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Punishing Those Who Would Imprison the Innocent

It now appears that a state judge, who engaged in wrongful conduct as a prosecutor that led to the imprisonment of an innocent man for over 20 years, will be prosecuted.  If he is guilty, as it seems, I hope they throw the book at him.  (Hat tip: Eugene Volokh).

This case (about which I blogged here) was the one that got me thinking about this issue.  If the judge and former prosecutor serves time, it will be very rare.

Unfortunately, there is a tremendous and unjustified leniency towards people who take actions that can wrongfully imprison the innocent.  Recently, there have been a few  cases of women who wrongfully accused men of rape leading to at most slaps on the wrist.  See here and here.

All of these people — the prosecutors and the false victims — have engaged in tremendously harmful behavior.  And should serve real time.

Reader Discussion

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on May 22, 2013 at 23:45:18 pm

Maybe they should arrest and prosecute the jury members who voted to convict. Withheld evidence or not the jury has a duty to nullify any law or any prosecutors allegations if the case is in any way not completely proven. The problem with most juries today,especially in cases that question government authority,taxes,money or government power is that the jury members are often selected to side with the state. These juries have been brainwashed over time to accept anything that the judge,the prosecutor or law enforcement say or do as gospel. Alas,juries usually don't question authority. And one more thing,don't ever bring up the word Constitutional in court. You'll probably be held in contempt.

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libertarian jerry

Law & Liberty welcomes civil and lively discussion of its articles. Abusive comments will not be tolerated. We reserve the right to delete comments - or ban users - without notification or explanation.