Category Archives: Editorials/Opinion

A Case for Mercy and Discretion in Criminal Justice

“I have always found that mercy bears richer fruits than strict justice.”

– Abraham Lincoln

So-called tough-on-crime policies in the United States over several decades have resulted in unanticipated changes in the criminal justice system that most Americans probably do not fully realize. Mandatory sentencing, policies such as “three strikes,” and increasing use of plea bargaining as opposed to jury trials have prompted an explosion in the prison population and unprecedented prosecutorial authority. With all due respect to those prosecutors who serve us well, we now know that increased power and immunity from abuses have enabled prosecutorial misconduct, a significant contributor to wrongful convictions.

While the Innocence Project and other organizations work to correct miscarriages and prevent others, and new models such as conviction integrity units seek to address the failure of the appeal process to correct conviction errors, a recent case demonstrated the appropriate use of an intact but rarely used remedy: mercy and discretion by public officials.

These capacities once broadly utilized by judges in sentencing may be the most efficient way to cure injustices whether wrongful convictions or unfair sentencing. In a recent illustration, no one questioned the guilt of Francois Holloway. The New York Times reported (here) and (here) that he was charged in 1995 with three counts of carjacking and using a weapon during a violent crime (he did not carry a gun but his accomplice did).

When the government prosecutor offered Holloway a plea deal with a prison term of 11 years, he declined. Holloway’s lawyer assured him that he would win at trial.

His attorney was wrong. Continue reading

Sex Offender Registries (SOR’s): TIME-FOR-A-CHANGE

registry swamp

Editor’s Note:  Although this article is clearly editorial in nature, it contains a substantial amount of fact and data that have direct bearing on the subject.  It’s also a long article, and I hope you’ll have the patience to read it through to the end.

The article is in five sections:

The History of Sex Offender Registries in the US

Sex Offender Registries are Manifestly Unjust

Sex Offender Registries Don’t Work

Sex Offender Registries Cost a Lot of Money

Conclusion

Continue reading

Militarized Police

The militarization of police scares the hell out of me.

How about you?

This from the NY Times: Get the Military Off of Main Street.

A Blog on Junk Science Forensics – At Last!

cropped-bowers_capitol-small1

Here at the WCB, we’ve posted many, many articles dealing with the highly questionable scientific validity of most all forensic disciplines.  I’m very happy to report that there is now a blog dedicated to that issue.

Dr. Michael Bowers is a practicing dentist and forensic odontologist in Ventura, CA, and a long time forensic consultant in the US and international court systems. His newest book, “Forensic Testimony, Science, Law and Expert Evidence” with Elsevier/Academic Press is available on Amazon.

Dr. Bowers has some refreshing and insightful views on the validity of forensics, and maintains a blog addressing the “junk science” that so many in the justice system refer to as “forensic science.”  Please visit that blog here: Forensics in Focus.

[Editor's note:  I, personally, refuse to call them forensic sciences.  They are not sciences.  Technologies? Disciplines?  Perhaps, but they're not sciences.]

PS:  I have reviewed Dr. Bowers’ new book Forensic Testimony – Science, Law, and Expert Evidence, and you can read that review here.  I highly recommend it.

The FBI’s Can of Worms: Forensic review stalls, resumes on order of DOJ

The FBI’s massive review of criminal convictions with FBI forensic hair and fiber testimony, initiated in 2012, stalled in the face of widespread errors spanning two decades, but the review has resumed this month on order of the Justice Department. As reported by Spencer S. Hsu, an investigative reporter for the Washington Post, “Nearly every criminal case reviewed by the FBI and the Justice Department as part of a massive investigation started in 2012 of problems at the FBI lab has included flawed forensic testimony from the agency, government officials said.”

Read Hsu’s comprehensive article here. Highlights directly from the article: Continue reading

Fire Science and SBS? Yes – The Child Abuse Experts Can Learn From This

Sue Luttner, editor of the blog OnSBS, has posted an article that points out the parallels between “old” and discredited arson science and the situation with child abuse experts who are stuck in a paradigm paralysis regarding shaken baby syndrome (SBS).

‘Hats off’ to Sue, because the parallels had never struck me before, but they are incredibly close.

Please see Sue’s article here.

First-of-its-kind Exoneration Expected in Dallas

Michael Phillips, an African American man falsely convicted of sexual assault, told everyone he was innocent, but after his attorney advised that he would be better off pleading guilty than risking conviction at trial, and after he then served out his 12-year prison term, he never thought his name would be cleared. However, on July 25, 2014, at 9 a.m. Mr. Phillips, 57, in a wheel chair due to sickle cell anemia, is expected to be exonerated in Criminal District Court 3 at the Frank Crowley Courts Building in Dallas, Texas.

Dallas County District Attorney Craig Watkins’ ongoing initiative to review untested rape kits revealed that Michael Phillips was innocent. According to the National Registry of Exonerations, this is the first time in the United States an exoneration of this nature has occurred…as a result of a district attorney’s systematic testing without active request by a defendant. Continue reading