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Subject: Re: We're royally fucked


Author:
Astrid
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Date Posted: 21:41:21 06/29/02 Sat
In reply to: Anne 's message, "Re: We're royally fucked" on 14:46:29 06/29/02 Sat

>The best example I can think of is this:
>
>Your daughter is raped. DNA proves the rapist and
>there is an eyewitness. The rapist is guilty *beyond
>a shadow of a doubt*. But because police mishandled a
>piece of evidence, he gets off. I don't go for that.
>And I don't think that's what the Bill of Rights had
>in mind either.

Well, DNA evidence is a new animal, so I suppose introducing it into the judicial system has been a bit of a bumpy ride (OJ is a good example). But police have to follow set procedures when handling evidence in order to protect the innocent. And the only situation I can think of that goes as you describe is if a case is stayed because of prosecutorial misconduct or something (maybe others on this board will know what circumstances could lead to someone with a positive DNA ID being set free). And again, that's in place to ensure a fair trial.

I share your frustrations, but I believe the legal system needs to err on the side of letting the guilty go free rather than putting the innocent in jail.

Astrid

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Replies:
Subject Author Date
Re: We're royally fuckedAlan07:39:49 06/30/02 Sun
    Re: We're royally fuckedMichelle12:42:14 06/30/02 Sun


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