On 4/30/2012 10:34 AM, Fred J. McCall wrote:
> Paul F Austin<
pfau...@bellsouth.net> wrote:
>
>> Fred, you're being willfully obtuse. As you know, trials don't find
>> defendants "guilty" or "innocent", they find them "guilty" or "not
>> guilty" based on law and evidence presented at trial.
>>
>
> Nice blather, but calling the other guy 'obtuse' is not normally
> accepted as an argument that proves anything.
>
> Bottom line, the fellow was either guilty or he was not. To prove the
> conjecture that someone who was innocent was executed, you need to
> PROVE THEY WERE INNOCENT. You can't just fixate on this or that error
> at trial and insist it shows the execution of an innocent man.
Bottom line is a good notion for finance. Not for justice. As I said, I
am in principle in favor of capital punishment. Some crimes are so
heinous that nothing else will answer. _If_ we convict the right man.
I'd be perfectly willing to pull the lever on the trap for a Jeffrey
Dahmer or Ted Bundy. In fact, I think the foreman of a capital jury
should be _required_ to pull the lever. Guilty or not? Maybe. Condemned?
Too little reliable information, too much history of willful malfeasance.
>
>>
>> I gave a cite upthread regarding the case of Claude Jones, whose
>> conviction for murder depended on the identification of a single hair
>> found at the crime scene as belonging to Jones. Without that
>> identification, no evidence placed him at the scene. DNA analysis after
>> his execution proved that the identification was in error. This doesn't
>> mean that Jones was "innocent" but rather that the jury's finding of
>> fact depended on erroneous testimony on the part of the State's hair
>> analyst. There have been others and thirty seconds with Google can turn
>> them up for you. Only a little more time will turn up _many_ men plucked
>>from death row, years after conviction, after the findings of fact that
>> convicted them were found to be bogus.
>>
>
> Opponents of the death penalty like to act as if this conviction
> rested entirely (or largely) upon this hair. It didn't. To arrive at
> the conclusion that Jones wasn't the killer, one has to ignore the
> witnesses who placed him in the liquor store, the witness who saw him
> walk out of the liquor store right after the shots were fired, the
> testimony of one of his accomplices, and his apology just before he
> was executed to the family of the man he killed.
>
> And just who was this 'innocent' man? He had eleven prior convictions
> in Texas for crimes including murder, armed robbery, assault, and
> burglary. He was also convicted of murder, robbery, and assault in
> Kansas. While incarcerated there he killed one of his fellow inmates.
> This all occurred BEFORE the crime spree that landed him on death row.
> That little jaunt included the robbery of the liquor store and murder
> of the owner and a bank robbery.
Claude Jones, bad man. There's no doubt. Prosecutors don't ordinarily
put choir directors on trial. Suspects come from the "usual suspect"
pool of local bad hats. The police know them better than they would
like. When a crime of property like a liquor store robbery occurs,
police immediately scrutinize the pool of known robbers. Prior
convictions for murder should in my mind have socked Jones away forever
and ever.
Here's the deal: there are too many instances of prosecutors paying for
testimony (dismissed charges, early release), suppressing evidence and
experts shading their testimony for me to take the final step of voting
to condemn someone. Prosecutors often do everything in their power to
avoid review of evidence after an execution.
There are too many people who have gone through the whole pipeline of
police, prosecutors and trial whose innocence was demonstrate by
unforeseen technological developments for me to be sanguine about the
pipeline getting it right when evidence isn't available to make those
tests. Finding so many rotten apples in the barrel convinces me that the
barrel-filling process sucks.
>
>
>>
>> Kill 'em all, God will know his own is no justice at all.
>>
>
> Let 'em all run free because we might make a mistake is certainly
> worse justice. Letting Claude Jones, who had a long criminal history,
> run free cost an innocent man his life.
>
> How come you're answering for Kerryn Offord, Paul? HE posted the
> link, not you.
>
Because, as you've probably figured out, criminal justice is a bee in my
bonnet. We all have them. In an ideal world, I would have the public
defenders office with precisely the same budget and staff as the
prosecutor. I would make prosecutors liable for professional misconduct.
The reason I take the position I do on capital punishment is
professional. As I said up-thread, I would never ship a piece of space
hardware with the uncertainties hanging over it that a death sentence
does. In an earlier life, ObSMN, I wouldn't have signed off on
maintenance on a sea water system on my boat with that kind of cavalier
attitude. _You_ would not certify (or ride in) an aircraft with the
"what the hell, win a few, lose a few" attitude we accept as justice.
Paul