Quote:
Originally Posted by UGAalum94
Sure if we knew that the jury relied heavily on the forensic evidence in reaching their decision, it would be a big deal. I've only read the linked article, and it doesn't say much. ETA: and, assuming that we just going on the original article here: wouldn't you say that the burden of proof shifts quite a bit post conviction? At that point, a jury has decided guilt was proven beyond a reasonable doubt, and the convicted person has to establish that the new evidence would have yielded a different outcome, right?
Sometimes the forensic evidence is just one component of a much larger case. Problems with it alone doesn't really "prove innocence" unless that was all there was to the case or if what was faulty about it actually makes it impossible for the crime to have been committed as prosecuted.
The linked article in this thread doesn't really get it there.
ETA: the New Yorker article outlines a whole lot more wrong with this case and points to the validity of the title of the tread, but it says a whole lot more than just the original forensics being wrong: incompetent original defense, lying jailhouse snitches, indifferent/incompetent/negligent appeals and clemency board, etc.
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Well, the standard for post-conviction relief is still less than it is for the original conviction...it's either a "preponderance of the evidence" standard (which is essentially greater than 50% chance that it's true) or "clear and convincing" standard (that it's substantially more likely than not that it's true). Both of those are lower standards than the "reasonable doubt" one utilitzed in the original conviction.
So, either way, the defendant doesn't have to show as much for post-conviction relief as the prosecution does in the original case.
The thing is, though, I think you're minimizing the importance of the scientific evidence. I've learned quite a bit about burn pattern analysis in my current job, and from what I understand in reading the article, the expert essentially said that the burn patterns were similar to those one would find in an arson case.
Practically speaking, the jury is going to put a lot of stock in an expert, especially in a case as emotionally-charged as this one. You're correct in that (as the
New Yorker story points out) there were a ton of issues with the original defense. However, that should not minimize the effect of the scientific testimony on its own.