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The Growing Problem Of Wrongful Conviction
Written in 2003, but highly relevant to today. While the article doesn't mention men as such, you will note all the targets for these improper prosecutions were men. The public rushes to the sympathetic aid of women while rushing as aggressively to condemn men merely upon accusation. Excerpt:
'Wrongful conviction is on the rise because the protections against it have been eroded by the pursuit of devils—drug dealers, child molesters, environmental polluters, white-collar criminals, and terrorists—all of whom must be rounded up at all cost. In doing so, we have done what Sir Thomas More warns against in the play 'A Man for All Seasons': we have cut a great swath in the law.
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...Blackstone conceived of law as the people’s shield. It is better, he said, for ten guilty men to go free than for one innocent man to be convicted. In contrast, Bentham viewed the law as a weapon the government wields to punish criminals or anyone else in the name of the greatest good for the greatest number. He believed in rounding up people who might commit crimes. He wanted to restore torture to aid in securing convictions, and he believed that a defendant’s lawyer had an obligation to aid the prosecution.
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Every area of law reflects widespread disregard for the “Rights of Englishmen.” Superfund law takes retroactive law back generations and places liability on people and organizations that never contributed an ounce of hazardous waste to a Superfund site (Roberts and Stratton 2000, 70–81). In child abuse cases, due process and the right to confront one’s accusers do not exist. Anonymous allegations serve as grounds for seizing children and placing them in the hands of “therapists” who coax them into accusations (Lyon 1998; Roberts and Stratton 2000, 144). The Justice Department and the Housing and Urban Development Department have coerced neighborhoods that are legally using local zoning ordinances to keep out commercially operated halfway houses and drug-treatment clinics into abandoning their right to equal standing under the law (Roberts and Stratton 2000, 113–21).
The law as Blackstone understood it has been lost. Formerly, prosecutorial behavior was regulated by conscience and by the carefully inculcated ethic that the prosecutor’s duty is to serve justice by finding the truth. The purpose of a trial was to weigh the evidence for and against the defendant, not to convict him at any cost. A prosecutor’s career and self-esteem did not depend on his conviction rate. A prosecutor who suborned perjury or withheld exculpatory evidence in order to win a case was regarded as a shameful figure and an embarrassment to the law.'
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Comments
Bentham sounds like an early
Bentham sounds like an early prototype for feminists, even though he was a man. Perhaps feminism started as a mixture of Marxism and "Benthamism" - though of course this would be an embarassent to Bentham were he still alive.
-ax