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Innocent free after 23 years - preservation of evidence as innocence protection

Discussion in 'Alley of Dangerous Angles' started by Ragusa, Aug 9, 2009.

  1. Ragusa

    Ragusa Eternal Halfling Paladin Veteran

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    Ernest Sonnier, 46, set free after 23 years - half his life - in jail. He was proven innocent through a DNA test. Good for him.


    ​

    It is not the first time an innocent has spent half his life in jail. The case was from Texas. Mr. Sonnier can count himself lucky to have had his evidence re-examined. While Texas does have evidence protection laws, access to it is limited (PDF). For instance, had Sonnier been sentenced to death, and had his execution been imminent, his request for the proposed DNA might have rejected as an unreasonable delay the administration of justice. That was iirc about the way it would have been handled under then Texas Governor George Bush and then Texas secretary of state Alberto Gonzales.

    Interesting article, or rather, cri de coeur:
    Another thing that appears to be practice is that prosecutors seek written plea deal agreements that hold as a condition that all the evidence can be destroyed after the conviction and sentence. Then, there is nothing to test or retest. There is the probability that innocents if the pressure on them is only great enough enter into such deals, and forfeit any chance to exonerate themselves. That practice strikes me as questionable.

    Thoughts?
     
    Last edited by a moderator: Sep 19, 2015
    Ragusa, Aug 9, 2009
    #1
  2. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    ...what would you have the police do with all the evidence from every single case? There are reasonable limits on what can be done (and stored for that matter).

    Personally, that he was able to prove his innocence is great (although he should not have had to). But I don't really have an opinion about your other points -- I am not willing to handicap law enforcement any more than it already is.
     
    T2Bruno, Aug 9, 2009
    #2
  3. NOG (No Other Gods)

    NOG (No Other Gods) Going to church doesn't make you a Christian

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    First off, from the way the article is written, he should never have been convicted (though things were a little different 23 years ago).

    Secondly, evidence from a completed trial should be preserved until the sentence is completed. I doubt there are enough sentences that last beyond 10 years to pose a huge problem for long-term storage. Yes, it'll be a little pricy, but that's the nature of our system.

    And lastly, if the person pleads guilty, I don't have a problem with them destroying the evidence. If the person pleads no-contest, they most certainly should NOT destroy the evidence. On top of that, plea deals should make no distinction between the two unless they require the person to allocute (I don't think any innocent person would make up details of the crime to avoid a trial).
     
    NOG (No Other Gods), Aug 9, 2009
    #3
  4. Blades of Vanatar

    Blades of Vanatar Vanatar will rise again Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    NOG, I agree. If it's in anyway possible to save the evidence for the life of the sentence, it should be done so. As we see more and more innocent people imprisoned, this has to be taken into consideration when determining how long to keep the evidence. With new technologies arising, we need to adapt our laws to make sure everyone gets a fair shake.
     
    Blades of Vanatar, Aug 10, 2009
    #4
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