Sunday, November 25, 2007

The Innocence Project - Life After Release

Excellent feature in todays New York Times about the difficulties the innocent have adjusting to the real world after release. Once again there is a conspicuous lack of accountability on the part of the police and prosecutors who perpetrated this fraud. We have suggested previously that some of a prosecutors pension be based on keeping the innocent out of jail. Essentially a bit from each paycheck would be held in escrow and released over time. he prosecutor would be funding a reimbursement fund for his mistakes. Here are some interesting stats from the article:

At least 205 men and one woman nationwide have been exonerated through DNA evidence since 1989, including 53 who, like Mr. Deskovic, were convicted of murder.
...
More than a quarter of all prisoners exonerated by DNA evidence had falsely confessed or made incriminating statements, according to the Innocence Project, the legal clinic that secured Mr. Deskovic’s release. Like many of those men, he had maintained his innocence since shortly after the confession, proclaiming at his sentencing hearing: “I didn’t do anything.”

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Monday, November 19, 2007

Drew Edmondson - Another Abusive AG

Forbes was the first MSM organization to break this story of AG misconduct in Oklahoma. This goes beyond tin-pot dictator tactics of prosecuting political opponents – these victims were only lobbying to change the law. Thuggish AG, Drew Edmondson, has gone too far to back off, and as the heat on him increases he will be desperate to settle and is thusly throwing everything he can at them.

A jury trial would only embarrass him. As per usual, he hides behind the abusive prosecutors cliché of "we're charged with enforcing the laws that are on the books," as if he has no discretion.

There is not even a semblance of pretense that this is anything other than political:

Like many other ambitious AGs, Mr. Edmondson has his eye on higher office, and indicting Tabor supporters will win him friends among the unions and liberal interest groups that can sway a fight for the Democratic nomination. With so many other real crimes to deter, his pursuit of citizen petitioners is not the kind of prosecutorial zeal we need.

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Wednesday, November 14, 2007

AG Accountability Needed

Attorney Generals have a tendency to appeal to the lowest common denominator in an attempt to build their own status. Demagoguery is par for the course. From Giuliani to Spitzer, AGs shamelessly manipulate the press and abuse their office for personal political gain. To restore dignity to the office of Attorney General, these mutts must be curbed.

The Wall Street Journal has endorsed a minimal code of ethics for AG’s, which won’t keep most politician wannabes from gaining the office, just from blatantly abusing it:

But it wouldn't hurt to have some common legal parameters that also protect the due process rights of their targets. To that end, the Institute for Legal Reform has proposed a code of conduct for state AGs.

The code includes nothing that shouldn't already be Legal Ethics 101, such as refraining from public comments that could prejudice a case, and not threatening companies with criminal action to gain advantage in a civil suit....

These guidelines ought to be more than acceptable to public servants who wield great power and claim to be ethical watchdogs themselves. That they are consistently ignored -- from coast to coast -- suggests that the political system needs to start imposing some accountability on AGs gone wild.

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Thursday, November 8, 2007

Law vs Equity in Nigeria, the US Connection

Aloy Ejimakor discusses the letter of the law vs the right thing in Nigeria's election. The ways the US handles the issue is the basis of the essay:
And whenever that happens, we should understand that the court or jury is not crazy but merely using its long-arm jurisdiction as a fact-finder to right flagrant wrongs and make new laws at the same time, if not asserting its common law role as part of the grundnorm. Amaechi's surprising victory is no exception, and so, though patently untenable in law, the ruling declaring him the duly elected governor is sound in equity and it is final. It shall remain the law of the land until the National Assembly upturns it by legislation, but not retroactively.

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