Uncensored Justice System Discussion

JUSTICE1st · Joined: 13 Dec 2007 Posts: 715 Location: USA

It usually isn't just one act of official incompetence or misconduct that leads to a criminal defendant NOT getting a fair and unbiased trial that leads to a wrongful conviction in many cases.

Some cases have a number of factors:

1. Ineffective Assistance of Counsel

2. Juror Misconduct

3. Prosecutorial Misconduct

4. Judicial Misconduct

Of course, it isn't enough to ALLEGE (say or write) that one or all factors were present in a trial when making an appeal or a Writ of Habeas Corpus requesting a new trial. One or all must be clearly demonstrated, and even then, it is no guarantee.

Here are some links discussing cases and criteria for juror misconduct.

Juror Misconduct Leads to Overturned Conviction- Talk Left
http://www.talkleft.com/story/2005/04/29/639/85285

We're From the Government and We're Here to Help: Glaring Government Agents Intimidate Jurors. U.S. v. Rutherford, no. 03-10158 (9th Cir., June 10, 2004).
http://www.crimblawg.com/juror_misconduct/index.html
(Fourth entry, dated June 15, 2004)

Jury Misconduct Cases
http://www.capdefnet.org/hat/contents/constitutional_issues/jury_misconduct/jury_misconduct.htm

Again, it is a lot of information, but well worth the effort, especially if one's lawyer is unaware of the issues involved. Unfortunately, not all criminal defendants have the money to afford "dream teams" of criminal defense attorneys.

J Cool

_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954