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Criminal Law

: Lethal Injection

The notion that finality should trump justice does not comport with fundamental due process- The innocence case of Wayne Tompkins

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The purpose of the criminal justice system is to instillconfidence in the public that justice can be and will be served.The notion that finality should trump justice does not comportwith fundamental due process. It undermines the public?sconfidence in the functioning of the criminal justice system forindividuals to be executed for crimes that they did not commit.In fact, the State of Florida recognized that the ends of justiceshould trump finality when the legislature adopted legislationthat permitted exculpatory DNA testing to be conducted and, indoing so, overturn long final convictions. Abandoning the pursuitof justice for the sake of merely closing the file on a criminalcase undermines the public?s confidence in the reliability of thecriminal justice system In Herrera v...continue to full post

Full post as published by Lethal Injection on November 22, 2008 (boomark / email).

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