Monday, March 2, 2009

I try not to talk about this stuff here, however

This story really got my goat today.

1:06 - A new constitutional right would unfairly burden the state.

2:48 - Deputy Solicitor General Neal Katyal: The US Government thinks there is no constitutional right to make a post conviction claim of actual innocence.

===========

Considering the amount of Black men that have been falsely imprisoned in the Deep South and found innocent decades later, I beg to differ with the above.

There are many reasons why a person might plead guilty to something they didn't do. Fear, ignorance of the law, bad legal advice, threats to their family, or in this specific case as a condition of parole.

If the person is going to pay for the testing out of their own pocket, how does this unfairly burden the state? The only thing I can extrapolate from the two quotes above is that the state doesn't want to be burdened with finding the truth of the matter. You know, justice. They're more concerned with locking someone up and closing a case than making sure they have the right person.

They should have nothing to fear if they'd done their due diligence.

No comments: