Comments on: The execution of an innocent man http://www.samefacts.com/2009/09/crime-control/the-execution-of-an-innocent-man/ Everyone is entitled to his own opinion, but not his own facts. Fri, 10 Feb 2012 05:22:01 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: newageblues http://www.samefacts.com/2009/09/crime-control/the-execution-of-an-innocent-man/comment-page-1/#comment-32738 newageblues Sun, 06 Sep 2009 22:53:36 +0000 http://samefacts.dreamhosters.com/2009/09/uncategorized/the-execution-of-an-innocent-man/#comment-32738 "finality of verdict" is an sick evil concept. Don't try to tell me that after a certain point it no longer matters whether someone is guilty or innocent, you know damn well that's not how you'd feel if it were you who was falsely convicted. “finality of verdict” is an sick evil concept. Don’t try to tell me that after a certain point it no longer matters whether someone is guilty or innocent, you know damn well that’s not how you’d feel if it were you who was falsely convicted.

]]> By: tex http://www.samefacts.com/2009/09/crime-control/the-execution-of-an-innocent-man/comment-page-1/#comment-32730 tex Sun, 06 Sep 2009 18:50:41 +0000 http://samefacts.dreamhosters.com/2009/09/uncategorized/the-execution-of-an-innocent-man/#comment-32730 It's called the Public Defender. I disagree that "no jurisdiction" spends money on this sort of thing. I have been a public defender for 11 years and one of my specialties is post-conviction litigation. When I worked at Ohio Public Defender, I was part of a unit of 9 or 10 lawyers. Post-conviction work is all we did (appeals, habeas corpus, DNA litigation, etc). Aside from basic appeals, inmates wrote us letters. If we thought there might be something to the claim, we would investigate it and litigate it. We got innocent people out of prison. I'm at the Federal Public Defender now and we also handle habeas corpus cases to look into wrongful convictions. The laws at both the state and local level are designed to keep people out of court if they miss certain litigation deadlines and procedural hurdles. Its something the courts call the "finality of judgment." Trying to litigate a cold case can be futile because of the court rules, which is what Justice Scalia is talking about when he says an innocent person does not have a constitutional right to a hearing just because he claims he is innocent. The system is not set up to allow the wrongfully convicted to litigate their cases indefinitely or for counsel to be appointed to represent them. Re-opening old cases is not easy but there are plenty of dedicated criminal defense lawyers at public defender's offices who know how to do this work. The states and the feds should make post-conviction investigations a priority by funding public defender offices with post-conviction litigators and investigators. The courts should be encouraged to appoint counsel in more post-conviction situations. It’s called the Public Defender. I disagree that “no jurisdiction” spends money on this sort of thing. I have been a public defender for 11 years and one of my specialties is post-conviction litigation. When I worked at Ohio Public Defender, I was part of a unit of 9 or 10 lawyers. Post-conviction work is all we did (appeals, habeas corpus, DNA litigation, etc). Aside from basic appeals, inmates wrote us letters. If we thought there might be something to the claim, we would investigate it and litigate it. We got innocent people out of prison. I’m at the Federal Public Defender now and we also handle habeas corpus cases to look into wrongful convictions.

The laws at both the state and local level are designed to keep people out of court if they miss certain litigation deadlines and procedural hurdles. Its something the courts call the “finality of judgment.” Trying to litigate a cold case can be futile because of the court rules, which is what Justice Scalia is talking about when he says an innocent person does not have a constitutional right to a hearing just because he claims he is innocent. The system is not set up to allow the wrongfully convicted to litigate their cases indefinitely or for counsel to be appointed to represent them.

Re-opening old cases is not easy but there are plenty of dedicated criminal defense lawyers at public defender’s offices who know how to do this work. The states and the feds should make post-conviction investigations a priority by funding public defender offices with post-conviction litigators and investigators. The courts should be encouraged to appoint counsel in more post-conviction situations.

]]> By: Sutton http://www.samefacts.com/2009/09/crime-control/the-execution-of-an-innocent-man/comment-page-1/#comment-32691 Sutton Sun, 06 Sep 2009 01:15:30 +0000 http://samefacts.dreamhosters.com/2009/09/uncategorized/the-execution-of-an-innocent-man/#comment-32691 How do you live with yourself if—as a prosecutor, as a governor, as whoever feels he bears responsibility for the outcomes of criminal trials—if you DON'T have an ongoing effort like this? Answer: only if you're able to operate under the belief, even if only subconscious, that these people matter less than the rest of us. How do you live with yourself if—as a prosecutor, as a governor, as whoever feels he bears responsibility for the outcomes of criminal trials—if you DON’T have an ongoing effort like this?

Answer: only if you’re able to operate under the belief, even if only subconscious, that these people matter less than the rest of us.

]]> By: Give them the chair « GROUP CASUISTRY http://www.samefacts.com/2009/09/crime-control/the-execution-of-an-innocent-man/comment-page-1/#comment-32674 Give them the chair « GROUP CASUISTRY Sat, 05 Sep 2009 16:32:48 +0000 http://samefacts.dreamhosters.com/2009/09/uncategorized/the-execution-of-an-innocent-man/#comment-32674 [...] love this blog post. It calls for federal monies to be used to exonerate those who have been railroaded onto [...] [...] love this blog post. It calls for federal monies to be used to exonerate those who have been railroaded onto [...]

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