I am a disinterested bystander,
with no direct connection to the events in Sanford, Florida, so I paid only
casual attention while this media circus unfolded. I scanned the news from ABCNNBCBS and FOX, I
followed a blog called Legal
Insurrection and pretty much maintained a low emotional tie to the verdict,
believing our judicial system would reach whatever verdict was most
appropriate, based on the law.
Obviously I am not typical of
most people. Perhaps, as pointed out by
a liberal acquaintance, I am a “duped individual with no sense of
reality.” If, contrary to what I see in
postings on Facebook and in the media, I believe it is wrong to assume a person
is guilty until the state proves beyond a reasonable doubt their guilt then I
guess I am duped with no sense of reality.
Maybe the justice system is broken, we often set free people the media has condemned in the court of public opinion, where evidence is replaced by whatever is broadcast and judgement is based on emotion, and send to jail those the media pays little attention to. For example, who among us remembers the outrage over the not guilty verdict in the State of California v. O. J. Simpson, or the not guilty verdict in the State of Florida v. Casey Anthony? So how does this play against the wrongful conviction rates where the state law enforcement and prosecutors zealously pursue and convict innocent men and women? The
Nation had an interesting article a year ago about a new database to track
the number of convictions overturned as new DNA evidence becomes available. By the way, there had been over 800 convictions overturned since 1989, when DNA verification was first allowed. Wrongful
Conviction Blog places the estimate of bad verdicts at 5,000 to 10,000 a
year. This is a very small percentage of
the total convictions in that same timeframe so it would suggest two
things. First our current system is
pretty accurate when everyone plays by the rules, and second there are probably
still a significant number of people behind bars that should not be.
I, like our founders, believe it
is better a guilty individual be set free than an innocent be placed behind
bars. I am open to someone showing me a
new judicial system that comes with better accuracy on always getting it right,
since our current system is so old and subject to all the human abuse we can
heap on it, but until then I will take our trial by peer system over its precursors like trial
by submersion, or trial by combat, trial by fire, or trial by dictator/king.
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