I was just going by the original linked article, which didn't seem to suggest that much about how important the errors in the testimony were. Knowing more about the case, the errors do seem pretty significant, especially considered with other factors.
I just think the language of "an innocent man" is pretty problematic once someone has been convicted, in the absence of a new trial or an exoneration.
We can wonder mainly if the charges ever would have been brought without the original determination of the fire investigator in this case, especially. Once that determination was made, all the other evidence seemed to fall into place. Witnesses saw his behavior differently; you had the jailhouse collaboration of what he had admitted to, etc.
This case isn't particularly a good example of the issue I'm going to mention, but I think there's a little bit of a problem with treating convictions as if they are still open cases long after the fact. Once twenty years have gone by, I think there's a tendency for almost everyone involved to kind of forget the victims of the original crime and solely have interest in believing in the innocence of the prisoner. Obviously, I'm not saying that I don't believe in appeals; simply that some skepticism about new evidence or new claims or recanted testimony might be a good thing in a lot of cases, assuming that our intention isn't just to make lasting conviction impossible.
If we didn't have the death penalty, obviously the stakes would be lower.
Last edited by UGAalum94; 09-20-2009 at 12:37 PM.
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