Sunday, April 15, 2018

Actual Innocence Isn't Enough to Get Convicted Person Out of Jail

Fortunately, That's the Dissent

Want to know what's wrong with our criminal justice system?  This post from the Volkh Conspiracy is example enough.

  • "Low-IQ drifter confesses to killing two gay men three days apart in 1980. He's convicted of first murder, acquitted of the second. Decades later, DNA exculpates him of the second murder, but DNA from the first no longer exists. Fifth Circuit: New trial. Evidence of innocence, like a third party's fingerprints at the scene (which was withheld from the defense) and a detective's propensity for beating suspects, is ample. Dissent: A finding that a convict is actually innocent isn't enough to grant him relief; he still has to prove that his rights were violated and that deference to the state court is out of line." (ermphasis added)
In our system of justice innocence does matter. And oh yes, the suspect had an IQ of 59 and confessed to another murder that he did not do.

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