Convicting the Innocent Ch 6 Problems in the
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/article 10063529. html • https: //www. insidehighered. com/news/2017/12/21/inside-death-row-inmates-campaign-prisoneducation-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 • 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 • 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 • ------+-----------------Baumgartner, POLI 203, Spring 2018 • 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!!!
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, 1 st degree murder • 5, 074 cases • 1, 461 plead NG; 10% GL, 77% G; 13% NG • Offense Code 940, 2 nd 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
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