Wednesday, November 4, 2009

There is no constitutional law against being framed

"THERE IS NO Freestanding Constitutional 'Right Not To Be Framed.' " So states a brief filed by Iowa prosecutors hoping to persuade the Supreme Court to dismiss a lawsuit against them for allegedly fabricating evidence that led to the 25-year incarceration of two innocent men.

The attorney for the prosecutors maintain that there is no way for the judicial system to separate what was done pre and post trial and precedent was set by the Supreme Court that gave prosecutors full immunity from being sued.  The attorney for the prosecutors also believed this should apply to them and the police even during the investigation. 

There are so many things wrong about that statement I don't even know where to begin. I have been wrongfully accused before and even being someone with a good upbringing and privilege (i.e. money to hire a very good attorney) I can very easily see how manipulative those police and detectives can be.

Most of the detectives are not very highly educated and have a chip on their shoulder.  A lot of the prosecutors are not from the best law schools either or the "shining star" of their class.  If you wish to understand their mentality, just read 'Bonfires of the Vanities'.  Most individuals this day and age would not becomes public prosecutors unless they really have no other option.  Sadly, the very item we are so proud of as Americans is now riddled with corruption and the worst examples of our society. 

These individuals also very often manipulate, lie, and straight out pressure witnesses to give statements that collaborate with their evidence, even though these statements may be straight up lies.  As long as they are not recorded, they believe they can get away with it because ultimately it's your word vs. theirs.  In other words, this isn't an one off occurrence, and it is very common practice among detectives and prosecutors to fabricate and create a storyline to convict whomever they have chosen.  If you do not believe that is the case, then why did ALL the witness recant their statement once it was found out that the man was innocent?  The same thing happened in my scenario when the detectives and prosecutors realized that they have to directly deal with my attorney.  The witness in their case obtained an attorney as well.  Miraculously where they claim they had all the evidence in the world they now completely dropped the case.

I strongly believe that prosecutors and detectives should be 100% liable for what represent in court, before or during the trial.  If they knowingly represent false evidence and testimony to convict an innocent individual, they should be ready to reap all of the pain of the judicial system they help create and represent.

I'm glad this glaring issue has finally been brought into the spotlight.  It's very obvious to me that we need to completely revamp the judicial system so everyone accepts their responsibility.  We no longer can have the police, detectives, and prosecutors acting until a vale of immunity and carelessness. 

Source, and here.

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