Incarceration in the United States
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.”
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?:
"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
U.S. prison population dwarfs that of other nations:
Prison population comparison,
Nazi Germany vs. USA:
*** United States Today: "In 2006, over 7.2 million Americans were on probation, in jail or prison, or on parole at yearend 2006 -- 3.2% of all U.S. adult residents or 1 in every 31 adults." - U.S. Department of Justice
NOTE: It's far worse now in 2007.
3. War and Its Shadow: Spain's Civil War in Europe's Long Twentieth Century, Page 109
4. How Bad Is The U.S.?
5. The Hoax of the Twentieth Century- The Camps
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:
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
U.S. CENSUS BUREAU
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:
Office ofAssetForfeiture $397,931,000
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
Substance abuse programs $1,194,038,000
Fiscal Year 2013 Federal Budget of the US Government:
DEPARTMENT OF JUSTICE Hi-Lites
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 Justice system= $633 per resident
Police Protection= $279 per resident
Judicial and Legal= $129 per resident
Corrections= $225 per resident
Total Justice system= $402 per resident
Police Protection= $166per resident
Judicial and Legal= $96 per resident
Corrections= $140 per resident
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.
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/
"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.
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?"
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 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
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.
SHOCKING: CCA’s Prison Lobby is Destroying America
Even the law is corrupt
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
- News Archive
FAQ on American Judicial and Legal Corruption
Despite being Innocent
over 95% are forced to plead guilty rather than go to trial.
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."
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.
Prosecutors, Charge Stacking, and Plea Dealshttp://wrongfulconvictionsblog.org/2015/06/12/prosecutors-charge-stacking-and-plea-deals/
We’ve posted several times on the blog about how prosecutors will “stack charges” against a defendant, thus building a very long potential prison sentence if convicted, and then approach the defendant with a “plea deal” that would result in a guaranteed, substantially reduced charge and sentence if the defendant agrees to plead guilty to the reduced offense.
If the defendant takes the deal, the prosecutor doesn’t have to take the case to trial, and possibly not even to a grand jury, both of which are a lot of work and require a lot of time on the part of the prosecutor. This has become absolutely standard practice.
The prosecutor will “stack” charges to build such a scary potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “trial penalty ” – that very scary long sentence if they should somehow be convicted at trial.
Not surprisingly, the nature of the deal offered by the prosecutor will be driven by how strong a case he/she thinks they would have in court – the weaker the case, the better the deal.
Let me also add that the prosecutor has no problem assembling a very long 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 →
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
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.
A few wealthy families provide most cash for presidential race...
'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.
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...
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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
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 ConvictionPlease SIGN & SHARE this petition. Thank YOU!
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HOW TO FILE A PROSECUTOR ETHICS COMPLAINT
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
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,"
False Confessions – How Can That Happen??
Blatantly Coerced Confession Results in Conviction ReversalView the Documentary Film (Highly Recommended)
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.
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...
Why can’t law enforcement admit their mistakes?
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?
Uncertain Justice: The Presumption of Innocence is Being Lost, Most Say
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
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Stop Wrongful Convictions of
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
by WEAPON & GENDER
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:
Let’s be perfectly clear: Making a false accusation of domestic violence is a crime, and persons who make such allegations should be held liable for their actions.
June is False Allegations Awareness Month. Throughout the month, events are held around the country to raise awareness that making a false allegation of abuse is a form of abuse.
Facebook/FALSE ALLEGATIONS OF DOMESTIC VIOLENCE MUST STOP
Abusegate: teaching women to falsely accuse
One in 10 Falsely Accused of domestic violence, child abuse, or sexual assault
Just the Facts
FALSE ALLEGATIONS OF DOMESTIC VIOLENCE
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.
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 ...
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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: Class - The Real Discrimination.
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.
Class is being discriminated by Law Enforcement, and by the Court System which violates the 14th Amendment. Do poor people actually commit more crimes than rich people, or does Law Enforcement cover the rich by framing the poor for the crimes of the rich? Is this another factor of Wrongful Convictions? The poor who pays for the crimes of the rich.
Are Law Enforcement scared of rich people? Are the Courts scared of rich people? Why does the Law target poor people? Because they can, and they do, and they get away with it.
BILL OF RIGHTS: AMENDMENT XIV
...or deny to any person within its jurisdiction the equal protection of the laws.
To some this statement refers solely to race, or gender. Read the entirety:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; or deny to any person within its jurisdiction the equal protection of the laws.
Law Enforcement is more likely to arrest the poor person in a dispute with a wealthy person despite the poor person being Innocent, and even if the wealthy has instigated a crime against the poor person. And when the case goes to Court the court will most often rule in favor of the wealthy.
Comment: The Law is Big Business.
Should the Law be run like a business? Would that treat people as objects for profit.? Or should Law be about Justice.? It appears todays law is business, and the person with the money is "innocent" whereas, the poor man with no money is "guilty". It is not about who is right or wrong, it is who has the power.
