| Aug 28 @ 1:18 AM |
Flaws of the justice system?
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burnslikethesun
Posts: 13,027
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To claim the the innocent are not wrongly accused is just ignorant.
It has been proven the DNA test can be manipulated. Will this create a flood of disputed cases? Tying up an already overly stress court process?
Polygraphs are non-admissible in court of law, yet a heavy used tool in investigations.
Sort of the confessors touch, or truth serum, is there anything that can be used as proof of a 100% guilt?
TV is proven to sway and change public opinion.
Does shows like Nancy Grace, do an injustice to the system?
I want the guilty punished, but I want them to be the guilty.
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| Aug 28 @ 1:35 AM |
Flaws of the justice system? |
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MotownManiax
Posts: 9,737
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Even catching someone red-handed on film with ten witnesses can be blown up in court with a slick lawyer. Is there no hope?
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| Aug 28 @ 9:58 AM |
Flaws of the justice system?
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Gallows_Humor
Posts: 13,662
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common sense and good police work.... 
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| Aug 29 @ 2:07 AM |
Flaws of the justice system? |
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Angel54214
Posts: 18,200
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Here's one case where a man on death row was released...
Donald Manuel Paradis walked out of a courtroom in Coeur D'Alene, Idaho, on Tuesday, a free man for the first time in 21 years. Fourteen of those years were spent on death row. Idaho officials tried as hard as they could to execute him but they failed, which was a good thing. Because once again it turns out that the condemned man had not killed anyone.
"You are no longer in custody," said Judge Gary Haman of the Kootenai County Court — the very same judge who sentenced Mr. Paradis to death in 1981 for the murder of 19-year-old Kimberly Anne Palmer of Spokane, Wash.
Mr. Paradis, 52, was accompanied by his lawyers as he left the courthouse. He did not seem bitter, despite the suffering he had endured in prison. He is about 5-foot-9 and his weight has ballooned from about 185 pounds to more than 300 pounds. He has diabetes and high blood pressure. Still, he was able to joke at one point about the way prisoners were released in the old days. "All I want is my twenty-dollar gold piece, my horse and my saddle," he said.
Don Paradis was no angel. He was a leader of the Gypsy Jokers motorcycle gang back in 1980 and he allowed any number of nefarious types to have the run of his home in Spokane. On June 21, 1980, two people were killed in his house. Ms. Palmer was strangled, and her boyfriend, Scott Currier, was beaten to death.
Mr. Paradis was not at home when the murders occurred. He was tried in Washington and acquitted of killing Mr. Currier. The killers of both victims have since been established (one of the killers is now deceased), and both killers, along with other witnesses, made it clear that Mr. Paradis had nothing to do with either homicide.
But he did commit a serious crime. When he came home and found the bodies in his house, he feared he would be accused of the murders. So he helped transport the bodies to a different location. He and two other men wrapped the bodies in sleeping bags, put them in a car and drove them across the state line to Post Falls, Idaho, and dumped them.
After his acquittal in Washington, the criminal justice system turned really weird. William Brady, a pathologist who performed an autopsy on Ms. Palmer, fostered the impression that Ms. Palmer had been killed in Idaho. This improbable theory became the basis for Idaho authorities to prosecute Mr. Paradis. The judge who originally ordered Mr. Paradis to stand trial would later say of Dr. Brady: "I'm really distressed with what I've heard about this fellow. It's strongly suggestive of perjury."
Dr. Brady was truly a piece of work. The lawyers handling Mr. Paradis's appeals noted that soon after the trial, he was fired as the medical examiner in nearby Oregon. An investigation showed that he had performed private autopsies using state facilities, had sold human tissue for profit and had saved human blood, collected during autopsies, for use in his garden.
And then there was Mr. Paradis's court-appointed trial lawyer, William Brown. He had never studied criminal law, never tried a felony case, and never tried a case before a jury. Incredibly — astonishingly — he was working as a police officer for the Coeur D'Alene Police Department at the same time that he was representing Mr. Paradis in a capital murder case in Coeur D'Alene.
We're talking criminal justice lunacy here.
Mr. Brown's defense of Mr. Paradis at trial lasted a mere three hours. Among the prosecution witnesses were some of Mr. Brown's fellow police officers. It was hardly surprising that Donald Paradis was convicted and sentenced to death.
Even after competent lawyers took over the case on appeal and the evidence that Mr. Paradis was innocent of murder began to pile up, Idaho officials continued to fight furiously to have him executed. Once the machinery of death in capital cases is set in motion, it is very, very difficult to bring it to a halt.
In the end, a pair of extraordinarily dedicated lawyers, Edwin Matthews Jr. of New York and William L. Mauk of Boise, managed to make it clear that the prosecution had withheld potentially exculpatory evidence, and Mr. Paradis's conviction was overturned. If not for them, Donald Paradis would be dead, and all evidence of the injustice that killed him would have been buried with him.
2001 The New York Times
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| Aug 29 @ 10:43 AM |
Flaws of the justice system?
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eastham
Posts: 7,913
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Does shows like Nancy Grace, do an injustice to the system?
I want the guilty punished, but I want them to be the guilty.
I think they do. They certainly can poison the well when it comes to picking a jury. In some countries, the identity of the accused is not released for that purpose.
