@oralloy,
oralloy wrote:
OCCOM BILL wrote:I'm not part of "you guys". None of my complaints can reasonably be construed as accusing the Italians of "framing" her. I have no reason to believe they aren't quite confident in their instincts.
What do you think was their motive for leaking outright lies to the media about fictitious evidence against her?
I have no reason to believe they leaked "outright lies about fictitious evidence." If this did take place, I would assume their motivation was to convict a person they believe is guilty.
Cops, Prosecutors, Judges, Experts, etc. are all human beings and as such are as likely as anyone else to walk the edge of what's permissible in hopes of seeing what their own gut instincts tell them is just. Here in the States; Prosecutors have a duty to seek justice over mere victory (Right) and Judges have a duty to be impartial (right). Since these ideals are only as good as the people charged with the responsibility to practice them; our higher courts have frequently assigned multi-prong tests and prescribed remedies for when certain rules are broken. This is what the layman will frequently protest as an injustice when a presumed guilty person "gets off on a technicality." The truth is; these instances of "injustice" are the process of justice.
If you beat a confession out of a murderer, that confession will be inadmissible. If fail to follow procedure in your handling of evidence, that evidence will be inadmissible. If the State can't or won't make evidence available for independent tests, their own test results will be inadmissible. These things all make it easier for the guilty to escape justice, but this is the only way to defend a presumption of innocence. If 8 out of 12 jurors believe a man is guilty; odds are pretty good that he's guilty... but this in no way proves him guilty beyond a reasonable doubt.
The bottom line is; no malicious intent is necessary for a travesty of justice to take place. Some systems are considerably more concerned with the rights of the individual to be presumed innocent than others. That doesn't mean the players in the less accused-friendly systems are deliberately trying to miscarry justice. I'd like to think people that would deliberately condemn an innocent are as rare as those who would commit murder in the first place. Your frequent condemnation of the people of Italy is over the top and absurd. That their system of "Justice" doesn't go as far in transcending the individual facts of a particular case in the interest of justice is no indictment on the Italians themselves. Not even those involved in the process. They are simply playing by their own rules. If you want to condemn their rules; I'll agree with you.
Btw, The blog you linked was incredibly detailed and informative, thank you. But it was also very obviously biased. Dial down the strength in your conviction of innocence a little and you’re arguments will be more credible. The simple fact is, you can’t KNOW if she’s innocent or guilty either.