Re: NPR ... Food For Thought

From: Dean Huffman . (dean@thehuffpeople.net)
Wed Nov 16 20:24:25 2005


..

Clearly you have a point. If I were to vote on the issue, I would probably vote against it (I think), depending upon the wording. In fact, in the 1800's the US Supreme Court found an exemption from liability. (Sorry, I do not know the case or the details).

On the other hand, I think that there IS a place for compensation for victims and punishment of judges and/or prosecutors.

If you have never seen it, you need to rent the documentary "The Thin Blue Line". It is about a murder conviction in the killing of a police officer in Dallas, Texas, with the death penality, in a case which the prosecutors clearly knew that the defendant was guiltless. The person who killed the police officer (and the prosecutors clearly knew that he killed the police officer) was under age and therefore could not get the death penality. And since the public "wanted blood", they went after someone who was innocent. It is a documentary that I believe everybody should see.

Or the case in one of Chicago's "collar counties" where a death penality was obtained against someone whom was clearly known not to be guilty. At least in this case, the prosecutors went on trail themselves (but were found to be not guilty).

In Illinois, more than half of the people on death row were later found to be innocent. Some point out that this shows that "the system works". Rather than considering that a vindication for "the system", I wonder how many more have been executed wrongly.

If somebody was wrongly convicted and then later shown to be innocent, the prosecutors will often fight tooth and nail to uphold the conviction. Shouldn't they get some compensation for the time spent wrongly in proson? Even if it was an "honest mistake".

And what about those who clearly lie. A few years ago there was a lab technician in Chicago who was found to have lied in hundreds of cases concerning DNA and other evidence.

And what about those who are given "inadequate representation" in court. OJ and Michael Jackson get pretty good representation (I believe both should have been found guilty), but if they were of ordinary means, or less, they clearly would have been convicted.

Maybe our system is the best there is (or, stated another way, the worst except for all the others), but it certainly could be improved.

The arguement that judges perform a job that is so important that they should be free of liability could be made for physicians, too. It just isn't.

Dean Huffman

Date: Tue, 15 Nov 2005 18:15:42 -0600 From: DoctorJoe@aol.com Subject: Re: NPR ... Food For Thought

>
> In a message dated 11/15/05 4:44:15 PM, dean@thehuffpeople.net writes:
>
> >Personally, I do not see what the problem is. If we can be held liable for
> our
> >errors (or perceived errors), why shouldn't judges be held liable in a
> similar
> >fashion.
>
> >From time immmmemreroable, including (I believe) the Mosaic judges,
> judges have been granted immunity for the very reason that the threat of
> liability from any source can have a negative effect on the impartiality of
> the judge. The appeals process (a residual from Canon Law, not English
> common law) gives the aggrieved an avenue of relief.
>
> What do you think would happen in our system (or the British system, or in
> France, or Namibia) if criminals convicted and sentenced, or the DA who
> loses a case, or a civil party who does not prevail, could immediately
> press charges or sue the judge on the case? Pandemonium.
>
> In cases of elected judges, poor performance can be remedied by voting her
> out of office. In case of appointed judges (e.g. our federal system), bad
> judges can be impeached.
>
> Joe P.
>

----- End forwarded message -----





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