North Carolina: innocent of gun charges but still jailed

[EM2]

These cases are largely unknown outside the courthouses here, but they have raised difficult questions about what, if anything, the government owes to innocent people locked in prisons.

The government owes them the right to be released.
For christ sake they are talking about turning their back on these people!

[Meplat]

No. What they did THEN was not a crime THEN but they got convicted anyway. Any of the cases that were jury trials should be tossed out. As for anyone who is in on a plea deal I don't know what should happen.

[Meplat]

"We are not outcome driven"

Is it NOT called the Dept of JUSTICE???

Every swingin' dick who knew about this and did not move to correct the error should be a) fired, b) pension/benefit stripped, c) open for litigation & punitive damages.

That'd fix their attitudes, in a hurry!

Better yet. For every day, after becoming aware of compelling evidence of factual innocence of a defendant, that any Judge or prosecutor associated with a case, delays notifying the defendant or his council, that Judge or prosecutor should be liable for two days detention, in the same facility, under the same circumstances.

[huntercf]

Better yet. For every day, after becoming aware of compelling evidence of factual innocence of a defendant, that any Judge or prosecutor associated with a case, delays notifying the defendant or his council, that Judge or prosecutor should be liable for two days detention, in the same facility, under the same circumstances.

^^^THIS
Most of them are not saints BUT our system is suppose to be set up so people are not wrongfully convicted even though it happens. If they are innocent of the charges they are in for then they need to be let go today, NOT tomorrow. It burns me up that prosecutors know people are innocent but they still want to keep them in jail/prison. IMO any prosecutor who refuses to free innocent people should be immediately taken to jail.

[Mulay El Raisuli]

I'm surprised to see such a story in USA Today. They hate guns. Why do they care?

The pendulum is swinging. Looks like even USA Today is seeing the injustice inherent in "gun laws."

This is a good thing.


The Raisuli

[randian]

"because their sentences were calculated incorrectly"

That seems like an easier appeal avenue. If you're in prison for five years for a crime that has a max sentence under the law of 3 years, and you've actually been in prison more than 3 years, it would seem a slam-dunk case for gaining freedom. I don't see how a DA could argue against that, even in plea bargain cases.

I don't understand why the DAs think "he actually carried the gun" has any legal weight. Since that conduct wasn't illegal, they might as well be saying "he was eating an ice cream cone".