I'd like to think that can not happen here.
I am a retired cop.
But I learn something new every day.
They do happen.
In one state alone 41 people have been exonerated thanks to DNA.
That is a lot of people in jail.
There are tools out there to be utilized.
The Polygraph, Statement Analysis and the FMRI to name a few.
I am working on a case in NH wherein my client, in jail, did not commit the crime.
I know he did not.
I analyzed the statement of the "victim" and it is very deceptive.
To be sure I had a polygraph done.
He passed it with no problem.
He was not offered a test during the investigation.
The prosecutor is fighting our attempts to get a new trial.
That is too bad as this state uses the polygraph to put people IN prison: Post Conviction Sex Offender Testing.
It is good enough to put someone back in but not to get them a new trial.
Now as you all know from watching Law and Order it is the duty of the prosecutor to keep people in jail...
or is it? Lets take a peek at the Supreme Court's thoughts on the matter.
The prosecutor's duty isin a criminal prosecution is not that it shall win a case, but that justice shall be done.
Berger v.
U.
S.
, 295 U.
S.
78, 88 (1935).
The police have the obligation to convict the guilty and to make sure they do not convict the innocent.
(United States v.
Wade) So we see that Court focus more on Justice than the mere fact of a conviction.
Police and Prosecutor seek justice, not merely a conviction.
This is a good thing.
The hardest type of case is the he said/she said case.
For a gal to put a guy away is easy.
Consensual sex.
This provides forensic evidence.
Then just claim rape.
Happens more than you would think.
Real rapist should be put away for a long time...
but only the real ones.