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Tuesday, December 05, 2006

Criminal Rights

Lately there has been a lot of violent crime in my area. A lady in our city shot and killed an intruder (good marksmanship, Ma'am). I truly hope she recovers from the trauma she's suffering because of it. I've known a lot of cops in my life, and none who shot someone was ever the same.

There have been a ton of armed robberies here in town, seven I know of in the last few weeks. I know pretty much anytime a pizza delivery person or pizza restaurant gets hit. My son works for one, and the pepperoni telegraph is faster than the internet. All the different pizza joints call each other and let them know what happened, so everyone can be watching.

But the worst, and most frustrating was the strangulation of a Burger King manager by a robber that happened late last month.

It's now come out the the suspect being held in the killing was convicted, and sentenced to life in prison in a quadruple homicide in 1982. Unfortunately, our criminal justice system failed, and allowed him to walk after an appeals court decided that his consent for a search was gotten after too much questioning.

He was already in prison at the time, for another violent crime with a weapon, but got paroled. And was convicted again, and allowed to walk again.

One of the frustrations of our legal system is that only the accused has any appellate rights. After the conviction was overturned, by a court that agreed Mr. Early committed the crime, the prosecutor had no where to go but another jury trial without key evidence.

Why don't we have a system that allows the prosecutor to go to a higher court, and get their opinion on the evidence gathering procedure?

Sure, venue shopping probably would happen with prosecutors, it already does with guilty parties who try and find the judge most unfriendly to the police. The problem is the slanted system allows for the guilty to walk, and leave little if any recourse for the victims or the general public.

The major problem with the appeals process is time. Not how long it takes to get appeals through, but how long judges have to make decisions. Police in the field don't get the advantage of half a dozen clerks and a few months to study case law and read fine print before they take action. Judges, on the other hand, have no pressure on them to do things quickly. Maybe if we told them make a decision in 30 minutes or less, we'd have less criminals allowed to walk free.

Our system is screwed up, there's a family in Trevor, Wisconsin without a mother, because even though the judges knew a man was guilty, they let him walk. Even though he had a history of violent crimes, parole boards kept letting him out. Yeah, that's justice, we see how well he's rehabbed himself.

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3Comments:

Anonymous Anonymous said...

Don't forget the non crimes pupitrated by our childrens knowledge of child services. These so called child defenders can incarcerate key family members for unknown crimes with little to know evidence. All it takes is an anger child who wants to get back at their parent for some small matter they probably deserved punishment for. Our jails our filled with those yet we can't seem to lock up the rapests drug dealers or violent criminals.

We know longer have institutions that lock those up who aren't right. We instead make them teachers and public leaders. Have you looked at the rate teacher student sex has risen in the last ten years? Thanks Bill & Monica.

A girl can have an abortion without parental consent but if she is so much as tardy to class some schools are punishing the parents.

Illegal aliens are killing thousands of people every year. We lock our doors to keep out these unwanted but we can't close our border.

Damn this world is upside down.

10:56 PM  
Blogger Little Miss Chatterbox said...

This is a huge issue for me as well. The failure on the part of our justice system to punish people accordingly leads to more innocent people being hurt and killed and causes some to take justice into their own hands.

12:26 AM  
Blogger shoprat said...

Perhaps a judge who releases a person who then commits a felony should face charges himself or at least be dismissed for failing to do his duty. The fact that judges are allowed to get away with this will keep it happening.

4:48 PM  

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