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Faulty Forensic Evidence, Is There Real Justice in America?
Faulty Forensic Evidence, Science?
Night Line (ABC News) recently produced a lengthy program on prisoners who are finally being exonerated through DNA evidence. Numerous judges, DA's, police and forensic evidence experts, who testify in court with the old school forensic evidence, were interviewed with some shocking insights. Their methods have been used for a hundred years, and accepted by judges as science.
Google Nightline, "Is fingerprint evidence sound science"? One of the forensic expert witnesses who had taken the course of entry, to be a forensic expert witness, said that almost anyone can pass the test and be an expert witness. The requirements are very loose. The course is on "How to pass the test".
The main theme of the program involved the arrest of a man who was suspected of being the terrorist who bombed a Spanish train. He was arrested in the U.S. on fingerprint evidence at the scene of the alleged crime. Later on an Albanian was arrested for the same crime, and admitted he did the horrific act. Their fingerprints were almost identical. The FBI did hundreds of studies and tests on their mistake, since the first arrested man was an American citizen. With egg on their face, the FBI finally admitted they were wrong. It shook up the Bureau and the Justice Department.
An attorney who has become an expert on DNA evidence, and has gotten many victims of this system, finally free, has concluded with thousands of hours of studies on the forensic evidence system, and studies of DNA, that DNA is the only 100% foolproof evidence, and is an exact science. The old ways are still in the mysterious world of art. One must wonder how many people in prison are innocent. They were convicted through the old school of forensic evidence, circumstantial at best, and have serious flaws.
Many judges were interviewed and a few admitted that the old ways have been accepted for years as science, and the DA's around the nation have basically done nothing to change their ways. Juries get overwhelmed by experts. This is a travesty of justice in America, and must be addressed.
Justice Louis Brandeis, in the 1928 Supreme Court case, Olmstead VS. United States, said the following: "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness...They conferred as against the government the right to be left alone, the most comprehensive of rights and the right most valued by civilized men."
Men and women who are in the U.S. prisons for crimes they had nothing to do with, are not being left alone. Their constitutional rights are being abridged by a lazy system. Google "Forensic evidence in question". Read "CSI Effect, questions forensic evidence" ABC Online.
In a recent rerun of "The Guns of Will Sonnett," the grandfather is arrested by a redneck, small town western sheriff. The only reason he was arrested was because his grandson was kidnapped by a family whose son had been killed by the grandfather's son, who was merely trying to buy a fresh horse, and the families boy wanted to gun down a famous western gunslinger. The sheriff did not like the Sonnetts, and arrested the grandfather Sonnett for no reason, holding him in the local jail. The grandfather tricked the dumb sheriff into getting too close to the cell, and swiped his firearm. He got out to go and rescue his kidnapped grandson. As he was leaving the jailhouse, the sheriff yelled at him "You will be hung for this." The grandfather says "What about my rights?" The sheriff says "You have no rights". Grandfather Sonnett looks back and says "My rights are between me and my Maker".
If things are not radically changed with our justice system of loose forensic evidence, convicting the innocent, the jailed parties may finally get justice from their Maker, and the judges, juries and DAs will get the same Big Trial in the Sky.
Grandfather Sonnett was later exonerated by the mother of the dead son. She said to the boys father, "He just came here to ask to buy a fresh horse, and our son drew on him to gun down a famous western gunslinger." The father apologized to Mr. Sonnett and set his grandson free, and they roamed the west, looking for the grandson's wandering gunslinger father on their endless quest in the West. This was old western justice in action, no forensic evidence, no DNA, an admission of the truth. Hopefully the sheriff was stuck in his own jail and missed dinner.
The right to be left alone, it is in the US Constitution.