Our Broken System of Justice


One of America's strangest legal cases is gearing up for a next and presumably final stage.

The family website.

The DA's book deal...

This one appears to be a poster child for the claim I make that the job of District Attorney and the entire so-called "adversarial system of justice" in America need to be scrapped in favor of something like what the French call an "inquisitorial" system in which the common motive of all parties involved is the determination of facts.

And then you get people wanting to talk about the death penalty as if it were the answer to all crime problems...

As a general rule I cannot support a death penalty in America at this point in time; too many ways it resembles giving the Ronnie Earles, Janet Renos, Scott Harshbargers, Martha Coakleys, and Mike Nifongs of the world a license to kill people.

In theory at least I've got nothing against hanging somebody like Manson, Dennis Rader, Paul Bernardo, John Mohammed...

Here's the problem: I'd want several changes to the system before I could feel good about capital punishment anymore.

1. Guilt should be beyond any doubt whatsoever; the usual criteria of guilt "beyond a reasonable doubt" doesn't cut it for hanging somebody.

2. The person in question must represent a continuing threat to society should he ever escape or otherwise get loose. The "bird man" of Alcatraz would not qualify, John Mohammed clearly would.

3. I'd want all career/money incentives for convicting people of crimes gone which would mean scrapping the present "adversarial" system of justice in favor of something like the French "inquisitorial" system in which the common objective of all parties involved was a determination of facts.

4. I'd want there to be no societal benefit to keeping the person alive. Cases in which this criteria would prevent hanging somebody would include "Son of Sam" who we probably should want to study more than hang, or Timothy McVeigh who clearly knew more than the public ever was allowed to hear.

Given all of that I could feel very good about hanging Charles Manson, John Muhammed, or Paul Bernardo, but that's about what it would take.

In fact in a totally rational world the job of District Attorney as it is known in America would not exist. NOBODY should ever have any sort of a career or money incentive for sending people to prison, much less for executing people. The job of District Attorney in America seems to involve almost limitless power and very little resembling accountability and granted there is no shortage of good people who hold the job, the combination has to attract the wrong kinds of people as well.

They expected DNA testing to eliminate the prime suspect in felony cases in something like one or two percent of cases and many people were in states of shock when that number came back more like 33 or 35%. That translates into some fabulous number of people sitting around in prisons for stuff they don't know anything at all about since the prime suspect in a felony case usually goes to prison.

But the kicker is the adversarial system of justice. THAT we'd need to get rid of, with or without any consideration of death penalties. The price we're paying for it is too high. 



















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