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  #1  
Old 02-25-2007, 03:23 PM
JonoBN41 JonoBN41 is offline
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If you are truly interested, you might search the Internet.

Here's a brief synopsis from http://www.deathpenaltyinfo.org/arti...scid=6&did=141

"Prosecutorial or police misconduct played a part in 63% of the convictions that DNA testing by the Innocence Project later overturned. Since 1963, at least 381 murder convictions in the United States have been reversed because of misconduct by police or prosecutors."
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  #2  
Old 02-25-2007, 04:42 PM
GeekyPenguin GeekyPenguin is offline
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Here is one of the worst cases of prosecutorial misconduct ever, straight from my Wrongful Convictions class...

http://www.pbs.org/wgbh/pages/frontl...ws/case/cases/

Read the one on Roy Criner and read some of the statements from the DA in that case.

Here's another doozy...

http://www.pbs.org/wgbh/pages/frontl.../robinson.html
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  #3  
Old 02-25-2007, 06:37 PM
UGAalum94 UGAalum94 is offline
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You'd like to think that DNA not matching would at the very least kick it back for another trial if not immediately lead to a pardon, but in several of those cases the DNA wasn't even tested until after the guys were in jail. So some of them lack the kind of knowledge of innocence that I questioned the first time.

Others do show show intentional misconduct which I still find baffling. It so clearly wrong and its hard to see what they gain.

GeekyPenguin, I know that you have to do your job and you don't want to commit career suicide, but if you know of misconduct, you should probably report it whoever represents the appropriate authority.
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  #4  
Old 02-25-2007, 06:38 PM
GeekyPenguin GeekyPenguin is offline
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Quote:
Originally Posted by Alphagamuga View Post
You'd like to think that DNA not matching would at the very least kick it back for another trial if not immediately lead to a pardon, but in several of those cases the DNA wasn't even tested until after the guys were in jail. So some of them lack the kind of knowledge of innocence that I questioned the first time.

Others do show show intentional misconduct which I still find baffling. It so clearly wrong and its hard to see what they gain.

GeekyPenguin, I know that you have to do your job and you don't want to commit career suicide, but if you know of misconduct, you should probably report it whoever represents the appropriate authority.
LOL, usually it IS the appropriate authority.
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  #5  
Old 02-25-2007, 06:40 PM
UGAalum94 UGAalum94 is offline
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Quote:
Originally Posted by GeekyPenguin View Post
LOL, usually it IS the appropriate authority.
Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?

ETA: I'm not sure why I couldn't think of attorney general.

Last edited by UGAalum94; 02-25-2007 at 06:58 PM.
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  #6  
Old 02-25-2007, 06:43 PM
GeekyPenguin GeekyPenguin is offline
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Quote:
Originally Posted by Alphagamuga View Post
Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?
Honestly, this really isn't worth getting into with you. I like that civilians think the justice system is fair.
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  #7  
Old 02-25-2007, 06:48 PM
UGAalum94 UGAalum94 is offline
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Well, if everybody on the inside is just working it out for us. . .

Seriously, if you know of misconduct are you free just not to report it?
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  #8  
Old 02-25-2007, 06:49 PM
James James is offline
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Geekypenguin . . what is the State Bar's actual authority over prosecutors?

Quote:
Originally Posted by GeekyPenguin View Post
Honestly, this really isn't worth getting into with you. I like that civilians think the justice system is fair.
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  #9  
Old 02-26-2007, 01:56 AM
KSig RC KSig RC is offline
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Quote:
Originally Posted by Alphagamuga View Post
Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?

ETA: I'm not sure why I couldn't think of attorney general.
Which of these "higher higher authorities" don't have the continued appearance of shit like "97% conviction rate in our ________!" as their best interests?

I'm not sure you really understand the full reason behind why prosecutorial misconduct occurs - you've got a very "sunshine and roses" thought process, which leads me to believe you've never really spent much time dealing with anything related to criminal prosecution . . . oh, and here's a related note: once these guys are freed, it's cash-in time for various plaintiffs' attorneys nationwide (many of whom specialize in this kind of work).

No one's hands are clean here - and those vacated sentences? Not always because of unilateral innocence.
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