Skip to main content

The Presence of Malice

We think of justice as the critical essence of our judicial system - and so it should be! That said, in the US, in particular, has seen many people on death row released when evidence has come to light that they were, in fact, innocent. More troubling is the revelation that, for instance, in many cases critical evidence has been withheld from the defence at a trial. In some cases prosecutors have had their own agenda for seeking a conviction, even if knowing the accused being innocent.

This whole topic, with troubling aspects to it, is the subject of an op-ed piece, by Professor Richard Moran, "The Presence of Malice" in the NY Times:

"Last week, Judge Nancy Gertner of the Federal District Court in Boston awarded more than $100 million to four men whom the F.B.I. framed for the 1965 murder of Edward Deegan, a local gangster. It was compensation for the 30 years the men spent behind bars while agents withheld evidence that would have cleared them and put the real killer — a valuable F.B.I. informant, by the name of Vincent Flemmi — in prison.

Most coverage of the story described it as a bizarre exception in the history of law enforcement. Unfortunately, this kind of behavior by those whose sworn duty it is to uphold the law is all too common. In state courts, where most death sentences are handed down, it occurs regularly.

My recently completed study of the 124 exonerations of death row inmates in America from 1973 to 2007 indicated that 80, or about two-thirds, of their so-called wrongful convictions resulted not from good-faith mistakes or errors but from intentional, willful, malicious prosecutions by criminal justice personnel. (There were four cases in which a determination could not be made one way or another.)

Yet too often this behavior is not singled out and identified for what it is. When a prosecutor puts a witness on the stand whom he knows to be lying, or fails to turn over evidence favorable to the defense, or when a police officer manufactures or destroys evidence to further the likelihood of a conviction, then it is deceptive to term these conscious violations of the law — all of which I found in my research — as merely mistakes or errors."

Comments

Popular posts from this blog

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t...

Palestinian children in irons. UK to investigate

Not for the first time does MPS wonder what sort of country it is when Israel so flagrently allows what can only be described as barbaric and inhuman behaviour to be undertaken by, amongst others, its IDF. No one has seemingly challenged Israel's actions. However, perhaps it's gone a bridge too far - as The Independent reports. The Foreign Office revealed last night that it would be challenging the Israelis over their treatment of Palestinian children after a report by a delegation of senior British lawyers revealed unconscionable practices, such as hooding and the use of leg irons. In the first investigation of its kind, a team of nine senior legal figures examined how Palestinians as young as 12 were treated when arrested. Their shocking report Children in Military Custody details claims that youngsters are dragged from their beds in the middle of the night, have their wrists bound behind their backs, and are blindfolded and made to kneel or lie face down in military vehi...

Wow!.....some "visitor" to Ferryland in Newfoundland