The New York State Bar Association just released a study of 53 wrongful convictions in New York City, and the results are beyond upsetting. The study demonstrated a comedy of errors by prosecutors, judges, law enforcement, and the reliance on false testimony by witnesses. There was even evidence of human error in DNA analysis. Of the 53 cases, 36 involved misidentification by witnesses, and 31 involved errors by prosecutors, judges or law enforcement. (Source: NYT)
To make matters worse, the NYPD and other law enforcement agencies are not even required to tape record interrogations. Factor in overworked DA's who are under tremendous pressure to get convictions, and this is a recipe for disaster. What is even more shocking is that New York State does not even have an oversight commission to review procedures and standards? Many states have innocence commissions to review potentially wrongful convictions, as well as, making sure that appropriate procedures are adhered to. These commissions can also draft legislation to remedy inadequate policies and procedures.
What is clear is that the New York State Bar Association needs to act swiftly. Judges and prosecutors need to be held to the highest standards, as well as, law enforcement.
Saturday, January 31, 2009
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Hey Larry,
ReplyDeleteNice blog, dude.
Also, in reference to your entry about NY state law, well...my god, this is just reason number 1000 as to why I didn't and can't go to law school. When I was at school, I took Psychology of Law and another Political Science class for pre-law students. I really just ended up feeling that there was very little justice in the US courts, that justice was purchased, and that DAs burn out quickly. I wish I had some articles that I could give you, but oh well.
However, to end on a positive note, if you ever get a chance, read the Buffalo Creek Disaster. It's a short, quick read about one lawyer's quest to defend a town against the evil's a coal company. Here's a link:
http://www.amazon.com/Buffalo-Creek-Disaster-coal-mining-company/dp/0307388492/ref=sr_1_2?ie=UTF8&s=books&qid=1234070390&sr=8-2
Take it easy,
Susie
It sucks for the 53, big time. But context should be provided. How many total cases were handled by the court system?
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