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[return to "Texas death row inmate at mercy of supreme court, and junk science"]
1. Samoye+Eg[view] [source] 2023-09-24 13:55:32
>>YeGobl+(OP)
The way death row inmates are treated is arguably a reason to be against death row. There was also a case where a person on death row couldn’t present exculpatory evidence to prove his innocence because his last appeals lawyer didn’t do it. The Supreme Court literally decided you can prove you have evidence that proves your innocence, that you were done dirty by an incompetent lawyer, it doesn’t matter, you should still be killed.

https://en.m.wikipedia.org/wiki/Shinn_v._Ramirez

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2. qingch+qu[view] [source] 2023-09-24 15:31:25
>>Samoye+Eg
Yes, it's often very, very, very hard to introduce new evidence of your innocence after trial. Trial is the point that you show all available evidence to the jury.

In Illinois you can attempt to present your evidence only after you have exhausted all of your regular appeal routes (appellate court, state supreme court, SCOTUS, state habeas corpus, fed habeas -- there are 11 levels here first) which can take a decade. Then you have to petition the court. But you have to do it yourself, you don't get a lawyer to help you at the first stage. So if you have no idea what you're doing (and certainly a prison is going to do whatever they can to impede you in this by restricting your access to any instructions or legal materials), then you just have to suck it up and take the needle.

In fact, I don't think enough emphasis is put on the fact that these people are generally fighting their cases from prison and it is 1000X harder to do from inside than outside. They have no access to a phone directory to try to call anyone. They might not have any money to make calls. The prison might only give them one free letter a week. And then you need an address to write to - where do you get that? A phone call is probably limited to 20 mins, and if you call and the other person misses it, you can't call back to a prison.

And don't get me started on legal materials in prison. If you are lucky enough where you can actually get to a library (all prison law libraries shut during COVID and many have never reopened) you'll rarely see a computer. Often it is just piles of moldy books. And of course the previous person didn't want to risk the chance they would ever get back to the library, so at the very least they have torn out all the pages they need from the book you wanted to read, or worse, have straight up stolen the book.

And we're not taking into account how much energy is required to fight the system and how exhausting it is for an inmate. It is mentally unbelievable to do all this work locked up. You have to do everything on paper with a pencil too at most places. Copying out huge citations and writing huge motions. Then you have to perhaps write them out another 19 times because that's how many copies the court requires by law and you don't have access to a photocopier. Plus everyone around you at the prison is just running buck wild, screaming, shouting, fighting, gambling. It's no fun.

And these lawyers fighting for death row inmates are awesome, amazing, unbelievable people, but there are very, very few of them. And only death row cases get any real traction. The innocent people who are convicted and get life without parole don't get noticed. The innocent people who get 80 years without parole are way down the list, even though it is a de facto life sentence.

I'm helping a guy now who is inside on a life-without-parole case. No lawyer has stepped up to help him out. I'm trying to help him find a lawyer. I've just been helping a guy reconnect to modern life after getting out from a 40 year sentence for a crime he didn't do.

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3. epicur+tv[view] [source] 2023-09-24 15:38:32
>>qingch+qu
I'm completely shocked that the "defund the police" movement was where the progressive activists chose to dedicate their attention.

Whereas issues like you mention above, and trial reform in general, and prison system reform in general, would have wide bipartisan support.

It really makes me suspicious why activists and the media are not advocating for the things 90% of people would agree with. Is the other stuff just an intentional distraction so nothing gets fixed?

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4. jfenge+Xw[view] [source] 2023-09-24 15:49:15
>>epicur+tv
The police is where you can get obvious, overwhelming evidence of abuse. It literally takes a man being murdered on video to move the needle, and even then you get a ton of pushback.

There are many prison reform movements, but none of them get any traction without such visceral, concrete, and shocking symbols. You hear about defunding the police because it's the only one with even a shred of a chance to accomplish anything at all.

People might agree with other improvements if a pollster asked them, but only because it's abstract. If they got any serious traction there would be an equivalent objection using the same tactics to defame and harass the people who were trying. And since it doesn't involve a death it will get chalked up to "both sides are bad" and dropped.

I'd love to see politics work on something more coherent and beneficial but we're way, way past that.

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