Where's the justice?

[MarkC]

Thursday, Robert Clark was released from prison, where he had been for the past 24 years after being convicted of a rape that he didn't commit. He was ID'd as the rapist and sent to prison, but now DNA evidence has shown him to be innocent.
So...what happens now, they just say "Sorry about that" and let him out? Two decades of his life were taken from him.
I don't know how this works, but doesn't somebody owe this guy something more than an apology? What do they in cases like this? Is there any contingency for helping people in situations like these, or will he have to sue somebody?

 

[Pablo]

Gotta sue their wh!te ***es

The real problem is how rich the lawyers will get when this poor guy gets his $1200 check.

Thank science for DNA testing - but really MarkC there are guilty people in prison, like it or not. And a bunch walk free....to repeat their repugnant crimes against true innocents, victims who could be my wife and daughters.

The wife of the cop shot south of Seattle comes to mind.....NOT the guy saying "he didn't mean to" in court yesterday....(who got only 30 years!!! - the death penalty does WORK) What about the guy sentenced to death after the nasty rape, electrical torture and murder of a teenage girl - confessed it every detail, confirmed with DNA and box loads of hard facts? He'll walk on a technicality in jury selection - the case was just overturned by the silly 9th. You are correct - no justice - just ask that girl's family.

 

[ekpolk]

Posted by Pablo:

quote:

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The real problem is how rich the lawyers will get when this poor guy gets his $1200 check

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OK Pablo, this is a site on which we pride ourselves upon backing up our claims and statements with facts. So please lets see your facts and math to back that up. Maybe I need to go start another Pennzoil sludge thread, or better still, one about Amsoil marketing. . .

Second, the "walk" you refer to is a "reversal" of a judgment which, when it happens on an error in something like jury selection, results in a NEW TRIAL, not an automatically free crook. Sure, he'll get another chance at an acquittal, but if the evidence is that strong, we've got little to worry about. "Double Jeopardy" does not bar the state from retrying a convict who has asked for, and receives, an order from a higher court directing a new trial.

And just how are the rules that ensure we get a fair jury "technicalities"? I do find it amusing how people's "technicalities" of today suddenly become their "sacred rights" as soon as they find themselves in trouble. . .

 

[GROUCHO MARX]

I saw this story on the news. I had tears in my eyes when I saw the lack of anger in Mr. Clark's face. At the moment, he's just happy to be released. I'm guessing the anger will come later. I'm also guessing he will have to sue to find some form of remedy.

 

[ekpolk]

Excellent point, Groucho. Our society, through our wonderful legislators, refuses to create a system to automatically and fairly compensate guys like this. Then, we act all astonished and dismayed when -- heaven forbid -- they go find themselves a good lawyer. Gee, what an outrage that is!

 

[Pablo]

OK sorry again about this thing with lawyers. My big mouth. Of course I made the $1200 up as a crazy number. BUT - Let me pose it this way. Let's say an honest, hardworking lawyer (or team) takes this guy's seeming very legitimate case. He sues the appropriate agencies (yes plural). I will not deny this alone is an uphill huge battle - time, money, etc will be staggering. He wins $10,000,000 (just to have a round number). What could he actually pocket? Highly speculative and so many variables - but I want to know.

Let me tell you I'll be the first to say the system failed this guy - I don't know if he had poor legal defense, he was railroaded, dunno - but it sucks. It could happen to anyone - but people who can't afford a killer legal team (no pun intended) seem to suffer the most.

As for some recent technicalities - they no longer are in the interest of justice for anyone. My main issue - honestly - is the justice for relatives of the dead people in Washington state from criminals who indeed walked out....and the most amazing thing is the short elapsed time until they killed again - one guy went directly to an unfinished victim and killed her with a day or two of release. This is NOT an accident of our system - this really is a purposeful backlash and an over swing from cases such as the sad case of Robert Clark.

Lawyer rant mode - OFF

 

[Al]

We have the most perfect system considering everything. Sure its bad that an "an apparently not guilty person" was convicted. And bc of this the many do-gooders who expect a perfect Walgreen world" are having a cow.

Our system requires such a burdon of proof to convict someone. And then we send them to prisons that are an upgrade for most people in the world and many in this country. Because of all this..many criminals are sent free to maime, rape, and kill again....Funney that the do-gooders never seem to have a problem with this.