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| Aug 29 @ 10:50 AM |
Flaws of the justice system? |
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MrPaul
Posts: 1,636
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common sense and good police work But the problem is some police have no common sense and dont look at the whole picture before they act  Then we have the innocent having to fight the system because someone was to lazy to do their job right the first time   
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| Aug 29 @ 11:10 AM |
Flaws of the justice system?
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eastham
Posts: 7,913
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I don't know, if I would characterize it as laziness. Good detective work is like athletics, if you practice, you improve. In areas where there is little crime, the police have no practice. Case in point, Christa Worthington, a fashion writer from NYC who had moved to her family's cottage on Cape Cod, was murdered in Truro in 2002. It was only the second murder in Truro in nearly 30 years.
While they did eventually catch the killer -- her garbage man -- they didn't catch him overnight and only after resorting to DNA testing nearly every man on the Outer Cape. Two men, her former paramour and father of her child and a neighbor, nearly had their lives ruined, because of local Nancy Grace-like speculation.
Had the police in Truro had more serious crime to investigate, they would have been better prepared to mount a comprehensive investigation. In addition, few states have requirements for CEUs for police officers, although they may require continuing education for forensic personnel. Our law enforcement for good or bad is still extremely fragmented.
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| Aug 30 @ 7:59 AM |
Flaws of the justice system? |
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SensualGemini
Posts: 6,924
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Angel: and had saved human blood, collected during autopsies, for use in his garden.
 ...is that like "waste not, want not?"
...Nevertheless, he/she with the "gold" almost always wins; guilty or not. How many of our Congress members get special favors, how many police officers walk, etc., for what everyone else would go to jail for?
...And if that is not enough, what one would walk for in the city from over crowded jails and limited resources, one in the rural area will go to jail.
...There is no equality and never will be. So when in Rome...
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Burns: It has been proven the DNA test can be manipulated. Will this create a flood of disputed cases? Tying up an already overly stress court process?
... I saw that; was it in Israel?
...In the past, I have said that if everyone plead innocent to just traffic violations and demanded a trial by jury, our whole judicial system would collapse under the back log of trials pending.
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Burns: Polygraphs are non-admissible in court of law, yet a heavy used tool in investigations.
...They are not admissible by the prosecutor under any circumstances, but if you pass it, a good defense lawyer will make certain the jury knows that you did. Of course there will be an objection, but "the cat is already out of the bag" by then.
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| Aug 30 @ 11:24 AM |
Flaws of the justice system?
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Gallows_Humor
Posts: 13,662
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...In the past, I have said that if everyone plead innocent to just traffic violations and demanded a trial by jury, our whole judicial system would collapse under the back log of trials pending.
wrong....  what a tool..
Requirements
Experience Required for Appointment and Service
The presiding judge may not appoint an attorney to serve as a temporary judge unless the attorney has been admitted to practice as a member of the State Bar of California for at least 10 years before the appointment. However, for good cause, the presiding judge may permit an attorney who has been admitted to practice for at least 5 years to serve as a temporary judge.
Conditions for Appointment by the Court
The presiding judge may appoint an attorney to serve as a temporary judge only if the attorney:
•is a member in good standing of the State Bar and has no disciplinary action pending;
•has not pled guilty or no contest to a felony, or has not be convicted of a felony that has not been reversed;
•has satisfied the education and training requirements;
•has satisfied all other general conditions that the court may establish for appointment of an attorney as a temporary judge in that court; and
•has satisfied any additional conditions that the court may require for an attorney to be appointed as a temporary judge for a particular assignment or type of case in that court.
Education and Training Requirements
The presiding judge may appoint an attorney to serve as a temporary judge only if the following minimum training requirements are satisfied:
1.Mandatory training on bench conduct and demeanor
Before appointment, the attorney must have attended and successfully completed, within the previous three years, a course of at least 3 hours duration on the subjects identified in rule 2.813(a) - external link approved by the court in which the attorney will serve. This course must be taken in person and be taught by a qualified judicial officer or other person approved by the Administrative Office of the Courts.
2.Mandatory training in ethics
Before appointment, the attorney must have attended and successfully completed, within the previous three years, a course of at least 3 hours duration on the subjects identified in rule 2.813(b) - external link approved by the court in which the attorney will serve. This course may be taken by any means approved by the court, including in-person, by broadcast with participation, or online.
3.Substantive training
Before appointment, the attorney must have attended and successfully completed, within the previous three years, a course on the substantive law in each subject area in which the attorney will serve as a temporary judge. These courses may be taken by any means approved by the court, including in person, by broadcast with participation, or online. The substantive courses have the following minimum requirements:
a.Small Claims
An attorney serving as a temporary judge in small claims cases must have attended and successfully completed, within the previous three years, a course of at least 3 hours duration on the subjects identified in rule 2.813(c) - external link approved by the court in which the attorney will serve.
b.Traffic
An attorney serving as a temporary judge in traffic cases must have attended and completed, within the previous three years, a course of at least 3 hours duration on the subjects identified in rule 2.813(d) - external link approved by the court in which the attorney will serve.
you think that the jury pool is going to think highly of your wanting a jury trial ? having to take off from work.. losing a days pay just so you can play your stupid games?
and the loser always pays court costs....
cost that would be "piled on" to you for renting hotel rooms and hiring temps and all the crap that your stupidity would cause..
and then there will be the punishment factor which is at the discretion of the "commissioner"... how about loss of driving privileges for 30 days because of your being stupid??
you bass ackwards idiots should look at California as the answer to this stupidity is already in place..
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