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To: DB
And where is the incentive for the prosecutors not to wrongfully convict in all this?

That's the only issue I have with this.

We want the guilty to be punished to the extent of the law. Punishing an innocent person accomplishes exactly nothing and is pretty much modern slavery.

In your hypothetical example, the prosecutors, judge & jury would be culpable.

60 posted on 09/06/2009 11:43:29 PM PDT by altair (I want him to fail)
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To: altair
It should be on a case by case basis.

If when reviewing how the false conviction happened it can be shown the prosecutor hid evidence that pointed towards innocence or manufactured evidence to get the conviction through bogus witnesses deals, etc the prosecutor should be put on trial for no less than the false convictions they doled out to others.

If a juror broke the law and it resulted in a false conviction they should be charged.

If everything was done properly and when reviewing the evidence you would come to the same conclusion excluding the new evidence and the new evidence wasn’t a failure on the prosecutor's part in finding then there is no one to blame other than the criminal that did the original crime. And I'm not suggesting the falsely imprisoned aren't due restitution even under these circumstances.

62 posted on 09/07/2009 12:14:17 AM PDT by DB
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To: altair

I’ll add that if the new evidence proves a witness lied on the stand they should be doing jail time. And for no less than what they tried to do to someone else.


63 posted on 09/07/2009 12:16:13 AM PDT by DB
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