Problems in Trials: Eyewitness Misidentification and Legal System Analysis
Explore the complexities of eyewitness misidentification and the disturbing statistics behind murder convictions, shedding light on the flaws in the legal system and the struggles faced by the innocent in the judicial process.
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Convicting the Innocent, Ch 6 - Problems in the Trials Announcements: Brandon Garrett sends his regrets Videos and links on class web site about VA, AZ death row Also 3 scheduled executions the other day, just one carried out Please read and / or view these for Wed and we will discuss Final exam format: mostly multiple choice, some very short answers and ID s Feedback from students who went on the prison visit last Friday. Questions before we start? Catch-up from last time: From slide 12, eyewitness ID gone bad Baumgartner, POLI 203, Spring 2018
Special guest by phone, in class, end of March (date TBA), Lyle May He will call in, answer your questions. Give questions to your TA in class this week. I will compile them on Friday and send them by US postal mail. Some writing by or about Lyle May https://www.scalawagmagazine.org/2017/07/beyond-the-wall/ http://www.newsobserver.com/opinion/op-ed/article10063529.html https://www.insidehighered.com/news/2017/12/21/inside-death-row-inmates-campaign-prison- education-reform Baumgartner, POLI 203, Spring 2018
From last time Lying on the stand (last two slides from last Wednesday) Video about Alford pleas on web site (Let s look at this today, and if we don t have time, make sure you watch it before Wed.) Baumgartner, POLI 203, Spring 2018
If you are on trial, are you guilty? NC Admin office of the Courts data 13,000+ murder charges, first degree and second degree Over 1,000 cases per year from 1980 to 2008 (I have not yet updated, but the trends are likely similar today.) Baumgartner, POLI 203, Spring 2018
Just 26% even plead not guilty -> tabulation of plea PLEA | Freq. Percent Cum. ------------+----------------------------------- GL | 7,190 54.02 54.02 GU | 1,966 14.77 68.80 NC | 336 2.52 71.32 NG | 3,468 26.06 97.38 OT | 349 2.62 100.00 ------------+----------------------------------- Total | 13,309 100.00 Baumgartner, POLI 203, Spring 2018
79 percent found guilty, 15 more guilty of lesser charge. Not guilty: 4.35 percent, just 573 people -> tabulation of verdict VERDICT | Freq. Percent Cum. ------------+----------------------------------- GL | 1,918 14.55 14.55 GU | 10,419 79.06 93.61 JA | 1 0.01 93.62 NG | 573 4.35 97.97 NP | 3 0.02 97.99 OT | 248 1.88 99.87 PC | 3 0.02 99.89 PJ | 8 0.06 99.95 VD | 1 0.01 99.96 WP | 5 0.04 100.00 ------------+----------------------------------- Total | 13,179 100.00 Hold on, that means that 79 + 15 percent of those charged with murder are found guilty: 94 percent Odds of being found guilty, given that the state charged you with murder: 94 percent!!! Baumgartner, POLI 203, Spring 2018
Offense code 930: unspecified murder 6,471 charges 3,648 plead guilty to lesser. 83% found guilty, 15% guilty of lesser 906 plead guilty. 92% found guilty. (8 percent guilty of lesser!) 1,603 plead not guilty. 74% guilty, 7% GL, 18% NG Baumgartner, POLI 203, Spring 2018
Offense Code 935, 1st degree murder 5,074 cases 1,461 plead NG; 10% GL, 77% G; 13% NG Offense Code 940, 2nd degree murder 1,630 cases 382 plead NG; 12% GL, 65% G; 21% NG Baumgartner, POLI 203, Spring 2018
So, your chances at trial are not too great. In fact, they look really bad indeed. Odds of conviction, pleading NG: about 80 percent Others, knowing that, plead guilty to lesser or plead guilty Overall, 95 % of those charged with murder are found guilty Baumgartner, POLI 203, Spring 2018
Why is everyone guilty? Prosecutors / investigators rightly target only the guilty? Trials make it hard to sustain the presumption of innocence? Garrett s focus is on the second part. What are some of the reasons for that? Baumgartner, POLI 203, Spring 2018
Some arguments that are hard to make My experts are better than the state s experts State s experts seen as neutral , often work for the SBI Most defendants in the study presented no experts Judge often has to approve spending the money. Considering that 95 percent of people are guilty, why would he waste taxpayer funds My alibi is rock solid I was sleeping in my bed at my mother s house Would a family member lie for you? Can you prove it beyond the word of a family member? Baumgartner, POLI 203, Spring 2018
Arguments to save your neck (continued) Some Other Dude Did It (SODDI defense) The state says you did it. Is it your job to find the culprit / solve the crime? (It would work out better for you if you could solve the crime.) Claiming innocence on the stand Simply put, you have incentive to lie, and the jury knows it. I need a better lawyer Judge must approve Baumgartner, POLI 203, Spring 2018
Problems with trials Constitutional right: a fair trial Note: not a perfect trial Also note: if your lawyer has the opportunity to raise and issue, but chooses not to, that is fair. It could be that he / she makes a mistake, and you pay for it, but it was a fair process. Discussion / questions about that? Baumgartner, POLI 203, Spring 2018
