Military
Defense Lawyer (Former JAG Attorney) News:
An
all too familiar story…
“DNA evidence exonerates 300th prisoner nationwide”
by
In
this news story, the reporter details how this was the 300th DNA
exoneration of innocent men imprisoned for crimes they did not commit. 18 of these men were on death row, waiting to
be put to death for something they did not do.
The news story goes on to describe how “last Monday, John Edward Smith was released from a Los
Angeles jail nearly two decades after he was wrongfully imprisoned in
connection with a gang-related shooting.
In August, Chicago prosecutors moved to dismiss murder charges against
Alprentiss Nash 17 years after he was convicted of a murder that recent DNA
tests indicated he didn't commit. Earlier that month in Texas, David Lee
Wiggins was freed after DNA tests cleared him of a rape for which he had served
24 years.”
What
can we take away from this?
-
The system doesn’t always get it right
-
Innocent people do get convicted of crimes they didn’t commit
-
Allegations and charges are not always true and accurate
-
Innocent people can and do falsely confess to crimes they didn’t commit when
confronted
by
manipulative and pressure laden police interrogations
For
those of you who are quick to judge and to jump to the conclusion of guilt,
maybe you should withhold your judgment.
For those “talking heads” in the press who jump on the “of course he’s
guilty” parade, maybe you should reevaluate your perspective. For those of you who say “I would never
confess to something I didn’t do” or “just because he didn’t do this, I’m sure
he’s committed some crime”…wake up!
You can’t
imagine the pressures experienced by the falsely accused. You can’t understand what it’s like to
undergo a police interrogation – often by an experienced law enforcement officer trained in
interrogation tactics and techniques meant to confuse, increase pressure, and
psychologically manipulate subjects into making incriminating statements or
confessions. As criminal defense
lawyers, we frequently hear the question “How Can You Defend Them?” I addressed that misguided question in blog posts
back in 2007:
Here
are some other blog posts addressing DNA exonerations:
I
(attorney Richard V. Stevens, Military Defense Law Offices of Richard V.
Stevens, P.C.) first dealt with the issue of false confession in a military
premeditated murder court-martial case nearly two decades ago. Since that time, I have defended many other
cases in which false confession and military law enforcement interrogation
methods were issues. I am invited to teach/lecture
at military defense lawyer conferences about the interrogation tactics of AFOSI,
CID, NCIS, CGIS and false confessions in the military justice system.
The
Air Force now requires that subject interrogations be recorded. It took ages for them to wise up to the need
for this safeguard. Sadly, other service
branches have not followed suit. What
happens behind the closed door of the police interrogation room cannot truly be
known and evaluated without a recording.
Failing to record interrogations is most often a strategic decision that
allows the law enforcement officer to describe what supposedly occurred during questioning and the
prosecutor can then hold that officer out to the jury as unimpeachable. If the defendant dares to dispute the officer’s
description of the interrogation, the prosecutor can argue the defendant has
everything to lose in the case, so of course the defendant would lie about what
happened in the interrogation to try to “get off.”
The
military justice system and the civilian criminal justice system is made up of
people. People have motives and
ambitions and prejudices. Those people
include prosecutors and law enforcement officers. If you blindly believe in the truth and
accuracy of anything on a criminal charge sheet or emanating from the mouths of
prosecutors or police, you grant them the opportunity to convict and jail
innocent people – who could one day be you or a family member. As a society, we always need to look for ways
to improve the criminal justice system, make it more fair and make it more
transparent. We are, after all, a
society that values truth, justice, and freedom…..
For
more information about defending military court-martial cases and adverse
administrative and disciplinary cases, please see our blog: http://militaryadvocate.blogspot.com/
By:
Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Blog
postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are
former active duty military lawyers (JAG). Our perspectives and advice,
therefore, are based upon our experience as military defense lawyers and as
civilian criminal defense lawyers practicing exclusively in the area of
military law and military justice. This blog addresses issues in military law,
military justice, military discipline, military defense, court-martial
practice, the Uniform Code of Military Justice (UCMJ) and other military and/or
legal topics. Nothing posted in this blog should be substituted for legal
advice in any particular case. If you seek legal advice for a particular case,
please contact The Law Offices of Richard V. Stevens and The Law Office of
Frank J. Spinner for a free consultation. These military defense law offices
are located in Colorado Springs, Colorado and Southern New Jersey, but the
military defense representation is worldwide – when necessary, the attorneys
travel to wherever the client is stationed.
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