It's time to bring the death penalty back!
- Thread starter Simpleton
- Start date
How would these Guy's fit in? A Jury can only base their decisions on the information
that they're given.
CBC News - Canada - Canada's wrongful convictions
that they're given.
CBC News - Canada - Canada's wrongful convictions
Your jury made up of only people who believe in the death penalty, or a jury made up of ordinary people?
You've suddenly decided that, despite the evidence of people wrongfully convicted when they were innocent, that the same jury would magically be capable of deciding on whether or not to apply the death penalty, based on the same evidence.
Crown Prosecutors routinely (& illegally, I might add) withhold evidence from
being presented so as not to have to divulge it to a Defense Council. When I
stated "(& illegally, I might add)" I was thinking specifically about Victim Impact
Statements that are either edited or tossed out by a Crown Prosecutors without
a Judge ever seeing them. In our Justice System, this isn't suppose to happen.
Jury's can only factor in the evidence they know about. Many times withheld
evidence can clear a Defendant or have the case dismissed outright. I think the
Clifford Olsen's & Robert Picton's are outweighed by the David Milgaards....
You should see the trail that just one Crown Prosecutor (over time and in spite
of relevant evidence) can leave....check out Serge Kujawa.
injusticebusters 2006 > > Serge Kujawa -- still expressing the view that the justice system should be a closed shop
being presented so as not to have to divulge it to a Defense Council. When I
stated "(& illegally, I might add)" I was thinking specifically about Victim Impact
Statements that are either edited or tossed out by a Crown Prosecutors without
a Judge ever seeing them. In our Justice System, this isn't suppose to happen.
Jury's can only factor in the evidence they know about. Many times withheld
evidence can clear a Defendant or have the case dismissed outright. I think the
Clifford Olsen's & Robert Picton's are outweighed by the David Milgaards....
You should see the trail that just one Crown Prosecutor (over time and in spite
of relevant evidence) can leave....check out Serge Kujawa.
injusticebusters 2006 > > Serge Kujawa -- still expressing the view that the justice system should be a closed shop
Each case has to be decided on it's own merits and a lot ,maybe most would be inconclusive- no argument from me BUT you have a case where a guy is on camera, raping and murdering a child, the child's blood is all over him and the D.N.A. of body fluids found on the deceased matches the accused. What then?
Which all might reinforce the opinion (mine) that the "system" has "evolved" (or perhaps degenerated would be a better choice) into a big game. Truth? I think that's the last thing in the sights of the main players.
It's the slippery slope thing....& I'll use Tasers as an example.
Tasers have their real & legitimate place, but once in the toy box they're used on
pregnant women and children and senior citizens and those non-criminals that
refuse to follow an illegal command by a Law Enforcement Officer and and and...
'cuz Pandora's Box was opened.
It's the same type of situation here with the Death Penalty. There's a guy in one of
the LINK's above who was convinced on circumstantial evidence, & three hairs found
in his van belonging to the murdered person. Years later the hairs where retested &
found not to belong to the Victim. Whoops...
Kyle Unger
In June 1990, Brigitte Grenier died near Roseisle, Man., where she was attending
an outdoor rock concert. The 16-year-old was beaten, strangled and sexually mutilated.
Kyle Unger and another man, Timothy Houlahan, were convicted of first-degree
murder in connection with her death in 1992. Houlahan was released on bail after
the Manitoba Court of Appeal overturned his conviction in 1994, and he committed
suicide later that year.
Unger's initial appeal, meanwhile, was rejected and his application for a Supreme
Court of Canada appeal was denied. But in 2004, new DNA testing suggested a
strand of hair found at the scene of the crime and originally used to convict Unger
did not come from him. He was granted bail in November 2005.
Then in March 2009, federal Justice Minister Rob Nicholson announced that a new
trial had been ordered. Unger's lawyer said at the time that police and prosecutors
kept evidence from the defence during the original trial and used a jailhouse
informant who was not credible.
The Manitoba Crown ultimately decided that it did not have enough evidence for a
retrial. In October 2009, a Manitoba court acquitted Unger and he walked away a
free man.
"Finally," a smiling Unger told reporters outside the courthouse. "It's still surreal, almost."
or....
