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Before I went to law school, I had a somewhat conservative view of the justice system (they deserve to be in there!) But the more you learn about the prison system in the U.S. the harder it is to see it as anything other than a crime in and of itself.

D.A.'s being elected officials, try to railroad people accused of crimes to get them in jail. Legislatures looking to be "tough on crime" have jacked up the penalties for offenses to ridiculous levels, so much so that most people would be foolish to take their chances at trial instead of pleading guilty in exchange for a lesser sentence. Forensic "science" is anything but, with error rates in finger printing being in the 7-8% neighborhood and rising from there. Handwriting, hair samples, and bite mark analysis have error rates in the 40-60% range.

As the article mentions, the system elevates procedure above everything else. If you have a busy, poorly-paid public defender who doesn't present any evidence in your case and actually argues in favor of the death penalty in the sentencing hearing (a real example) the Supreme Court has no sympathy for you if that attorney also forfeits an avenue for post-conviction relief by failing to make a particular argument at the right time.



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