Without most of us even realizing, prosecutors frame people for crimes all the time. They indict people for crimes that they haven't committed. Some of these mistake convictions result in prison time, life time prison time, or even death in a few cases. I'm having a hard time believing that there actually isn't a law against framing. So many wrongful convictions have happened in our justice system and if they are found out to be a mistake, the only thing that happens is that the accused gets released. They get nothing for the time they spent in prison. They most likely have lost their jobs, family, and friends and they get nothing in return for these losses. I believe this is a huge hole in our justice system making it somewhat unjust in a sense. Who knows how much this actually happens? Most of the wrongfully accused probably never even get their case discovered.
We need to be aware that a prosecutors job is to win the case he or she is assigned to. Regardless of the situation, as many attorneys have admitted to me before, it is their job to win the case and prosecute the criminal. On the other hand, I have spoken to a few defense attorneys that actually defend a criminal knowing very well that they have committed the crime. It is the attorneys job to prosecute or defend regardless of the situation. I believe this needs to be closely monitored and looked at because it could kill the credibility of what we call "justice" in the United States.
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It is true that the defense attorney's main goal is to defend his or her client even if they know that they are guilty. But, it is expressed in the Constitution that the accused does have a right to counsel. Also, prosecutors are judged on their conviction rate, which also indicates that they are more focused on winning cases and may not be particularly concerned with justice. And with the amount of cases that reach courtrooms everyday another goal of defense attorneys, prosecutors, and judges are to move cases. By moving cases it is hard to put the accuser’s best interests at hand to negotiate the right sentence. I think our justice system does need to be cleaned up a bit in order to make sure everyone's rights are being observed correctly.
ReplyDeleteI agree with Jess in that our court system is so backed up and crowded that it would be impossible for every single case to get the attention it deserves. It sounds terrible to say that some people do not get a fair trial but it is the truth. I feel that politics play too big of a role in the criminal justice system and that it is hindering what we consider justice. However, there is no easy solution to this problem so I do not see any resolution in the near future.
ReplyDeleteWell I think that the best argument against laws against framing is that the prosecutors "genuinely believe that they are defending the truth." While this may not always be true- as long as the prosecutor doesn't submit false testimony or evidence- he is not really committing a crime. If someone who is innocent is convicted, and then later the conviction is repealed because they are discovered to be innocent- this is generally because they have found more information that has proven someone else to be guilty- and thus justice is still served.
ReplyDeleteI see what you are saying about lawyers and their lies. I believe there are situations where they lie in order to gain themselves some money and status. There is definitely a hole in our system where people get tried and punished for crimes they never committed but at the same time, people get out of crimes they actually did commit all the time. I don't think they are out to "frame" anyone, but I do think that they are out to help themselves out sometimes.
ReplyDeleteI think it should be illegal to frame someone. This happens very often even in our advanced and so called “just” legal system. There are often times when someone needs to be convicted and punished simply to satisfy the public and make it appear that justice has prevailed. This has been the case with many innocent people who were put on death row due to faulty investigations.
ReplyDeleteI don't know if what prosecutors do necessarily counts as framing someone. It's their job to take the evidence presented at a trial, and convince the jury to draw a conclusion from it. Although it's a fine distinction, I think that framing someone implies they're innocent whereas a prosecutor HAS TO assume that person is guilty.
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