James Driskell
In June 1990, Brigitte Grenier died near Roseisle, Man., where she was attending
an outdoor rock concert. The 16-year-old was beaten, strangled and sexually mutilated.
Kyle Unger and another man, Timothy Houlahan, were convicted of first-degree
murder in connection with her death in 1992. Houlahan was released on bail after
the Manitoba Court of Appeal overturned his conviction in 1994, and he committed
suicide later that year.
Unger's initial appeal, meanwhile, was rejected and his application for a Supreme
Court of Canada appeal was denied. But in 2004, new DNA testing suggested a
strand of hair found at the scene of the crime and originally used to convict Unger
did not come from him. He was granted bail in November 2005.
Then in March 2009, federal Justice Minister Rob Nicholson announced that a new
trial had been ordered. Unger's lawyer said at the time that police and prosecutors
kept evidence from the defence during the original trial and used a jailhouse
informant who was not credible.
The Manitoba Crown ultimately decided that it did not have enough evidence for a
retrial. In October 2009, a Manitoba court acquitted Unger and he walked away a
free man.
"Finally," a smiling Unger told reporters outside the courthouse. "It's still surreal, almost."
or....
James Driskell
Perry Harder of Winnipeg had been shot several times in the chest in September
1990. Driskell — his friend — was convicted and sentenced to life in prison a year
later.
The RCMP said three hair samples found in Driskell's van were Harder's, and that
evidence convicted him. Later test results from the U.K. found none of the hairs
belonged to Harder.
Driskell was granted bail in November 2003. The federal justice minister at the
time, Liberal Irwin Cotler, quashed the conviction and ordered a new trial in
2005. Despite that, the Manitoba government opted to stay the trial and end the
case without exonerating Driskell. It also called for a public inquiry into the case.
The inquiry's final report, released in February 2007, said the jury in Driskell's trial
was "seriously misled" on issues including the reliability of a key Crown witness. The
report also said the failure of the Crown to disclose information to the defence was "careless indifference."
This sort'a thing happens more often than most of us would believe.
1990. Driskell — his friend — was convicted and sentenced to life in prison a year
later.
The RCMP said three hair samples found in Driskell's van were Harder's, and that
evidence convicted him. Later test results from the U.K. found none of the hairs
belonged to Harder.
Driskell was granted bail in November 2003. The federal justice minister at the
time, Liberal Irwin Cotler, quashed the conviction and ordered a new trial in
2005. Despite that, the Manitoba government opted to stay the trial and end the
case without exonerating Driskell. It also called for a public inquiry into the case.
The inquiry's final report, released in February 2007, said the jury in Driskell's trial
was "seriously misled" on issues including the reliability of a key Crown witness. The
report also said the failure of the Crown to disclose information to the defence was "careless indifference."
This sort'a thing happens more often than most of us would believe.
Ron, those that su[pport the death penalty don't give a rats ass about the potential for innocent p[eople to be put to death.....the attitude is "oh well, such is the cost", nmuch the same attitude that people have for when innocents are killed in war "oh well, such is the cost"....... at least that is their attitude when the ones being killed are not their own.
The part where there is no possible way that anyone could make a mistake or be incompetent anywhere along the chain of evidence and analysis.
I know that in your world, there has never been a single analyst, expert witness, police officer, or crown prosecutor who has ever made a mistake, fudged evidence, or simply been incompetent.
I realize that in your world, there has never been, say, any medical professional who decided that any child who died had been killed by its parents, and therefore convicted dozens of innocent, grieving parents.
It must be wonderful to live in such a perfect, self satisfied, smug universe. Let us know when you grow up and open your eyes. It'll be fun to watch.
DNA evidence can easily be planted at the scene of the crime, Risus. All it needs is one clever murderer or one crooked cop. DNA evidence is not foolproof, it is not the magic bullet as some seem to think.
Why would you ask why I think D.N.A. is present only in semen? OF COURSE I know it's present in the other things you mention. Could you please just answer my question? Of course I know there are instances where D.N.A. could be planted. In the case of semen on a child's genitalia (germaine to crimes of pedaphilia) how could it be "planted"?
Hmmmmmmmmm, so you are tellling me that a completely innocent person would plant his semen to lead the investigation away from the real perpetrator?????????