I remain torn about this ruling. While I don't personally have any problem with executing child molesters, I share Balko's concern with the fact that not only is our legal system seriously flawed, but there have been too many cases of false accusations to implement this right now. In the context of a system like the Mosaic Law, this would make sense, as those who are falsely accused under the Mosaic Law have far more protection than those accused under secular American law. To implement this, we would need:
- Dramatically increased penalties for perjury.
- Make it a "stop, don't pass go, lose your license to practice law" offense for any prosecutor who taints or withholds exculpatory evidence from the defense.
- Provide some mechanism where an innocent party may compel the prosecution of any government agent or witness, against a prosecutor's wishes, by proving to a judge that it must take place for justice to be obtained. Call it a Demand for Punitive Redress of Grievance or something, but a defense attorney should be able to file a court order to secure the prosecution of those that inflict injustice on their client.
Related Entries:
- Obvious flaws in our system of government
- Why felony murder rules are good laws
- You might be a sex offender...
- Why they fear the Internet
- How's this for a libertarian conundrum?
- Could the FCC's reprimand of Comcast pave the way for an Internet Fairness Doctrine?
- Our indigenous mafia
- How's this for irony?
- Film a cheerleader, go to jail?
- When the lawyers fail the police


Leave a comment