Post by SoulTrainOz on Jul 9, 2006 20:58:30 GMT -5
North Carolina's legislature is getting closer to launching a committee that might give the state's residents more confidence in how our legal system metes out justice.
A Senate committee on Friday revived and approved an idea to create an independent commission to review innocence claims of convicted felons, and the creation of 3-judge panels that would ultimately determine whether to dismiss the charges. The state House last year approved the establishment of an 8-member N.C. Innocence Inquiry Commission that would conduct investigations into "claims of factual innocence" based on new evidence in contested cases, and while the Senate's version differs in some way, we would hope that a compromise could be reached.
Under the House plan, if 5 of 8 members on the commission agree there is enough evidence to consider dismissal of charges, the case would be sent to a 3-judge Superior Court panel. Charges would then be dismissed only if all 3 judges determine there is "clear and convincing evidence" that the convicted person indeed is innocent.
The commission idea was born in part because of the plight of Darryl Hunt, who spent 18 years in prison for the slaying of a Winston-Salem woman before being released when DNA evidence proved he wasn't guilty. Cases like Hunt's should cause discomfort even among those who believe the death penalty is just and fair, because nobody should want to see an innocent man put to death.
An Innocence Inquiry Commission can be one extra safeguard between a "simple" injustice and a fatal one. North Carolina would be wise to further pursue such a course.
Positive step on capital punishment
North Carolina's legislature is getting closer to launching a committee that might give the state's residents more confidence in how our legal system metes out justice.
(source: The (Henderson) Daily Dispatch, July 7)
A Senate committee on Friday revived and approved an idea to create an independent commission to review innocence claims of convicted felons, and the creation of 3-judge panels that would ultimately determine whether to dismiss the charges. The state House last year approved the establishment of an 8-member N.C. Innocence Inquiry Commission that would conduct investigations into "claims of factual innocence" based on new evidence in contested cases, and while the Senate's version differs in some way, we would hope that a compromise could be reached.
Under the House plan, if 5 of 8 members on the commission agree there is enough evidence to consider dismissal of charges, the case would be sent to a 3-judge Superior Court panel. Charges would then be dismissed only if all 3 judges determine there is "clear and convincing evidence" that the convicted person indeed is innocent.
The commission idea was born in part because of the plight of Darryl Hunt, who spent 18 years in prison for the slaying of a Winston-Salem woman before being released when DNA evidence proved he wasn't guilty. Cases like Hunt's should cause discomfort even among those who believe the death penalty is just and fair, because nobody should want to see an innocent man put to death.
An Innocence Inquiry Commission can be one extra safeguard between a "simple" injustice and a fatal one. North Carolina would be wise to further pursue such a course.
Positive step on capital punishment
North Carolina's legislature is getting closer to launching a committee that might give the state's residents more confidence in how our legal system metes out justice.
(source: The (Henderson) Daily Dispatch, July 7)