The Scales of Justice Need Rebalancing
In support of our fundraising efforts for The Innocence Project, I have decided to dedicate at least one post per week over the next four weeks to the cause of criminal justice reform – many of which are the very reforms The Innocence Project are working to bring about. As of this writing, I am pleased to announce that in this very first day of fundraising, you readers have already donated $285 – 57% of our $500 goal! Thanks to everyone who has donated so far or plans to donate. Remember: your donations are 100% tax deductible.
The post below is one I originally posted back in November of 2007 and my first post of any substance here at The Liberty Papers. I’m also very honored to say that this post was chosen by my peers (who I have such a great deal of respect for as thinkers, writers, and individuals) as #5 on the list of the “Top 10 Liberty Papers Posts of the last 5 Years” marking The Liberty Papers 5 year blogiversary. At the time I wrote this post, I had never even heard of The Innocence Project nor its aims to make one of the very reforms suggested in this post: compensation for the wrongfully convicted. The Duke Lacrosse case was also one of the hot issues when I wrote the post (and therefore may seem somewhat dated).
As ‘unbalanced’ as I thought the scales of justice were back then, I now know its much worse than I realized even back then. The Innocence Project is working hard to correct this imbalance but they cannot do it alone. Be part of the solution and help us reach our goal and if you feel so motivated, you can even set up your own page to help The Innocence Project reach their $20,000 goal by April 7, 2011.
Disclaimer: The views expressed here at The Liberty Papers either by the post authors or views found in the comments section do not necessarily reflect the views of The Innocence Project nor its affiliates.
The Scales of Justice Need Rebalancing
In civics class, we are taught a few lessons about the American criminal justice system: the accused is innocent until proven guilty in a court of law, has the right to a court-appointed attorney if the accused wishes not to pay for his or her own, has a right to a trial by a jury of his or her peers, and jurors can only convict the accused if there is a lack of reasonable doubt in their minds. We are told that the accused is guaranteed a fair and speedy trial. We are told the burden of proof falls on the state; the accused only has to provide reasonable doubt (meaning the accused ‘probably’ did not commit the crime). We are to believe that an individual who is innocent would rarely (if ever) be wrongfully convicted because our criminal justice system is about finding the truth and rendering justice.What the civics classes usually fail to mention is that regardless of the fact that jurors are supposed to consider the accused innocent until proven guilty, it is human nature to assume the worst of someone who is accused of committing a heinous crime. Jurors come with their own biases and world views and may find it difficult to suppress their inclinations and deal with the facts of the case. The civics lesson also usually fails to point out that if the accused chooses to go with a court-appointed lawyer, he or she will not be as likely to have an as aggressive and competent advocate as the state will. If the accused makes the wise decision to pay for his or her own defense, he or she can expect to spend his or her entire life’s savings (and perhaps the life’s savings of other friends and family members) just to have competent representation. Even if the accused has the means to pay for such a competent lawyer, there are no guarantees that he or she will be found not guilty regardless of the evidence or whether or not the accused committed the crime. And if the jury finds the defendant not guilty, then what? Sure, he or she is technically cleared of the crime but he or she still has to pay all the legal fees for his or her lawyer, and the fact that he or she was ever charged will remain on his or her criminal record. As time goes on, they can move to have their criminal record sealed or expunged by a Florida Expungement Lawyer or a lawyer in their location, if they are convicted, so it can be taken off their record but it can still take a toll on their mental health being convicted/not convicted in the first place as it is a serious matter. » Read more