Wednesday, April 11, 2012

....And Justice For All

Justice.  Where do we go for it? What does it cost, is it really blind?

One of the things I truly love about this country is that we value just treatment for everyone.  For the victims the opportunity to be made whole.  To punish the wrongdoers if in fact he is judged guilty by a jury of his peers. We call it due process and it is a valuable thing indeed, especially if you are accused of a crime.

But what happens if the justice system gets short circuited?  If some people in the system decide that they don't need due process. That's just a formality because we know that S.O.B. did the crime. So some evidence comes up that might complicate matters so we keep it to ourselves.  No problem.  We know that S.O.B. did it.

Ask Michael Martin. Over 25 years ago he was convicted of murdering his wife. He served 25 years in prison for the crime before Barry Scheck and the Innocence Project were able to prove through DNA evidence that he was innocent. 25 years! What is even more unbelievable is the last several years were spent fighting the prosecutors to get the evidence admitted.

Martin is now a free man and the prosecutor, now a judge,  is being investigated for misconduct.  Bet he'll demand due process!

The reason I bring this up is because of another Martin case. In this case Martin is a 17 year old Black youth that was shot and killed in Florida by a white man. Zimmerman,  the shooter, is claiming self defense.  The local DA and Chief of Police agreed with him and did not indict him. End of story,  right?

Not hardly.  Al Sharpton, needed blood so they protest.  A special prosecutor is appointed to get the result demanded,  an indictment.  Who needs a Grand Jury? What do those idiot citizens know? 

If it appears that I am coming to the defense of George Zimmerman you bet your ass I am. But just not him. You, me and every other citizen of this country!  While 99.9% of us will never be in this situation I'm sure Michael Martin saw himself as part of that vast majority 25 years ago. Then, all of a sudden,  he loses his wife and his freedom.  And except for the Innocence Project would STILL be in jail!

Our judicial system is run by people and people make mistakes.  Technology,  such as DNA testing, is bringing some of those mistakes to light. But in the Michael Martin case those mistakes appear to have been willful. No amount of technology is going to defeat that. The best thing we can do to prevent such "mistakes " is demand that due process is afforded ALL accused people.  Make the state prove beyond a reasonable doubt the guilt of a defendant.  And make sure there are consequences when this process is circumvented.

The Martin case in Florida needs to be watched closely. Not because I believe George Zimmerman is innocent or guilty.  Our system places the burden of proof on the state so until they satisfy that burden he must be considered innocent!  That's what we would want for ourselves.

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