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Prosecutors who get wrongful convictions multiple times should be disbarred, with all degrees voided, and they should be prohibited from all government jobs, as well as from working with any law firm who has even a penny of government related revenue..ever.
Having consequences would discourage both unwarranted prosecutions and the tendency of many jurors to have too much faith in what cops and prosecutors say at trial.
Uh; that can go BOTH ways there. Let's say the jury found a person innocent for a felony and evidence that went missing before trial THEN was found again after acquittal came up PROVING that person was indeed guilty. Like maybe a DNA test for a child molester, should the jury be punished then?
Uh; that can go BOTH ways there. Let's say the jury found a person innocent for a felony and evidence that went missing before trial THEN was found again after acquittal came up PROVING that person was indeed guilty. Like maybe a DNA test for a child molester, should the jury be punished then?
No, the state failed to prove guilt and maintain the evidence. The legal system needs to always err on the side of finding people innocent to prevent wrongful convictions.
I don't know if you have ever served on a Jury but if you do you will find your fellow man is willing to hang people and ignore the law to do it.
In addition, if you must resort to a public defender, you are toast. The last jury I was on the public defender was so inept, he basically ensured a guilty verdict.
If the defendant would have been able to hire a decent attorney they would have walked.
We have the best justice system that money can buy.
No, the state failed to prove guilt and maintain the evidence. The legal system needs to always err on the side of finding people innocent to prevent wrongful convictions.
Let's say you're a jury member under your system though. Why would you ever vote to convict: even if you're 100% sure the person is guilty, it's theoretically possible the police missed some crucial evidence or whatever. You'd be an idiot to ever convict anyone. People would start using "I won't convict anyone because of this law" as an excuse to avoid sitting a jury. This would completely break down the American jury trial system. Unless you're intentionally trying to design a poison pill to kill the jury trial system this is a really bad idea because of the knock-on consequences.
Good luck finding jurors to serve with that mentality.
Jury duty is mandatory. What would happen is the bar would be set back to where it should be for convictions. Jurors will vote innocent unless the evidence is undeniable, as they are supposed to anyways. And weak cases won't be prosecuted.
Let's say you're a jury member under your system though. Why would you ever vote to convict: even if you're 100% sure the person is guilty, it's theoretically possible the police missed some crucial evidence or whatever. You'd be an idiot to ever convict anyone. People would start using "I won't convict anyone because of this law" as an excuse to avoid sitting a jury. This would completely break down the American jury trial system. Unless you're intentionally trying to design a poison pill to kill the jury trial system this is a really bad idea because of the knock-on consequences.
Prosecutors who get wrongful convictions multiple times should be disbarred, with all degrees voided, and they should be prohibited from all government jobs, as well as from working with any law firm who has even a penny of government related revenue..ever.
ALL PROCECUTERS get wrongful convictions. Prosecutors are first and foremost politicians. They build their political career on convictions. They could not care less about guilt or innocence, all they care about is their conviction record.
If you do not plea bargain with a prosecutor they will threaten to pile on charges knowing they will get at least one to stick because of the incompetency of jurors. If you have a prior record, you are toast.
The only hope in this criminal justice system is to be able to afford a lawyer who can make the prosecutor look like the incompetent government worker he is.
A jury would have to convict a juror under the law. It would not create a witch hunt as you're suggesting.
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