The judicial system IS based on the belief it's better to free the guilty than condemn the innocent.
Joel Send a noteboard - 05/07/2011 11:52:37 PM
So thank goodness at least one person got it right. It's funny how much people trash defense attorneys for wanting to get their client off at any cost and regardless of guilt; prosecutors live and die by their conviction percentage. They often won't prosecute people they KNOW are guilty simply because they don't think they can win a conviction; the conviction percentage is SACRED, far more so than justice. The flip side of that coin is that if cops give them a solid case against a plausible suspect they have little interest in creating unwelcome reasonable doubt by investigating other possible culprits. Even if that means sending an innocent man to death row while an anonymous murderer roams free to strike again.
Reference to the O.J. trial is interesting, because it's always staggered me how people missed the real lessons of that case. First and foremost is how badly the police and prosecutors butchered an open and shut case; between investigators proven racism, contamination of otherwise irrefutable DNA evidence and insistence O.J. try on a glove they only found on their second pass through the crime scene, they practically manufactured reasonable doubt. The cops and prosecutors destroyed a wealth of opportunities to convict a man who almost certainly murdered two people, which is pathetic and a little disturbing. Take away reasonable doubt and we're left with a preponderance of evidence--exactly what convicted him in the CIVIL trial, where the standard of proof is very different than when a mans freedom, let alone his life, is at stake.
Which brings us back to the justice systems very foundation, and the bigger lesson of the O.J. trials, so it is only right following the celebration of Americas independence to review John Adams' defence at the trial of British soldiers involved in the Boston Massacre:
How often have we heard precisely this sentiment from convicted criminals? The concept that "if you do the time, do the crime", that an innocent man treated as a criminal might as well BECOME one? That's why it's better to free the guilty than condemn the innocent: Because a legal system that treats the innocent as guilty creates public contempt, not just for the system, but for the moral virtues it openly mocks. So if this woman actually murdered her own infant child and the prosecution managed, despite every weapon in its arsenal and the meager legal defense she could afford, to drop the ball, I truly lament that ineptness, but am truly grateful the jury refused to convict her without proof just because they "knew" she was guilty. What the peanut gallery "knows" (or thinks it does) despite no access to the evidence the REAL jury saw is as irrelevant as it is ignorant.
Reference to the O.J. trial is interesting, because it's always staggered me how people missed the real lessons of that case. First and foremost is how badly the police and prosecutors butchered an open and shut case; between investigators proven racism, contamination of otherwise irrefutable DNA evidence and insistence O.J. try on a glove they only found on their second pass through the crime scene, they practically manufactured reasonable doubt. The cops and prosecutors destroyed a wealth of opportunities to convict a man who almost certainly murdered two people, which is pathetic and a little disturbing. Take away reasonable doubt and we're left with a preponderance of evidence--exactly what convicted him in the CIVIL trial, where the standard of proof is very different than when a mans freedom, let alone his life, is at stake.
Which brings us back to the justice systems very foundation, and the bigger lesson of the O.J. trials, so it is only right following the celebration of Americas independence to review John Adams' defence at the trial of British soldiers involved in the Boston Massacre:
We find in the rules laid down by the greatest English judges... [that] we are to look upon it as more beneficial that many guilty persons should escape unpunished than one innocent person should suffer. The reason is because it is of more importance to [the] community that innocence should be protected than it is that guilt should be punished, for guilt and crimes are so frequent in the world that all of them cannot be punished, and many times they happen in such a manner that it is not of much consequence to the public whether they are punished or not. But when innocence itself is brought to the bar and condemned, especially to die, the subject will exclaim, “It is immaterial to me whether I behave well or ill, for virtue itself is no security.” And if such sentiment as this should take place in the mind of the subject there would be an end to all security whatsoever.
How often have we heard precisely this sentiment from convicted criminals? The concept that "if you do the time, do the crime", that an innocent man treated as a criminal might as well BECOME one? That's why it's better to free the guilty than condemn the innocent: Because a legal system that treats the innocent as guilty creates public contempt, not just for the system, but for the moral virtues it openly mocks. So if this woman actually murdered her own infant child and the prosecution managed, despite every weapon in its arsenal and the meager legal defense she could afford, to drop the ball, I truly lament that ineptness, but am truly grateful the jury refused to convict her without proof just because they "knew" she was guilty. What the peanut gallery "knows" (or thinks it does) despite no access to the evidence the REAL jury saw is as irrelevant as it is ignorant.
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.
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Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!
LoL. Be well, RAFOlk.
This message last edited by Joel on 06/07/2011 at 04:50:42 AM
Casey Anthony found the only 12 people on earth that didnt think she was guilty, Congratulations!
05/07/2011 09:23:49 PM
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Judge not lest you be judged
05/07/2011 10:10:14 PM
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I believe in divine judgement
05/07/2011 11:38:44 PM
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I can tell you exactly why a jury didn't find her guilty of perjury, child neglect etc:
06/07/2011 12:04:12 AM
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she was found guilty of 7 counts of lying to the Authorities
06/07/2011 12:10:03 AM
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You so-and-sos convinced me to look this up on Wikipedia.
06/07/2011 05:11:40 PM
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That tweet sums it all up...
05/07/2011 10:43:55 PM
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This. There is a reason we do trial by jury not trial by lynch mob. *NM*
05/07/2011 10:47:56 PM
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Kinda makes one wonder about how truthful and non-biased the information from the media is, no?
05/07/2011 11:15:25 PM
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the thing is
05/07/2011 11:30:17 PM
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The public was presented with all 33 days worth?
05/07/2011 11:35:05 PM
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I didn't watch it all, and I bet most of the public didn't either.
05/07/2011 11:44:04 PM
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murder conviction REQUIRES unanimity from the jury
06/07/2011 03:40:21 PM
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Exactly! What did the jury learn that we the public didn't?
05/07/2011 11:31:56 PM
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Did you spend 8 hours a day for a month going thru the evidence? *NM*
05/07/2011 11:36:03 PM
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The judicial system IS based on the belief it's better to free the guilty than condemn the innocent.
05/07/2011 11:52:37 PM
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So far this is the first time I've used the Facebook "LIKE" button.
06/07/2011 04:46:06 AM
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I would have to side with the jury on this one. As much as I think she did it, I could not have
06/07/2011 12:18:05 AM
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I cannot begin to express how little I care.
06/07/2011 01:07:48 AM
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I wholeheartedly agree.
06/07/2011 01:28:22 AM
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You think her race and sex are irrelevant to the media attention garnered?
06/07/2011 06:55:33 AM
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In a word, yes.
06/07/2011 12:27:37 PM
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except it does apply.
06/07/2011 02:43:08 PM
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I agree, but what if the accused was of a different race/ethnicity?
06/07/2011 02:55:22 PM
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Last I heard, we don't try people via the Court of Public Opinion *NM*
06/07/2011 03:13:40 AM
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Nope. I didn't think she was guilty of 1st degree murder. Nobody is to blame but the prosecutors...
06/07/2011 04:37:39 AM
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she did claim the death was an accident and she was found not guilty of manslaughter as well *NM*
06/07/2011 12:56:18 PM
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I thuught they would have had to charge her with that in order to convict her of it?
07/07/2011 02:37:53 AM
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