Abdication

What bothers me about the “new rule” (and I may have more on this later) is this:  if there is clear and convincing evidence that a convicted person is innocent, what is the court’s responsibility?  Does it have any?

The assumption appears to be that if there is clear and convincing evidence that a convicted person is innocent the court to which such evidence is presented will do justice as a matter of course.  But this isn’t true.

And that’s not something that can be fixed by a “new rule” for prosecutors.

(h/t Greenfield, Gamso)

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Filed under Judicial lying/cheating, Striking lawyers, wrongful convictions

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