HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Editorials & Other Articles (Forum) » NYT Editorial: Justice a...

Thu Dec 29, 2011, 08:24 PM

NYT Editorial: Justice and Prosecutorial Misconduct

http://www.nytimes.com/2011/12/29/opinion/justice-and-prosecutorial-misconduct.html?_r=1&hp

Justice and Prosecutorial Misconduct


Published: December 28, 2011

Michael Morton was exonerated by DNA evidence this month after being wrongfully convicted of murdering his wife and serving nearly 25 years in prison in Texas. In seeking to prove Mr. Morton’s innocence, his lawyers found in recently unsealed court records evidence that the prosecutor in the original trial, Ken Anderson, had withheld critical evidence that may have helped Mr. Morton.


The judge reviewing the case allowed Mr. Morton’s lawyers, including those from the Innocence Project, which represents prisoners seeking exoneration through DNA evidence, to gather facts about the prosecutor’s conduct. The Innocence Project’s report makes a compelling case that Mr. Anderson, now a state judge, disobeyed “a direct order from the trial court to produce the exculpatory police reports from the lead investigator” in the case

Mr. Morton’s lawyers have asked that the judge recommend a “court of inquiry” to investigate whether Mr. Anderson violated the law and should be charged in a criminal proceeding. While this process is an urgent matter for Mr. Morton, it is also a test of American justice — whether a prosecutor who flouts his duty under the Constitution to disclose crucial evidence to a defendant is subject to any meaningful sanction.

5 replies, 1926 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 5 replies Author Time Post
Reply NYT Editorial: Justice and Prosecutorial Misconduct (Original post)
Stuart G Dec 2011 OP
rfranklin Dec 2011 #1
Downwinder Dec 2011 #3
FreakinDJ Dec 2011 #2
COLGATE4 Dec 2011 #4
bemildred Dec 2011 #5

Response to Stuart G (Original post)

Thu Dec 29, 2011, 08:27 PM

1. This asshole belongs in jail himself...

 

He knowingly sent the wrong person to jail for 25 years.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to rfranklin (Reply #1)

Thu Dec 29, 2011, 08:35 PM

3. You are too generous, let the prosecutor serve out the original sentence.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Thu Dec 29, 2011, 08:32 PM

2. Will never spend a day in jail - part of the 1% system

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Fri Dec 30, 2011, 10:07 AM

4. You've got to love that "Good 'ole Texas justice system". Yee Haw!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Fri Dec 30, 2011, 11:14 AM

5. Who will watch the watchmen?

Who will watch the watchmen? The question was first posed in Latin, but it is just as important today as it was 2,000 years ago. Power has to be kept in check, as the founders of our country knew when they designed a system of checks and balances in the U.S. Constitution. Any agency that has the power to protect us from enemies also has the power to do us great harm.

Police must be able to search for evidence, if they are to catch terrorists or other criminals. But when police can get access to information about us too easily, they regularly abuse their power. (See "Cops tap database to harass, intimidate." It is vital to protect citizens from police intrusion. In the United States, we do this by requiring the police to go to court and obtain a search warrant.

Today the security forces want to be allowed to seize credit card information from Internet sites without a court order; they want to be able to record what URLs you look at without a court order, which can tell them such information as what books you have bought. There will be no difficulty getting a court to approve a search warrant when there is credible evidence of a terrorist plot, so they can investigate terrorists without this change. Whenever police ask to be allowed to bypass search warrants, we must be on guard.

We depend on the FBI to investigate suspected terrorists, but who else will it investigate? Probably any real political opposition, since the FBI has a long history of investigating dissidents purely for their political views. Martin Luther King Jr.'s phone was tapped; his life-long commitment to non-violence apparently was not enough reason to consider him non-threatening. More recently, John Gilmore, founder of the Electronic Frontier Foundation, was investigated by the FBI as a criminal suspect based on no evidence except his political views.

http://stallman.org/watchmen.html

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread