The abuse of the legal system by prosecutor Mike Nifong in North Carolina is not an isolated case, as Jonathan Turley shows in today’s Washington Post, “Lots of Prosecutors Go Too Far. Most Get Away With It.”
Prosecutors are sworn to protect the rights of the accused as well as the accuser, to refuse to pursue cases that would not serve the interests of justice. Yet in today’s environment, it appears that prosecutors can never be too tough, the way models can never be too skinny.
It is a serious blemish on the American criminal justice system that too many prosecutors abuse their power, and get away with it.
I have just published my 2nd novel, A Good Conviction, which features a detective from Manhattan North Homicide working to untangle what appears to be a wrongful conviction in a high profile Central Park murder, brought about by a prosecutor who knew the defendant was actually innocent and hid the exculpatory evidence that would have led to a not guilty verdict.
Several prosecutors and appeals attorneys helped me with the legal aspects of a Brady appeal in New York State, and all of them agreed that what I portrayed was both realistic and all too possible.
If you go to my amazon.com page …
http://www.amazon.com/Good-Conviction-Lewis-M-Weinstein/dp/1595941622/ref=sr_1_1/103-7341421-1865416?ie=UTF8&s=books&qid=1180587686&sr=8-1
… you can learn more about my novel and others’ reaction to it.
LEW WEINSTEIN
Thanks for the plug Lew…
I disagree with your earlier post in regards to Nifong’s imagine being plastered all over the media. I think it’s important for people to see the M. Nifong story everywhere. Everytime I see the media discuss the consequences of his actions, I can’t help but think that somewhere some law student or attorney is going to see it and think twice.
I think we can all agree that a sworn oath isn’t worth much to most people. I think the best way to discourage this behavior of prosecuting the innocent is to just blast those that are found guilty of it.
As Madison said, “If we were angels…” Laws are in place to keep those with a weak moral compass in line by providing strong incentives to do so when morals aren’t enough. If I was king, I’d publicize every guilty face I found because I believe that would further discourage illegal behavior.
I stole a package of baseball cards when I was 7 or 8 from a liquor store while I was with my dad. He found out when we got home and we drove back to that liquor store despite my pleads for mercy. He made me apologize to the clerk and it was the most humiliating thing I’ve ever had to do.
Maybe public scrutiny of Nifong will discourage other lawyers of engaging in this action. Had I seen what apologizing to a liquor store clerk looked like, I would have never stolen a pack of those baseball cards.
The Nifong reminds me of how Johnnie Cochran once described the legal system. ‘Innocent until proven broke.’ A few poor black youth wouldn’t have a chance against prosecutorial abuse, but some white boys with money can pursue justice ‘at any cost.’ The ‘lesson’, if anyone learns one, is that as between someone with money and someone without, prosecute the poor one.