How bad should this woman suffer?

[darien87]

I think it's ridiculous hyperbole to say "complete failure of the justice system."

Since you're obviously a lawyer, what would you call a man being sentenced to prison solely on the word of a woman, a slight injustice?

 

[Serj22]

Kinda like the movie Double Jeopardy... he can't be tried/convicted of the same crime twice... but she should have to serve the sentence he was given, and not be eligible for parole or be let out early for good behavior.

We spent an entire semester during my JC years getting my A.S. L.Enforcement on how the movie "Double Jeapordy" was wrong, and that murdering someone after the fact, would in fact, be a new crime, since the first crime was tried and convicted. Just because they're not really dead, doesn't mean the new crime doesn't matter.

AS for the question at hand, if he lost 3 years in jail, he will definitly be able to file a civil claim for all the money he could have been making and all the emotional damage he suffered in prison - easy. And if she was sentenced to 3 years, you can always assume she'd get out in 1 1/2.

 

[Alex2507]

How about we forget her? She ain't got any money to pay with and might end up being deported.

I think we need to take the attorneys and judge to task on this business. Make them serve the same amount of time that the innocent guy served plus the time they spent convicting him ... like right from the moment of arrest. Make those people accountable and suddenly the legal system or system of justice isn't a freakin' game of rock/paper/scissors. Maybe lock up the arresting officers for not seeing through her crap and throwing cuffs on the guy to begin with.

 

[highfigh]

I don't know how it is down there but up here, people that are wrongly imprisoned usually get multi-million dollar settlements upon their release. I don't think that's necessarily wrong. It is the prosecutor's office that is supposed to ensure justice is done. Prosecuting this case to conviction without evidence, rape kit or DNA puts the state at some fault.

Actually, the court system is for making sure justice is done- the DA's office is supposed to look at the evidence and decide if the case warrants going to trial and then they need to make sure they get convictions. If the defense attorney sucks so bad that they don't know/bother/care to gather enough evidence to make a credible case, this is what can happen. The defense att'y seems like first week out of school, possible DeVry or ITT tech, or maybe the back of a match book cover. I would be going after everyone who made this happen- DA, defense attorney, the ***** and even the judge.

 

[lsiberian]

Actually, the court system is for making sure justice is done- the DA's office is supposed to look at the evidence and decide if the case warrants going to trial and then they need to make sure they get convictions. If the defense attorney sucks so bad that they don't know/bother/care to gather enough evidence to make a credible case, this is what can happen. The defense att'y seems like first week out of school, possible DeVry or ITT tech, or maybe the back of a match book cover. I would be going after everyone who made this happen- DA, defense attorney, the ***** and even the judge.

It's just tough luck. I imagine he had a PD not a full blown attorney.

 

[highfigh]

It's just tough luck. I imagine he had a PD not a full blown attorney.

PDs usually are full blown attorneys, at least here in MKE. They're not necessarily good attorneys, but....

The one he had was worse than the guy Joe Pesci replaced in 'My Cousin Vinnie'.

 

[Patrukas777]

I always find it incredulous when the police are so quick to judge any case with nary a hint of evidence. Any case involving a man and women and 99% of the time they will take the womens side. Take male teachers accused of raping a female student they get 15 years, yet a female teacher raping a male student and they get probation.

The Police don't judge....its an issue of he said she said. A Police Officer gets both sides of the story, takes photographs, collects evidence, and leaves the rest for the court to decide (when they are unable to disprove the alleged crime). Obviously the Police Officers involved were not on scene when this incident supposedly happened...if they had, then the crime she alleges would be unfounded, and she should be arrested for falsifying a police report.

I completely agree with the last sentence that you wrote....However, it seems like you are confusing the role of the Police Officer with that of the Court.

 

[markw]

Gotta love it.

Got this from the Examiner story:

"A specific group that specializes in exoneration projects got involved --there are several across the country. They used DNA evidence and dental records. The group here is called Exoneration Initiative. They're nonprofit. They focus on wrongful convictions in cases that lack DNA evidence.
In the fight with the girlfriend, the girlfriend bit this woman. For whatever reason, the police didn't check the bite marks. She later claimed McCaffrey had bit her during the rape. For some reason, McCaffrey's attorney didn't check these bite marks, either. Or if anyone checked the bite marks, they didn't do it properly.
Tested properly by this exoneration project, it was clear the bite marks came from a woman, not a man."

