Better 10 Guilty Men Go Free than to Convict a Single Innocent Man

Published: 2009-6-9
"Better 10 Guilty Men Go Free than to Convict a Single Innocent Man"
Article provided by Paul Cramm
Visit us at www.kansascity-criminal-attorney.com
The essence of this quote forms the very cornerstone of the system of justice that separates the United States from virtually every other civilized nation. Think about the presumption of innocence; the requirement of proof beyond reasonable doubt; the requirement of a unanimous jury verdict. These core elements of our system of criminal justice all flow directly from the premise that the wrongful conviction of a single innocent person is ten times worse than a guilty person going unpunished.

Many of us are instinctively patriotic; downright “‘jingoistic” about the protections afforded us by the Bill of Rights: the right to be free from unlawful search and seizure of our person or effects; the right to remain silent if accused of wrongdoing; the right to be represented by counsel; the right to a trial by jury.

We take off our hats and hold our hands over our hearts when we hear the national anthem at a sporting event. We get misty eyed at images of our enlisted men and women returning from active duty. We hang our flags on Memorial Day, Veteran’s Day the Fourth of July and Presidents Day.

How many of us, however, grumble disparagingly under our breath during the evening news when a photograph of a suspect is displayed during a report of a criminal investigation, based on nothing more than the suspect's race, ethnicity or socio-economic status? How many of us could truly be fair and impartial jurors in a criminal case after we have seen or read wholly unsubstantiated news accounts of the alleged incident? How many of us refrain from commenting about sensational and salacious tidbits spread about a criminal case we have seen or heard about on the news? How many of us would honestly and sincerely honor the Defendant's Constitutional Presumption of Innocence?

If you grew up in an upper middle class (or better) family and neighborhood, there may not be anyone in your immediate or extended family who has ever even been accused, let alone convicted, of a criminal offense. It’s possible that someone in your family got a DUI on his or her way home from the annual company Christmas party, or maybe someone in your family got caught with a misdemeanor amount of marijuana while in high school or college. But the reality is that true, firsthand experience with the criminal justice system is rare among most middle and upper class registered voters: the people most likely to be called for Jury Duty.

We live in truly amazing times. An event can occur in New York and someone in Los Angeles can log on to a near "real time" live video feed. We can call from San Diego to Maine on our cell phones, from our cars, and tell each other the events of our day. News media like CNN and MSNBC provide round-the-clock coverage of national and international events. Cable networks provide real-time coverage of trials across the nation. All of this provides us access to information that may be deemed wholly unsubstantiated, unreliable and inadmissible at the ultimate trial of a sensationalized crime.

Thus, can we be "good jurors" in today's day and age? Are we able to decide cases based solely on evidence admitted into court, regardless of what we may have seen or heard about a case from local and sometimes national or even international news media? Often times being fed dramatized information from the day of the crime, which happened long before trial was scheduled? Moreover, do we all still agree that it truly is “Better that 10 guilty men go free than to convict a single innocent man” or has it become too easy to ignore the reality of wrongful conviction; as long as it isn't happening to our own neighbors?

The Innocence Project has now had some 100 death sentences overturned based upon post-conviction evidence. According to their study of the first 70 cases reversed:

• Over 30 of them involved prosecutorial misconduct.
• Over 30 of them involved police misconduct which led to wrongful convictions.
• Approximately 15 of them involved false witness testimony.
• 34% of the police misconduct cases involved suppression of exculpatory evidence.
• 11% involved outright evidence fabrication.
• 37% of the prosecutorial misconduct cases involved concealing exculpatory evidence.
• 25% involved knowing use of false testimony.

Keep in mind; these statistics involve Death Penalty cases wherein the State sought to literally kill the innocent person who happened to be in the wrong place at the wrong time.

How many of those 100 innocent, wrongly accused citizens were convicted in the media before jury selection ever began in their trial? How many were wholly deprived of their Constitutional Presumption of Innocence? If we allow ourselves to make watershed decisions far "upstream" about whom is and is not deserving of the protections afforded by our Constitution, our entire system of justice becomes a hollow shell with a predetermined outcome.

