Submitted by nowhathappenedwas t3_124xzd5 in news
hellomondays t1_je1rw4c wrote
Reply to comment by Elhaym in Maryland Court of Appeals reinstates Adnan Syed's murder conviction by nowhathappenedwas
I agree, that was my take away too but it's not how justice works or should work. The state's case fell apart under post-trial scrutiny, their evidence was flimsy and overstated. I rather many guilty person go free from the state not being able to prove their guilt rather than one innocent person be wrongly convicted.
SpaceTabs t1_je20cun wrote
Yep. It's all about procedure. If the state makes a mistake on the procedure, that can result in a reversal. The truth is secondary.
Morat20 t1_je2565i wrote
It's done that way because it's to incentive prosecutors not to do shady shit to try to get convictions.
Which has, historically, been a real problem.
WebbityWebbs t1_je2wik0 wrote
Historically been a problem? It’s still a huge problem.
SpaceTabs t1_je4hyl7 wrote
It wasn't only this though. The police made way too many mistakes. The vehicle wasn't found for way too long. Now it would be found same day.
In 1999, this should have been a red flag about Baltimore PD corruption/incompetence. Since the murder, there has been two full-blown federal/state investigations of BPD with 100+ page reports, a riot, an award winning seven season HBO mini-series, and the mayor was convicted of conspiracy to commit wire fraud and conspiracy to defraud the government over using a children's book to enrich herself. That was after she fired one of the better police commissioners, who went next door and became police chief.
[deleted] t1_je2nkrl wrote
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SpaceTabs t1_je2vdx2 wrote
Well, there's also losing at the supreme court. At that time called the court of appeals. He is out because the prosecutor made a procedural motion to vacate the conviction and nolle prosequi for the court to dismiss the charges.
3rdEyeDeuteranopia t1_je23ipx wrote
The state's case really didn't fall apart though. The conviction was upheld multiple times.
hellomondays t1_je2keu4 wrote
I mean, their cell phone tower expert testified that overstated his testimony in the trial and DNA evidence later exonerated Syed. This is on top of a brady violation that was the thing that got him over the finish line. I think the prosecution made a good faith effort, they weren't trying to railroad him, but they made mistakes
3rdEyeDeuteranopia t1_je2l7w9 wrote
The outgoing calls were never in question. The incoming calls still have to be in range of the tower referenced.
The DNA evidence never exonerated Adnan. His DNA/prints were already found in the car. If they were found on the shoes too, people would just make the same excuse for that DNA they gave for previous evidence which is Adnan had been in the car before anyway.
hellomondays t1_je2nf70 wrote
The touch DNA excluded him. He wasn't a match.
3rdEyeDeuteranopia t1_je2t2x1 wrote
It didn't though. There is no evidence the murderer touched the shoes with their hands. The shoes were dress shoes worn all day at school. The DNA on the shoes could have come from anywhere.
Elhaym t1_je4fm0a wrote
The DNA did not exonerate him at all. If I strangle you while wearing gloves, there's a good chance none of my DNA would wind up on you. Would investigators finding none of my DNA mean I'd be exonerated? Nope. Absence of evidence is not evidence of absence.
[deleted] t1_je2bw13 wrote
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BroBogan t1_je2wabq wrote
> I rather many guilty person go free from the state not being able to prove their guilt rather than one innocent person be wrongly convicted.
This is one of those lines that is great in theory but much tougher in practice.
We are talking about murder here. So if ten people are on trial for murder and one of them is innocent but the other nine are guilty you would rather all ten be free then all ten be in prison? How comfortable are you with setting free nine murderers into your community?
What if it is 100 and 99 of them are guilty and one is innocent?
There is no correct answer here. I struggle this with myself and it's an interesting dilemma (like the trolley problem). But I think your statement is easy to say in theory but harder in reality when you're talking about releasing murderers into a community.
JCPRuckus t1_je2ye81 wrote
You're the 1 innocent person wrongly accused of murder. Are you willing to go to jail to put 9 actual murderers in jail?... I'm not.
BroBogan t1_je5hs4l wrote
So serious question. How many murders would you be willing to release to spare one innocent person.
Let's say there are 300,000 people in prison for murder right now. Statistically at least one is innocent. Probably much more than one.
Should we release all 300,000 people convicted of murder in order to ensure that the innocent are let free?
JCPRuckus t1_je5l25g wrote
Edit: Actually... Answer my question first.
How murderers would it take being imprisoned instead of released for you to be willing to be imprisoned for a murder you didn't commit and branded a convicted murderer for life?
DefinitelyNotAliens t1_je2ylaq wrote
The murder recidivism rate for another murder is 2% after 5 years, so actually pretty comfortable because statistically, none of the 10 will kill anyone, and any crime is 51%, including property crimes, where losses are dollars, not physical harm.
Overall recidivism rates are close to 80% in 5 years, so actually murderers are much less likely to do bad stuff compared to like... car thieves and domestic abusers. Unless the murder is a domestic abuser. Property crime guys are highest at over 80%.
Realistically, we shouldn't convict people unless they are beyond reasonable doubt, the perpetrator. A criminal record is devasting in finding work. Even an arrest can destroy your life. Cash bail is a pay to play justice system and disproportionately impacts the poor.
Some states your criminal record follows you for life. You will never get a good job with good pay. You are forever a criminal.
To brand someone as a criminal for life is a big deal. Take years of their life? Big deal.
Yeah. The state should be really freaking sure before destroying their life and stripping human rights. It's not a small thing.
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