Jonathan Fleming, convicted in ’89 death despite vacation alibi, freed – CNN.com

Does anybody else see the failure in our justice system, to resolve the crime committed, or put an end to the subsequent crimes committed?

Jonathan Fleming, convicted in ’89 death despite vacation alibi, freed – CNN.com

 

Most of the people having their convictions overturned are getting them overturned because either a cop or an Officer Of The Court committed a wrong during the investigation/trial of the accused. This means that somebody that has a fundamental responsibility to protect our Constitutional Rights has intentionally chosen not to do so.

Now if you take into consideration the time elapsed in these cases, most do not get resolved and overturned for 15 to 25 years. Well by that time not only has the wrongfully incarcerated lost a significant portion of his life to a crime he did not commit, but by that time there is usually nobody to take responsibility for the wrong committed which got the accused incarcerated. Most cops are retired or have moved on to another life. As many are in their middle years when they become involved in such cases, some may actually be deceased.

This leaves a man kidnapped unethically from his home and held against his will for a long time, that was not guilty of the crime he was charged and incarcerated for. It also means that in addition to the system failing to protect the incarcerated persons Constitutional Rights, the person that committed the crime is still on the streets, likely committing additional crimes and posing a threat to society as a whole.

Thus nobody is held responsible for either the original offense, nor for the Constitutional Rights violations of the person incarcerated. In many of these cases there is a specific person that has violated the law causing the falsely accused to be  found guilty of the crime. This is not how the American Justice System is supposed to work. Cops and Attorneys are not supposed to break the law by omission of information, provision of false information, nor failure to disclose the information as required by law. If one of these people does such, they in fact have committed a crime leaving the criminals setting up innocent people to take the fall for crimes of others. Our justice system is supposed to let the guilty go free rather than send an innocent man to prison for a crime he is not guilty of. Nothing in our justice system provides for cops and a5ttorneys to violate the law simply to clear cases.

The first and foremost responsibility of any police officer, district attorney, and/or judge is the preservation of our Constitution Rights. And, any of those charged with such responsibility need to be held accountable for their failure to do so. I mean they need to be charged and brought before the Court, before the man/woman they set up to be incarcerated, and answer for the crimes they have committed. You may not see the significance of this issue . . .

Say Officer Smith fails to disclose information that demonstrates a man innocent of a crime, and the man convicted for a crime he did not commit. Do you really believe that this is a one time event? I would believe that if Officer Smith allowed the violation of one persons Constitutional Rights, he likely violated many peoples Rights. Now, say Officer Smith makes 2 arrests per day on duty. Based on a 22 day work schedule per month, Officer Smith may have arrested 44 people per month, or up to about 484 per year less time of for sick leave and/or vacation. Officer Smith has been working for the Police Department for close to 20 years. Even if he has only allowed the violation of 1/10th of those he has arrested, Officer Smith has committed wrongs under color of authority and got away with doing so for most of his career in law enforcement. Just think, did Officer Smith pull you or one of your kids over at any time during the past 20 years?

There has to be some changes made to our justice system, ensuring all information relative to a case is brought before the Court. And, when it has been intentionally disregarded by a person that has responsibility of seeing the information brought before the Court, that person needs to be held accountable. And, this needs be done early in the case, not 15 to 25 years later. And if a cop dirty, he goes to jail for it.

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