re: I didn't do it!
If the “basic premise to a fair criminal justice system is that it should do as good a job of protecting the innocent as punishing the guilty” is true in North Carolina, why would more proven murderers be released from prisons than there are on death row? Why would the citizens of North Carolina tolerate even the existence of the many inmates who have already demonstrated that they are a danger to themselves and other persons (and will remain a constant danger for as long as they are allowed to live)? A closer look at the judicial system might reveal that criminals get more access to due process (and/or fairness) than their victims ever do. The scales of justice often seem tilted in favor of those accused (or convicted).
Just because some offenders occasionally state “I didn’t do it” and are exonerated or released that doesn’t mean that they are actually innocent either. Offenders might use “father time” as a “weapon to spring themselves” (after all much evidence is perishable). Witnesses die, move away and memories fade too. Establishing an “Innocence Commission” that has no time limits on reviewing offender’s claims invites further erosion of the confidence we should have in the decisions (and sentencing recommendations) made in our courts.
Clearly we will never be able to convict all criminals for all of their crimes; but to conclude that impartial review does not already exist in the system for those who are convicted and where evidence suggests that justice hasn’t been served would be wrong too. Creating a “super court” of three judges that can reverse the unanimous decisions of 12 peer jurists undermines the idea of serving on a jury panel at trial. If the judicial system is forced to take on yet another form of post trial review by employing a new kind of commission (or appellate court?), its powers should be limited to recommending a new trial (or reversal). Juries should have their say in declaring guilt or recommending sentences for the guilty (wherever possible) and those powers should not be thwarted. The powers of an "Innocence Commission" be should limited (finite) and not dilute or trumpt the authority of Superior Courts (or higher) or the Governor.
When professionals involved in the judicial process (prosecutors, public defenders, judges and/or police) err in their work, they certainly risk their reputations or even their livelihoods (jobs). If some persons have found fault with the way that the North Carolina Bar Association demonstrates its authority and resolve to keep the public’s confidence in our courts, perhaps they should make their views known in a constructive manner to the appropriate persons (ncba@ncbar.org) instead directly to the the court of public opinion (i.e., media).
Instead of attacking the judicial system or faulting the courts when occasional cases result in reversal, acquittal, clemency, pardon or retrial, (with the “I didn’t do its!” ) persons truly interested in supporting justice or a fair system might add crime prevention to their list of priorities to support (instead of so-called Innocence Commissions). After all, prevention is where we all stand to do the most persons the most good. If our courts (and prisons) were less burdened, the public would certainly be better served.
1. 180 inmates are on death row.
2. http://crmis42.doc.state.nc.us/cgi-bin/hsrun.exe/crmis42haht/SimpleAbstractQuery/SimpleAbstractQuery.htx;start=HS_AbstractSubmit (page 13).
5. NC Bar Association, 8000 Weston Parkway, Cary, NC 27513, (919) 677-0561,1-800-662-7407 ncba@ncbar.org.
