Just a thought

[puddle jumper]

I was thinking of this to day.

Is it better to keep a innocent person in jail because they may be guilty or let a guilty person go who may be innocent?

Some of you may get what i am trying to say.

 

[chriscraft254]

Re: Just a thought

That would depend on wether or not you are the one that is innocent and being held! How would you feel then?

 

[puddle jumper]

Re: Just a thought

I was thinking it from a judges point of view.

But Chris if you went into the prison system and asked 10 jail birds if they were guilty they all would say no.

 

[rogerwa]

It is better to let a guilty person go, than to imprison an innocent person. Easy call.

 

[angus63]

Re: Just a thought

If you have any (reasonable) doubt about the question you ponder, then you actually answered your own question if you remain within the law.

 

[chriscraft254]

Re: Just a thought

That couldn't have been more politically correct,

If you have any (reasonable) doubt about the question you ponder, then you actually answered your own question if you remain within the law.

 

[southkogs]

Re: Just a thought

I think it's too hard without more information. If I've got someone who's accused of something not overly serious, evidence is sketchy at best and they've never seemed to do anything wrong before - I'd opt for risking letting the guilty go free. But if I've got a shady character, who's not very trustworthy for the same not overly serious crime on the same amount of shaky evidence - I may well risk keeping an "innocent" person in jail until I know more.

 

[DJ]

Re: Just a thought

As a qualifier, I have, only once, (35+years of driving) been pulled over, for a traffic offense. It that case, no ticket was issued.

I deal with Law Enforcement, everyday, in my job, but only on a vehicle perspective.

The Law Enforcement community has a tough job. They are now required to do what parents should do.

1. Discipline young offenders.

2. Discipline irresponsible adults.

However, recently, I have seen two travistys of justice. Fortuneately from just enough distance to see.

In both cases, Detectives had a "mindset" before they ever dug into the cases. That mindset prevailed throughout the entire legal process and innocent people are in prison, because of it. Once a "thought" is in their heads, it NEVER gets changed. IF it does-VERY embarassing! NOT being embarassed is paramount, in their thnking/actions. Sad!

We DO NOT have a justice system, we have a LEGAL system-VERY different.

 

[roscoe]

Re: Just a thought

I was thinking it from a judges point of view.

But Chris if you went into the prison system and asked 10 jail birds if they were guilty they all would say no.

Uh, no they wouldn't.

Thats an image drawn from movies and books.

 

[JB]

Re: Just a thought

Given several very high profile cases in recent years I have given this question a lot of thought, and here are some of my conclusions, so far:

It is better to free ten guilty persons than to punish one innocent. Persons who break laws almost always do it as a habit and will eventually get adequately proven guilty and punished. The saying, "Time wounds all heels." rings true to me.

I agree completely with DJ that our justice system is not about truth, it is about winning. "Good" prosecutors will send innocents to jail and "good" defense attorneys will get guilty persons aquitted. Nevertheless it is the best justice system in the world.

Investigators in any field, justice or science, are vulnerable to "investigator's bias". When a search for truth is replaced by a search for proof of a prejudgement injustice is very likely.

Eyewitness testimony is the least reliable evidence presented in court.

The death "penalty" should not be allowed in the presence of even a shadow of doubt.

 

[Raystownboater]

Re: Just a thought

It is better to free ten guilty persons than to punish one innocent. Persons who break laws almost always do it as a habit and will eventually get adequately proven guilty and punished.

Absolutely true! A good enough lawyer can get anyone out of anything but you can't fix stupid.

 

[Raystownboater]

Re: Just a thought

Uh, no they wouldn't.

Thats an image drawn from movies and books.

Actually they would.......and they do

 

[kei9th]

Re: Just a thought

innocent or guilty is not for me to decide. but if you want to know what i think, keep every accused in jail until trail. make the trials speedy and fair. next door neighbor has a ankle bracelet now because of a incident with his juvenile daughter. he was before this, scum of the earth. i moved to a different apartment to keep my family far away from him. he should be in no way allowed near anyone's child until after his trial. how the court system would allow him to be out of a jail cell is beyond me. i had to go to jail for 5 days for traffic violations, i was not allowed to get bail. all i did was drive with a suspended license. im not making assumptions either, i know first hand what happened with the guy and his daughter. she came to my house asking for my wife at 6 in the morning. let them sit in jail like i had to, but get a quick trial. it was good for me to have to be in jail. i haven't had as much as a speeding ticket since 2002.

 

[JB]

Re: Just a thought

So you disagree with the notion that one is innocent until judged (my word) guilty?

How about keeping an innocent person in jail (bail was beyond his means) for 2 years, then dismissing the trumped up charges? His job, home and family were gone because of vicious gossip.

The best feature of our judicial system is protection of the accused from lynch mob attitudes.

 

[halfmoa]

Re: Just a thought

There are more people guilty of crimes running free than there are innocent people incarcerated, which is not to say that wrongful incarceration isn't a horrible thing, just a statement of fact.

In my first year of college one of my instructors told us "When a case goes to trial, it no longer matters whether or not the suspect is guilty, only if you can prove they're guilty." That statement goes both ways....

 

[Tim Frank]

Re: Just a thought

Not to get to political...

You forgot the "but"...as in ...."but I will anyway" :facepalm:

 

[robert graham]

Re: Just a thought

Well, bearing in mind that our justice system is imperfect, it's a good reason to do what you're supposed to do, be where you're supposed to be, keep out of places and situations where you could be wrongly accused or caught with folks who are outside the law and prosecuted with them. I've always said, there's very little good going on from 10:00PM to 6:00AM....best place is home in bed!(with your wife on one side and your shotgun on the other!

 

[puddle jumper]

Re: Just a thought

Some very good input.

Realizing that when it comes to law there are many shades of gray when it comes to innocents or guilt. I think our law makers and enforcers get it right the majority of the time with very few mistakes. The lawyers twist the story to make there side look like there right, using the facts to there advantage.

I don't think that there is a right or wrong answer to this question.You could keep an innocent person in jail and find out at a later date that he was innocent and be questioned why you got it wrong. Or you let a guilty person go and he does the crime again and again questioned why you let this happen.

Sure glad I don't have to make these decisions.

 

[ngt]

Re: Just a thought

Better to let a guilty person go free. Not much would be worse than being in jail for a long time for something you didn't do.

 

[chriscraft254]

Re: Just a thought

Well, bearing in mind that our justice system is imperfect, it's a good reason to do what you're supposed to do, be where you're supposed to be, keep out of places and situations where you could be wrongly accused or caught with folks who are outside the law and prosecuted with them. I've always said, there's very little good going on from 10:00PM to 6:00AM....best place is home in bed!(with your wife on one side and your shotgun on the other!

Only one problem with that statement, there is just as much crime during the day in most places as there is at night..