Oh well, his lawyer got paid so why should he care? It's not like he suffered any.

...and you wonder why lawyers are held in as high regard as used car selesman...

 

[chessman]

There is a significant difference between a "failure of the justice system" and the "failure of one or more participants" within the justice system. The Judge and/or the Jury is required to make factual determinations solely upon the fact record before them. The Prosecutor is required to try to convict a defendant that has been charged. But the Prosecutor is also required to turn over all evidence that might exonerate the defendant.

It is possible that the defense attorney committed malpractice - if the strategic decisions that were made fell below the established standards of practice. It is possible that the Prosecutor failed to turn over evidence that would have exonerated the defendant. It is also possible that neither did anything wrong.

It would take a considerably greater knowledge of all the operative facts to figure out where the breakdown occurred. The DNA evidence established that the defendant was innocent of the crime. But which individuals failed to do their respective duties under the system, if any, is NOT capable of being determined by that single fact.

Ironically, the "hang them all" attitude of the posts above is actually an example of the very "failure to decide on the real facts" that is complained of.

 

[Rickster71]

Good post, Chessman.
I agree, with one addition.
Many people would be surprised to realize how much influence that political correctness, and politics has in the entire process.

 

[gholt]

As bad as our justice system is at times, I would rather be tried here than many other places in the world.

 

[highfigh]

How about we forget her? She ain't got any money to pay with and might end up being deported.

I think we need to take the attorneys and judge to task on this business. Make them serve the same amount of time that the innocent guy served plus the time they spent convicting him ... like right from the moment of arrest. Make those people accountable and suddenly the legal system or system of justice isn't a freakin' game of rock/paper/scissors. Maybe lock up the arresting officers for not seeing through her crap and throwing cuffs on the guy to begin with.

She proved that she can't be trusted and since she committed a crime, she should either be deported or made to help INS find illegals.

The lawyers and judge need to be officially sanctioned for not performing at a professional level. Maybe they'll get the message by making them hand over three years' pay.

 

[highfigh]

As bad as our justice system is at times, I would rather be tried here than many other places in the world.

Hell, yeah!

 

[darien87]

There is a significant difference between a "failure of the justice system" and the "failure of one or more participants" within the justice system. The Judge and/or the Jury is required to make factual determinations solely upon the fact record before them. The Prosecutor is required to try to convict a defendant that has been charged. But the Prosecutor is also required to turn over all evidence that might exonerate the defendant.

It is possible that the defense attorney committed malpractice - if the strategic decisions that were made fell below the established standards of practice. It is possible that the Prosecutor failed to turn over evidence that would have exonerated the defendant. It is also possible that neither did anything wrong.

It would take a considerably greater knowledge of all the operative facts to figure out where the breakdown occurred. The DNA evidence established that the defendant was innocent of the crime. But which individuals failed to do their respective duties under the system, if any, is NOT capable of being determined by that single fact.

Ironically, the "hang them all" attitude of the posts above is actually an example of the very "failure to decide on the real facts" that is complained of.

Not bad for only having 2 posts. What are you gonna do for an encore?

Maybe you should just "Costanza" and leave on a high note.

 

[rnatalli]

She should serve the same amount of time as her victim and then be deported. Simple...

 

[haraldo]

There seem to be a problem that's more or less the same anywhere in the civilized (and uncivilized world too, for that sake)

If somebody, like a judge, lawyer eprforms the duties at a non-professional level, he is not made responsible for this mistake, although, to some extent this is different in US compared to other countries I reckon, especially when it comes to the medical system...

Where has the defence attourney been in this case, has he even bothered about the case at all

Where has the judge been in this case, has he even bothered about the case at all

Both of these must have been totally away or at least showing severe neglectance, they should be held responsible in some way, either by losing their jobs or getting severe penalties, or both

When somebody obviously derails totally, and shows strong neglection of duty, he must pay somehow.....