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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDOJ may have abused evidence in over 2,000 criminal cases, including death penalty cases
I've mentioned in the past how my eyes were opened as to how the Justice Department prosecutes various criminal cases after seeing a powerful documentary called Better This World, which detailed (in part) the prosecution against two teens for supposedly planning to plant some bombs at a political convention. While the two teens are hardly innocent, the ridiculous tactics pulled by the US Attorneys' office and the FBI in pressuring them into a plea bargain made it clear that for the DOJ, it's never about justice, but about winning. And that can be a bit dangerous when you're the guys with the most guns and you get to make up many of the rules as you go along.
So while this following bit of news is horrifying, it's not that surprising: late last week, it was revealed that the DOJ/FBI have more or less admitted that they may have abused microscopic hair analysis in over 2,000 cases, leading to many convictions and a few people already put to death. Apparently over 120 convictions, including 27 death penalty convictions are now seen as suspect due to the questionable analysis -- with more likely on the way.
The main issue was that the DOJ more or less lied about what hair analysis meant, and how accurate it is (it's not that accurate). Also, when the DOJ realized this rather serious issue likely led to many false convictions, it started telling prosecutors only, but not defense attorneys.
The FBI began reviewing a few hundred cases, but notified only prosecutors of flaws, with the Department of Justice claiming they were not required to inform defendants or their lawyers. In more than half of the 250 cases in which errors were initially identified, prosecutors never contacted defendants to inform them of the potentially exonerating evidence. The DOJ since expanded its review to involve thousands of older cases from the 1980s and 1990s.
So while this following bit of news is horrifying, it's not that surprising: late last week, it was revealed that the DOJ/FBI have more or less admitted that they may have abused microscopic hair analysis in over 2,000 cases, leading to many convictions and a few people already put to death. Apparently over 120 convictions, including 27 death penalty convictions are now seen as suspect due to the questionable analysis -- with more likely on the way.
The main issue was that the DOJ more or less lied about what hair analysis meant, and how accurate it is (it's not that accurate). Also, when the DOJ realized this rather serious issue likely led to many false convictions, it started telling prosecutors only, but not defense attorneys.
The FBI began reviewing a few hundred cases, but notified only prosecutors of flaws, with the Department of Justice claiming they were not required to inform defendants or their lawyers. In more than half of the 250 cases in which errors were initially identified, prosecutors never contacted defendants to inform them of the potentially exonerating evidence. The DOJ since expanded its review to involve thousands of older cases from the 1980s and 1990s.
http://www.techdirt.com/articles/20130723/00563923895/dojfbi-admit-they-may-have-abused-hair-analysis-to-convict-hundreds-to-thousands-innocent-people.shtml
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DOJ may have abused evidence in over 2,000 criminal cases, including death penalty cases (Original Post)
davidn3600
Jul 2013
OP
I believe the legal term is EXCULPATORY EVIDENCE and they are 100% obligated...
TheMadMonk
Jul 2013
#1
This involves more than just false lab reports at the federal level. Labs at the State level
AnotherMcIntosh
Jul 2013
#4
TheMadMonk
(6,187 posts)1. I believe the legal term is EXCULPATORY EVIDENCE and they are 100% obligated...
...to inform the defence of any and ALL evidence which might aid the accused.
Progressive dog
(6,905 posts)2. From 2012
davidn3600
(6,342 posts)3. Not according to these sources...
Progressive dog
(6,905 posts)5. Here you go from 2009
AnotherMcIntosh
(11,064 posts)4. This involves more than just false lab reports at the federal level. Labs at the State level
have also produced false reports that have led to convictions. A major scandal involving false lab reports, for example, was uncovered in 2010 in San Francisco. There were also other California counties with similar false lab reports. No body knows how many times lab technicians have helped prosecutors get unjustified convictions.