TE
TechEcho
Home24h TopNewestBestAskShowJobs
GitHubTwitter
Home

TechEcho

A tech news platform built with Next.js, providing global tech news and discussions.

GitHubTwitter

Home

HomeNewestBestAskShowJobs

Resources

HackerNews APIOriginal HackerNewsNext.js

© 2025 TechEcho. All rights reserved.

How the courts trap people who were convicted by bad forensics

26 pointsby hotgoldminerover 10 years ago

3 comments

wmeredithover 10 years ago
&quot;the purpose of forensics is to solve crimes&quot;<p>I agree with this article, I think it&#x27;s a good one. But here&#x27;s my nit: the purpose of forensics isn&#x27;t to &quot;solve crimes&quot;, it&#x27;s to get convictions, which isn&#x27;t the same thing. That&#x27;s a huge part of the problem.
评论 #8658744 未加载
评论 #8658669 未加载
rayinerover 10 years ago
It helps to have some background before assuming that the government will keep an obviously innocent person in jail just because they missed a deadline.<p>The justice system errs heavily on the side of letting people go. For every person exonerated with DNA evidence, there are tons of people who quite likely are guilty but got off for procedural reasons. E.g. just because a warrant was invalid doesn&#x27;t mean that the murder weapon recovered from the suspect&#x27;s car doesn&#x27;t go to proving guilt.<p>At the trial stage, a procedural defect is enough to torpedo a conviction. After the trial and appeals are done, however, a conviction is assumed to be valid. Nonetheless, there are outs. Even after a conviction, 28 U.S.C. 2254 (the habeas corpus law), lets you attack a conviction. It puts up hurdles, though, such as deadlines, to force prisoners to bring their claims in a timely manner.<p>But, and the article doesn&#x27;t mention this, there&#x27;s the ultimate out: under McQuiggin v. Perkins, if you can prove &quot;actual innocence&quot; (i.e. that no reasonable juror would&#x27;ve convicted you in light of your new evidence), you can overcome the hurdles in the habeas procedure.<p>What trips up people at this stage, though, is that the overwhelming majority of habeas petitioners aren&#x27;t actually innocent. They might have new evidence which at trial could&#x27;ve created reasonable doubt, but their convictions are still supportable on the basis of the other evidence that was presented. It&#x27;s hard for people to think of it this way, but ultimately the justice system has to be based on probabilities. If someone is pronounced guilty after being indicted by a grand jury, tried, and exhausting his appeals, he&#x27;s probably guilty. You can draw the line wherever you want, but you do have to draw a line, somewhere, or else give up on the idea of putting people in prison at all.
评论 #8658947 未加载
评论 #8658821 未加载
评论 #8658782 未加载
评论 #8659005 未加载
simonhover 10 years ago
But hey, at least you&#x27;ve got a written consititution. That must avoid a lot of awkward nitpicky arguments about interpretation and individual rights versus governmental powers, right?
评论 #8658731 未加载