Brad's Tiny World

The Miscarriage of Justice

Posted on 13. Apr, 2008 by Brad in Politics | Twitter: @ |

There comes a time when we as a public must say enough is enough and demand reform in the legal system. Too often these days we see stories of this prisoner or that one getting released either because long held DNA samples prove they didn’t do it or we find other bits of evidence that prosecutors mishandled the cased and the evidence. Many times I personally think prosecutors think their job is to see to it the get someone for the crime, rather than seeing that the law is upheld.

SHARON COHEN
The Associated Press

CHICAGO – For nearly 26 years, the affidavit was sealed in an envelope and stored in a locked box, tucked away with the lawyer’s passport and will. Sometimes he stashed the box in his bedroom closet, other times under his bed.

It stayed there – year after year, decade after decade.

I understand the legal issues surrounding the disclosure of information, but the fact is we need to start changing the laws to make right and proper exceptions. When keeping your mouth shut keeps a guy in jail for 26 years, no matter what the reason, it is just plain wrong, no matter how right they were in a legal sense to do it.

Most states allow lawyers to reveal confidences to prevent a death,
serious bodily harm, or criminal fraud, but only a few have measures
that permit them to disclose information to prevent wrongful
incarceration, according to Colin Miller, an assistant professor of law
at John Marshall Law School in Chicago.

What will happen in this case? i really don’t know, but I do know we need to get beyond getting someone for crimes and making sure we get the right person. We are supposed to be a nation that respects individual’s rights not a nation that pronounces guilt and executes sentence, doing so puts us in the same league as China when it comes to justice being served.

Not only does hiding behind the shield of the law often times help incarcerate the wrong person, it continues to allow the guilt party free reign to prey on others. The peace of mind of the many should never out weigh the rights of the few.

Tags: affidavit, Age, Art, CHICAGO, China, Colin Miller, John Marshall, John Marshall Law School in Chicago, lawyer, miscarriage, Press, professor of law, SHARON COHEN;