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The whole thing as a system requires it to 'police' itself internally, because we don't have enough information to be able to do it effectively (i.e., file laws
by cobrausn 13y ago
The whole thing as a system requires it to 'police' itself internally, because we don't have enough information to be able to do it effectively (i.e., file lawsuits with 100% accuracy). I'll say it again - when a case review finds withheld evidence that led to a wrongful conviction, this should lead to immediate criminal charges from within the system - no lawsuit should have to be filed from the victim. If it was unintentional, let the jury decide. This is how the rest of us get treated.
I disagree that this is simple cost-benefit analysis. This is about the integrity and trustworthiness of the system, and it's not worth writing off a whole bunch of people to make the wheels squeak less and clean up easier when they grind up an innocent person's life. It needs pressure from the outside to reform itself from within.
EDIT:
I guess I'm asking for the justice system to do a better job policing itself and start treating transgressions like this as major offenses that threaten the system itself. But considering human nature, this is unlikely. There is an interesting book called 'Mistakes Were Made (But Not By Me)' which has a chapter dedicated to this kind of behavior in the justice system.