I recently had the privilege of meeting Dennis Fritz at local book club meeting to discuss his book “Journey Toward Justice.”
Dennis was charged along with Ronald Williamson for the murder in Ada Oklahoma that prompted John Grisham to write “The Innocent Man.” In Dennis’ book, he describes in a way that only first-hand experience allows what it was like to be accused, arrested, tried, convicted and imprisoned for 11 years for a crime he did not commit. The fact that OUR esteemed system of “justice” is responsible for what happened to this innocent man is chilling. We all need to remember that our system of justice is what truly separates us from all other civilized nations. The way we as a community treat those accused of crimes defines us as a nation. We must treat those accused of heinous crime with blind and impartial fairness as much for them as we do for our own integrity.

Sources:FindLaw KnowledgeBase

DENNIS FRITZ AND JEFF STACK TRAVEL TO JEFFERSON CITY TO LOBBY AGAINST THE DEATH PENALTY

On March 5, 2009, Dennis Fritz and long-time activist Jeff Stack traveled to the State Capital in Jefferson City, Missouri, to lobby on getting the death penalty abolished. Dennis and Jeff spent the morning and the entire afternoon, speaking to members of both the House and Senate, to gain their combined support in abolishing the death penalty.

The numerous contacts that Jeff and Dennis made really paid off. Some of the Senators’ and House members, who had been previously staunch, pro death penalty advocates, whole-heartedly promised to give their full considerations in modifying their decisions making about the death penalty.

That evening, Dennis spoke to an assembly of Missouri University students, about the horrors of having been falsely incarcerated for 12 years in a very harsh Oklahoma penitentiary—for the crime of 1st Degree Capital murder, that he knew nothing about, whatsoever!

It was yet, another small victory for Dennis Fritz— in the picture as a whole— of dedicating himself to bring about that greater awareness of false convictions—to anyone and everyone that will listen.

PHOTOS CLICK HERE

World Day Against The Death Penalty Oct.10

October 10th is to be observed as the ‘World Day against the Death Penalty’. UN members will vote on a While 130 countries have abolished the death penalty in law or practice, 69 countries retain and use the death penalty. But, the number of countries which actually executes prisoners in any one year is much smaller. Since 1990, more than 50 countries have abolished capital punishment for all crimes.

Human rights organizations like Amnesty International express their unconditional opposition to death penalty as a violation of the right to life and the right to be not subjected to cruel, inhuman or degrading treatment or punishment. In fact, the death penalty has never been shown to be a more effective deterrent than other, more humane forms of punishment.
The World Coalition against the Death Penalty (WCADP), of which organizations like Amnesty International are members, is organizing a day of local action around the world on October 10, celebrated as the World Day against the Death Penalty.
Read more here

National Weekend of Faith in Action

October 19-21, 2007 The National Weekend of Faith in Action (NWFA) is an opportunity for faith communities, interfaith groups, human rights activists, and others to examine the death penalty from a faith-based or values-based perspective.
Set aside some time during the weekend of October 19-21 for an activity or event that focuses on the death penalty.

read more

Barbara's Journey Toward Justice Recommends Justice For The Innocent JFTI

I am meeting so many Great people on my Journey from all over the world. Today I received an email from a friend in Germany. They read my Blog and told me about this Wonderful Group and their website. I just had to Add and Share:
JUSTICE FOR THE INNOCENT (JFTI) is a non-profit organization established in Germany in August 2005 to fight for the lives of innocent men and women sentenced to death. We are a close group of dedicated supporters from all over the world who share the same goal. Among our members are family and friends of death row prisoners, former death row prisoners, human rights activists and those committed to the abolishment of the death penalty. JUSTICE FOR THE INNOCENT now has a U.S contact based in NY

Abolish the Death Penalty: Innocent and Executed

Today I noticed this on Abolish the Death Penalty Blog: and found it very interesting. This is from their Blog -
Innocent and Executed
Today we launched the online version of Innocent and Executed: Four Chapters in the Life of America's Death Penalty. This report tells the story of four men -- Larry Griffin of Missouri and Ruben Cantu, Carlos De Luna and Cameron Todd Willingham, all of Texas -- who were executed despite being almost certainly if not demonstrably innocent. You can see the "micro site" we created here.

Many thanks to Josh Hilgart and Jason Zanon, friends and old colleagues of mine, for providing the technical assistance that allowed this to happen. END

Great Job, Josh Hilgart and Jason Zanon and Friends. From Barbara's Journey Toward Justice
Here is The Link Again
Abolish the Death Penalty: Innocent and Executed