Don't worry about this guy..there are lawyers 10 deep to get him more money ahan any of us on this board will ever see.

I wonder how this DNA actually proved him "not guilty" If I were a betting man I'd still bet he was guilty.

 

[MarkC]

There are indeed guilty people in prison, and there are those who get out and commit more crimes. But there are people like Mr. Clark, who is innocent, and put away based mostly on the word of a victim, who was obviously either mistaken, or was lying.
Guess somebody had to get convicted, after all, and you know those black guys, they all look alike, right?
Clark shouldn't have to sue anybody. The system that stole 24 years from him should do it's best to give him compensation, and though money alone wouldn't make up for the lost years, it would be a start.
The death penalty works in a limited fashion, in that it prevents individual people from committing the capital offense again, but it doesn't seem to be deterring people from committing the crimes.

But I'm getting off my point, which is that this guy deserves something from the society that wrongfully imprisoned him.

 

[Al]

Quote by Mark:Al, are you kidding? Would you like to spend 24 years of your life in "good living conditions" etc. instead of being free?

Of course not. Whats that got to do with my philosophy? I never said it wasn't a bummer and I never said I'd be happy if it happened to me.

 

[PandaBear]

Like it or not, innocent people got thrown in jail and criminal walk free in every country. It is impossible to achieve 100% justice but at least we tried.

The true difference, IMO, is a good country don't throw people in jail because they are not willing to be a yesman with the government, or be part of the corruption with the government. Those were political prisoner of the so called "treason" or "threat to national security".

Now come to think of it, we are not all that better compare to some other countries.

 

[Win]

: Now come to think of it, we are not all that better compare to some other countries. [end quote].

That is just wrong.

We have strict constitutional protections against charges of treason. Our judicial system is not perfect, speedy, nor inexpensive, but it is by far the best anyone has ever come up with.

 

[Huhwhye]

Chances are he will get nothing. I don't know what State this is in but most states don't consent to be sued. Yup, that's right they have to consent to be sued. CA usually allows it, but many states don't.

This happens too often, this is an extreme case. But its a fact of life that people go to jail for things they didn't do. Usually they are only held for a short time and are eventually freed. But sitting in jail for a few months while it all gets sorted out can cost you a job, house, and your family. There is no compensation in those cases. I work at a courthouse and see it everyday. L.A. County jail is worse than prison. Not exactly "good living conditions", and nothing like what you see on T.V. much much worse.

All it takes is an accusation, and off to jail you go. I've seen ex-girlfriends accuse men of robberies and other crimes to get back at them, and deny they knew him from before. Then 6 months later when they figure out it was a lie they say "sorry pal". Nothing happens to the accuser in those cases.

 

[GROUCHO MARX]

O.J. Simpson. (EOM)

 

[Steve128]

Gosh PandaBear what a quote:

quote:

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Now come to think of it, we are not all that better compare to some other countries.

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Please enlighten me and others with your insight! I await your reply.

Thank you.

 

[Huhwhye]

In response to Al's comment about the U.S. not having a death penalty.

Death Penalty rankings by number of executions annually
1) China
2) Saudi Arabia
3) Iran
4) United States

We have it, and we are in good company.

 

[SKUNKY]

I'de like to see Mr. Clarks rap sheet..do ya think they picked him up on the way to Sunday school???

 

[MarkC]

It doesn't matter if his rap sheet is as long as his arm, or if he even has one. He didn't do the crime he was accused of and convicted of, and didn't deserve to go to prison for 24 years.

 

[ekpolk]

Posted by Skunky:

quote:

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I'de like to see Mr. Clarks rap sheet..do ya think they picked him up on the way to Sunday school???

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So let's see if I've got this straight -- if you're thought to be a shady character in the first place, hey, it's OK to erroneously lock you up for a quarter of a century even if you really didn't do the crime???

 

[PandaBear]

Examples:

the "insurgents" we are holding in camp X-Ray.

To make things politically correct/equal between the left and the right:

Tom Delay's charges of the way he handle political contribution, IMO, is political related.

 

[GROUCHO MARX]

Just a guess here, more guilty people walk in our system of justice than any other place on the face of the Earth.

Again, just a guess.

This doesn't make up for what happened to Mr. Clark.