On 27 Jul 2002 at 18:35, Hermit wrote:
> 
> [Hermit 1] Based on discussions with senior officers and judiciary, and 
assuming the prevalence is similar to more conventional "salting" 
practice, 
perhaps in 40% to 60% of criminal cases...
> 
> [Hermit 1] Certainly not miniscule by my reading, but better than in the 
case of testimony purchased in return for plea-bargains or remissions.
>  
> [Joe Dees 2] I consider your estimate to be quite high.  Are you saying 
that roughly half the inmates convicted of violent crimes are innocent?
> 
> [Hermit 3] Not at all. Most of them are, in the opinion of the officers 
involved, really nasty pieces of work who absolutely deserve what they 
get. Quite frequently, society would agree that the officers are probably 
correct.
> 
> [Hermit 3] Unfortunately for the officers, the rules don't work that way. 
Unfortunately for some accused, the officers are usually quite 
competent 
to redress this perceived unfairness. The justice system appears to be 
heading that way too. e.g. Mere factual innocence is no reason not to 
carry out a death sentence properly reached" ["Justice" Scalia]
>
it's a necessary and sufficient reason, because if the accused is 
innocent, the sentence reached was not proper. 
>
> [Hermit 3] All I was suggesting is that not infrequently, the accused is 
quite possibly not guilty of the specific crime which gets them put away. 
Percentage wise, I'd hate to hazard a guess. This is not a subject that is 
discussed much publically by anyone involved in it.
>
Most murders never result in a conviction at all, I understand.  I believe 
that the conviction percentage is around 20%, mostly due to reasonable 
doubt or the lack of sufficient evidence to go to trial.
> 
> [Hermit 3] What is being discussed, with ever greater frequency, is the 
extraordinary number of innocent people who have been 
executed.[quote]
The ruling by a federal judge in New York (see below) that the death 
penalty is unconstitutional received wide national coverage and 
support. 
In his decision Judge Jed Rakoff noted: "In brief, the Court found that 
the 
best available evidence indicates that, on the one hand, innocent 
people 
are sentenced to death with materially greater frequency than was 
previously supposed and that, on the other hand, convincing proof of 
their 
innocence often does not emerge until long after their convictions. It is 
therefore fully foreseeable that in enforcing the death penalty, a 
meaningful 
number of innocent people will be executed who otherwise would 
eventually 
be able to prove their innocence." To draw his conclusions, Rakoff used 
information compiled by a number of national researchers and experts, 
including the Death Penalty Information Center's innocence data. In his 
decision, he noted that DPIC's innocence list is based on "reasonably 
strict and objective standards in listing and describing the data and 
summaries that appear on its website." Read the ruling 
(http://www.nysd.uscourts.gov/rulings/quinones.pdf). See also, 
Innocence 
(http://www.deathpenaltyinfo.org/innoc.html) and DPIC's Press Release 
(http://www.deathpenaltyinfo.org/PR-DPICRakoff.pdf).
> 
> [Hermit 3] Given that cases awarded the DP tend to draw a great deal 
more investigations than those who do not, and given that according to 
the 
DPIC (http://www.deathpenaltyinfo.org/innoc.html), 101 people in 24 
states 
have been released from death row with evidence of their innocence 
since 
1973, what percentage of much less scrutinized cases do you think 
were 
rigged*?
>
That is why the procedure is so slow, cumbersome and inefficient, 
requiring many appeals and years, so that all available evidence can be 
rerererechecked.  That is also why our government in general is so 
slow, cubersome and inefficient.
The funny thing is that I do not believe that anyone has been able to 
present a single case in which an actually executed person was 
subsequently found to be innocent of the crime for which (s)he was 
executed.  Do you know of any?
people who kill are not just gonna be allowed to walk the streets 
unpunished; society will not stand for it.  Would you prefer vigilante 
justice?  I have to believe that our present system is better than that 
alternative.  Do you have an even better one available that protects 
both the right of innocents not to be unjustly murdered by the state and 
the right of innocents not to be unjuectly murdered by freed killers, as 
happens much more frequently in our society?
> 
> 
> Regards
> 
> Hermit
> 
> *rigged as in, "You can't win, you can't break-even, but it's the only game 
in town!"
> 
> 
> ----
> This message was posted by Hermit to the Virus 2002 board on Church of Virus BBS.
> <http://virus.lucifer.com/bbs/index.php?board=51;action=display;threadid=25812>
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