Powered by Blogger

Saturday, January 07, 2012

"Prosecutors gone wild"

This essay by Conrad Black is just depressing.  Here are a few key paragraphs:

Even casual samplers of the media now come across colossal injustices and failures in the U.S. justice criminal system every two weeks or so. Yet these stories, everyone a heart-breaking recitation of how willful prosecution misconduct has ruined a life or a family, with no consequences at all to whoever has abused his great powers as a prosecutor, seem never to elicit any particular public response or gain any traction for review or reform.

It is an achievement just to pierce the eagerness of most of the media to be a stentorian Hallelujah chorus for law and order paranoia.

. . . Prosecutors have practically untrammeled discretion in deciding what to charge, how many counts to allege, and a very wide latitude in sentences sought. Grand juries are just a rubber stamp for prosecutors, and contrary to the spirit of the Fifth Amendment, provide absolutely no assurance against capricious prosecution. But complicity in or direct causation of the lengthy incarceration of falsely accused and convicted people, not to be confused with honest error and misplaced zeal, is a terribly serious offense and is so treated in every other serious jurisdiction except the U.S.

. . . prosecutors enjoy a stacked evidentiary and procedural deck which gives them a success rate in prosecutions of over 90 per cent. (The corresponding figure in Canada is about 65 per cent, and only about 40 per cent of those receive custodial sentences.)

The United States has just 5 per cent of the world's population, 25 per cent of its incarcerated people, and 50 per cent of its lawyers. The U.S. Supreme Court is unvaryingly proud to try law and not fact, and is thus ostentatiously uninterested in a just result as such, in the unutterably irritating and desiccated way of people who profess indifference to the control they exercise over the fate of real people.

Labels:

0 Comments:

Post a Comment

<< Home