Some of the blame of wrongful convictions is money. Money is the incentive for people to make false accusations, and perjure. Money is also the incentive for Official misconduct by law enforcement and the court system. Each standing to gain not only by financial rewards but, also political gain, career advancements, etc...
The citizens gain of wrongful convictions by free financial assistance programs (food, housing, medical, job assistance, education, ...) intended to help real victims, not the Liars mis-using this program. Free money comes from free government grants, and private donations. More reported cases increase crime numbers which increases free money going to these programs.
Citizen gain is often also revenge, "get even" with someone they don't like. Citizen gain can be to discredit someone for future dispute actions which will discredit the opponent putting a criminal record on the person to make that person look bad. Citizen gain can be for political, or business rivalry reasons to hold back and discredit the opponent, or push personal agendas. For gun control people, wrongfully convicting the opponent will remove more firearms from citizens by way of criminal restrictions to possess laws.
Women, and children mis-use the abuse, and domestic violence laws not only for finacial rewards they receive from these programs but, they also gain from empowerment. They use these laws to punish their parent or spouse as revenge or "get even", or to win the arguement. They mis-use the program as leverage to get what they want out of the parent or spouse ("do this and that for me or I will call the cops and you will be in jail and kicked out of the house".) So children hold the parent hostage to avoid parental discipline, and a spouse will do that to their married partner for same reason as a threat against the other as a form of control leverage.
The legal system gains from wrongful convictions also by increased crime data to increase free governemnt grants, and private donations. The more people convicted brings in more money from grants, and also from the person convicted who must pay fines, fees, court costs, attorneys, any other court ordered programs.
So to me it is clear to see why so many wrongful convictions. Because the Law and Government rewards, and places financial incentives for citizens, and the legal system in whole to Lie, make false accusations, perjure, falsify police reports, set up crime, frame, coerce false statements, etc... so that crime data can become inflated for financial gain.
Money, and any incentives must be removed entirely from law and law enforcement, and away from citizens to gain by conviction of another party. Also more needs to be done to invent and improve new and existing scientific techniques which proves innocence and guilt like DNA, Lie Detectors, etc...
Comment: Helping True Victims? Or Aiding and Abedding criminals that commit fraud, perjury, false accusations, ...
The phrase explains their mission which is not about seeking justice. Its mission is empowerment, with a little "e". Thus, their mission is to empower women by acting in small ways which are easier to hide the deceit, acting in Non-Bold ways, hoping nobody notices their Lies and fraud.
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 CasesFebruary 11, 2014 at 11:48am
The Innocents Database linked to from Justice Denied's website is the world largest database of wrongly convicted people. It now lists 4,401 cases. All the cases are supported by sources for research. Those sources include court decisions, newspaper and magazine articles, and books.
The Innocents Database includes:
582 innocent people sentenced to death.
787 innocent people sentenced to life in prison.
1,663 innocent people convicted of murder were imprisoned an average of 9-1/2 years before their exoneration.
613 innocent people convicted of rape or sexual assault were imprisoned an average of 10 years before their exoneration.
554 innocent people were convicted after a false confession by him or herself or a co-defendant.
293 innocent people were convicted of a crime that never occurred.
165 innocent people were posthumously exonerated by a court or a pardon.
64 innocent people were convicted of a crime when they were in another city, state or country from where the crime occurred.
1,241 innocent people had 1 or more co-defendants. The most innocent co-defendants in any one case was 29, and ten cases had 12 or more co-defendants.
12% of wrongly convicted persons are women.
The average for all exonerated persons is 7-1/2 years imprisonment before their release.
31 is the average age when a person is wrongly convicted.
Cases of innocent people convicted in 109 countries are in the database.
2,527 cases involve a person convicted in the United States.
1,874 cases involve a person convicted in a country other than the U.S.
Innocents Database's homepage: http://forejustice.org/search_idb.htm
Open Up DNA Databases to All
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:
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. ...
False Arrests, Convictions and Imprisonments
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.
Download False Justice:
8 Myths that Lead to Wrongful Convictions
Ebook: False Justice : 8 Myths that Lead to Wrongful Convictions Total size: 7.53 MB
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
The judge provided one formula for calculating compensation damages:
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:http://www.law.umich.edu/special/exoneration/Documents/1600_Exonerations.pdf
1,615 Exonerations as of 6/15/15
Of the 1,600 individual exonerations from January 1989 through May18,2015:
For all exonerations, the most common causal factors that we have identified are (See Table 5):
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.
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 DayIt’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.
October 2nd marks a solemn commemoration around the world:
‘Wrongful Conviction Day.’
Criminal Law 2.0,http://wrongfulconvictionsblog.org/2015/09/02/criminal-law-2-0-by-the-hon-alex-kozinski-why-the-us-justice-system-really-isnt-just/
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.