Justice System Procedure Frequently Ignores Innocence

If you were able to read my recent article, Comment on the Nature and State of the (US) Justice System, you’ll know that I bemoaned the fact that the justice system has become an end unto itself, and gets itself (and defendants) endlessly tangled up in “procedure,” ignoring actual guilt or innocence. And if you’re an actually innocent, wrongfully convicted defendant, the situation gets ten times worse.

Interestingly, here is a recent article from InjusticeWatch that underscores much of what I had to say.


2 responses to “Justice System Procedure Frequently Ignores Innocence

  1. Thank you for covering this important story. It’s a case that I have been following for years, and I believe it demonstrates the incredible bias in favor of convictions in this Michigan county (Calhoun). The Thomas Cress case was another that they fought tooth and nail, and ultimately won (upheld conviction) on procedural grounds, even though the true perpetrator was known, and even the original detectives in the case later realized that Mr. Cress was the wrong man. Thankfully, Michigan’s governor commuted Mr. Cress’s sentence, and he was released after 25 years. There are now (at least) three more Calhoun County cases for which innocent people remain in prison, all three revolving around the so-called “shaken baby syndrome.” Perhaps interestingly, one of these cases involved the same prosecutor, judge, and defense attorney that Ms. Lorinda Swain had during her wrongful conviction.

  2. Perhaps I should also mention that in the Thomas Cress case, the prosecutor destroyed the DNA evidence 3 months after another man confessed to the murder, leaving no way to prove the validity of the confession and/or Mr. Cress’s actual innocence.

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