Wednesday 11 February 2015

INNOCENT BUT BEHIND BARS

The courtroom oath---to tell the truth,the whole truth,and nothing but the truth--is applicable only to witnesses .Defence lawyers,prosecutors,and judges don"t take this oath.so telling the truth is relative.
 JEAN LEMALCHANCEUX said that the law protects us from barbarianism, but gives us the barbarianism of the law........A Crusader's journal.  

I watched a programme on Alijazeera,concerning the penal system in America,how lots of innocent people are behind bars due to  false witness testimonies.These testimonies were actually believed to be the truth by these witnesses at the time the case came to court.But with recent advance in forensic science, lot of innocent people had been set free.
 I watched a programme on Oprah Winfry show,it was a sad one. A black man spent 21 years behind bars for raping  a white woman.The poor man who was returning from a night shift was taken to jail. During the trial, the victim was adamant that he raped her.21 wasted years over false identification before he was proven innocent,the woman that accused him was also brought to the programme,she was sorry,but this could not give him those years back. Little wonder that there are thousands of African Americans behind jars.Athough their lifestyle choices, makes things kind of difficult for them.


In America, all huge black men are menacing and intimidating,so it is easy to subsitute one for another. I have always know that been at the wrong place at the wrong time can change the couse of one's life.Judges just act on the evidence before them,if you have poor legal representation, you are a gonna.State counsels are not interested in truth of mathers they are handling,but convictions to help their  career advancement.

 As a legal practitioner who is always in court,we all know that conviction can be faulty, especially  using circumstantial evidence. some judges are also so out of reality .I was in court for a hearing,the judge had to pass sentence on a young man of 26 years who was caught with a bag of marijuna.His lawyer tried his best,to get him off. He gave an allocutus....pleading for mercy for the accused person. He told the court, how the poor boy sick mother was in  the hospital and it was the search for money for surgery that pushed the boy,into carrying the marijuna for a dealer.I was stunned when the young judge on whom most of us female lawyers  have a crush on, sentenced the poor boy to 16 years without any possibilty of parole.I hate drug dealing but 16 years for just a small bag.l just thought of the poor mother in the hospital,waiting for the son to come and save her.
life can be so unfair.


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