Quoth the article: "We all felt so strongly that this was justice for Christine and that we were doing the right thing," says Mark Landrum, who was the jury foreman.
Righteous fury is the worst enemy of justice.
[1] http://www.texastribune.org/2012/10/19/state-bar-seeks-disci...
The problem is that people let outrage over the seriousness of the crime guide both their evaluation of evidence and demand for punishment. Their want their offended sense of justice to be assuaged, but this leads to greater and greater injustice, as people are wrongly convicted and sentences climb ever higher.
More to the point, without consequences for their actions, prosecutors have an incentive to do this stuff.
So, I think both tactics are required.
Aside from an interest in Justice, why would anyone defend Ken Anderson's behavior? Convicting innocent people of crimes is only in the interests of prosecutors and criminals. Conversely, every citizen is at risk from malicious wrongful prosecution.
I think what they (some people from the South) believe is that police, prosecutors, and judges are well-meaning professionals and that they conduct their duty with the intention to "do what is right" and with some degree of professionalism.
When a random citizen calls for the death penalty for some accused individual, they are always doing so with the caveat that the accused is actually guilty of the crime. They are saying "baby raping murders need to die" not necessarily that "smelly bums need to get framed up" or in the case of Morton "innocent fathers". What person (besides policemen and prosecutors) wants an innocent man convicted?
The problem is not human nature (well, maybe it is, but that's not a problem we can reliably solve). The problem is that prosecutors, judges, and cops are themselves human, and that there is little to safeguard us all from their mistakes, and even worse, they are incentive-ized to make these types of mistakes.
It seems reasonable to you because you are in fact judging this case emotionally, not reasonably. Your empathy towards the victim causes you to want revenge, believing it to be justice.
Oh, and by gunning for Mr Morton, the actual murderer went free, and killed someone else.
This is something that should be told again and again and again to the juries in murder trials.
I think it's just as much a scandal that the jury convicted Morton without substantial evidence as that the prosecutor withheld potentially exonerating evidence.
That's a pretty bold assumption. And it happens to be wrong in this case.
I'm not focused on the 25 years, but rather on the equivalence between the sentences. If a law were to be proposed, that the sentence for prosecutorial misconduct be comparable to the sentences so wrongfully achieved, it would have my vote regardless of the emotional context.
> "Never mind the consequences, like incentivizing prosecutors to avoid long sentences..."
That is indeed part of the point! If we can agree that sentencing has spiraled out of control in this country (and I suspect we can), then perhaps a strong disincentive for misbehavior within the system would be beneficial?
> "Do you really believe 10/15/20/25 years in this case would make a difference?"
And do you think 10 days in prison is going to make a difference?
To answer your question, yes, I believe serious consequences for prosecutorial misconduct will make a difference. Making the sentence for malicious prosecution comparable to the sentence suffered by the victim is simply a guideline that I personally would find reasonable.
EDIT: I should have said "I would find reasonable in this particular case, i.e., that of prosecutorial misconduct". I agree that talionic justice (eye-for-an-eye) leads to gross dysfunctional if put to general use. But I'm not convinced that makes it inappropriate in all cases.
I'll look later to see if anyone analysed this in real cases, but my intuition is that there's some limit where it doesn't make a difference anymore whether you add more years - only guarantees that the jailed person has no way to go back to any kind of reasonable life afterwards.
More to the point, the prosecutor is guilty, which is why he received 10 days in jail. I'm expressing that that should have been a larger punishment for the anguish he caused, and admitted to. On top of that, this time they have a stack of evidence, enough to exonerate someone, and the prosecutors actions got another person killed.
Very different circumstances, in my opinion. I do agree with your final sentence, however.
[1] http://en.wikipedia.org/wiki/United_States_incarceration_rat...
Given the huge number of Prisoners who have been on death row and exonerated, there must have been quite a few in the past prior to technologies like DNA testing.
http://en.wikipedia.org/wiki/Wrongful_execution
Note - this doesn't even include those who were innocent, but not provably so.
For example, New York had a death penalty in 1995 that was never used and declared unconstitutional in 2004. Since the death row has been disbanded by executive order and it is unlikely executions will ever take place in NY again.
43 immates were executed in 2012.
http://en.m.wikipedia.org/wiki/Capital_punishment_in_the_Uni...
I was more pondering, how many people in the past have been executed wrongly by the united states.
A quick google search suggests that 14,634 were executed in the period 1608-1987. http://www.deathpenaltyinfo.org/executions.php
The jury system cannot handle them being liable for imprisoning the wrong people, unfortunately. That's why we have all these rules in place in our legal system. The prosecutor was the one who made the decision to willingly withhold important evidence and lie to the jury to get the conviction, so I personally think he is culpable.
Oh, and by doing so, the actual killer went free, and murdered someone else. :(
>He might have withheld evidence but in the end it's the jury who found him guilty.
You need to seriously rethink that statement. How could a jury be expected reach a correct solution when exculpatory evidence was hidden from them?