miscarriage-of-justice

There’s a fascinating true crime docuseries currently in Netflix that I recommend everyone to watch. It’s a haunting, horrific case with a potential huge miscarriage of justice, one that makes what we saw in Making a Murderer pale in comparison. It’s called Shadow of Truth, and it has four episodes.

The series exposes the murder of 13 year old Tair Rada. On December 6th, 2006, Tair was found stabbed to death in a locked bathroom stall inside her school in Katzrin, a quiet israeli settlement in the Golan Heights. The murder was savage and with no evident motive, since Tair wasn’t sexually assaulted. The town went into a panic and kids were afraid to go to school.

With an increasing amount of pressure on their heads, police eventually found their main suspect in Roman Zadorov, an Ukranian immigrant who had done some tiling work at Tair’s school. According to the documentary, the reason they got to him was that a teacher claimed to have seen the school’s gardener acting suspicious on the day of the murder, but the gardener had an alibi. Roman looked like the gardener, so police figured out it was him who the teacher saw.

They took him in for questioning and eventually Roman confessed to the murder, one he later recanted. He was found guilty on trial and sentenced to life in prison. 

Case closed? Not quite.

The documentary shows that Roman’s confession was mostly coerced by police. He barely spoke hebrew and likely didn’t understand much of what was said. They put him in a holding cell with a planted informant who pretty much coached Roman’s confession, it’s all in tape. More importantly, police told Roman they had found DNA and other physical evidence linking him to the crime. However, as it was later discovered, there was not even one piece of physical evidence that Roman was ever in that bathroom stall or near Tair. There were unidentified prints that didn’t belong to him or the victim.

As this case gets more and more convoluted and the doubts about Roman’s guilt grow, the documentary explores other possibilities that, according to them, were ignored by police. Tair’s mom, for example, doesn’t believe Roman killed her daughter and instead thinks it was one of her classmates. Two friends of Tair claim they went to the bathroom at the time of the murder and knocked on a closed stall, and a girl’s voice replied saying it was busy. They also saw a girl with curly hair who has never been identified.

And the bombshell: a man testified years after the murder that it was his girlfriend at the time who really killed Tair. According to the witness, this woman, identified as A.K. in the documentary but later identified by Olushka Korbachenko by the press, had serious mental issues and was obsessed with blood.

There’s a lot more about this case that what I’ve summarized above, but I really encourage you to check it out by yourselves. The series is in hebrew, with subtitles.

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January 13th 1898: ‘J’accuse’ letter

On this day in 1898, French writer Émile Zola’s ‘J’accuse’ letter was printed, exposing the miscarriage of the justice in the Dreyfus affair. Zola was a prominent author, well-known for his short stories and novels, and his letter sparked national outrage. Published as a newspaper editorial in L’Aurore, the letter exposed the unlawful conviction of French army captain Alfred Dreyfus for espionage and treason. Dreyfus, of Jewish descent, was found guilty of selling military secrets to the Germans by a military court and sentenced to life imprisonment on a South American penal colony. However, subsequent evidence proving his innocence and implicating officer Ferdinand Walsin Esterhazy was covered up by the military, with Walsin Esterhazy exonerated. The case had exposed the virulence of French anti-Semitism, as military officials and members of the public readily accepted Dreyfus’s guilt, considering his alleged crime indicative of Jews’ disloyalty. Zola’s letter, a response to Walsin Esterhazy’s acquittal, led to his arrest for libel, though he fled France to avoid a prison sentence. The debate came to embody divergent visions of France’s national identity, with those against Dreyfus arguing his defenders sought to undermine France. On the other hand, Dreyfus’s supporters raised the pertinent question of the extent personal freedoms can be subordinated in the interests of national security. Steadily, Dreyfus’s supporters gained traction, as evidence came to light that key evidence had been forged. Desperate to restore order, the French president pardoned Dreyfus in September 1899, though he was not legally exonerated until 1906. The French military only conceded Dreyfus’s innocence in 1995. Zola’s ‘j’accuse’ has entered the popular lexicon, and the Dreyfus affair has become synonymous with anti-Semitism and the miscarriage of justice. The crisis also had the practical effect of leading to a radical ascendancy in the French government, which shaped French politics for decades to come.

Making a Murderer nephew Brendan Dassey freed by judge

A US judge has ordered the immediate prison release of Brendan Dassey, whose case featured in Netflix’s Making a Murderer documentary.

The Wisconsin man’s murder conviction was overturned this summer, however, prosecutors are appealing.

The 27-year-old, who has learning difficulties, and his uncle Steven Avery were convicted of murdering a young woman, Teresa Halbach, in 2005.

Avery and Dassey, who was 16 at the time, were sentenced to life in prison.

Judge William Duffin ordered that Dassey be freed from prison under supervision until the next steps in the case become clear, reports the Milwaukee Journal Sentinel.

Under his release conditions, he must submit to the probation and parole office by midday on Tuesday the address where he plans to reside.

Dassey also must not have any contact with Ms Halbach’s family, or co-defendant Avery, whose legal team hopes DNA evidence will clear him.

Dassey’s lawyer, Steve Drizin, told the Associated Press he hoped he would be free in time to spend Thanksgiving with his family on 24 November.

“That’s what I’m focused on right now, getting him home, getting him with his family and then helping him to re-integrate back into society while his appeal plays out,” Mr Drizin said.

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Donald Trump said women should be punished for having an abortion. Here’s what that looks like.

michaelsjusticeandpolitics  asked:

How do you feel about Vince Li getting absolute discharge? As someone who votes NDP and strongly identifies as left-wing, I thought it was disturbing and a huge miscarriage of justice.

It’s complicated.

Very few mentally ill people are violent, and I’m seeing a lot of people treating him like a cold blooded killer even though he was found to be not-criminally responsible by mental health experts. The doctors cleared him to be released. I tend to support medical professionals and science when it comes to matters such as this. A lot of the comments about this case seem very ableist.

They said they’ve been treating him for 10 years since the incidence with no relapse in similar behaviour and he has shown remorse for what he’s done the whole time. This article gives some more information on how he was cleared by experts (and there are plans being put in place to bring him back into mental health treatment if anything happens):

Mental health experts address concerns from Canadians after Vince Li’s discharge

From the article:

“If you were looking for a perfect record, this is a perfect record – showing remorse, showing compliance, showing insight, not having relapsed,” Chris Summerville said, who is with the Schizophrenia Society of Canada and has worked with Li.

With that said, if there is evidence that he is a danger to society or is likely to relapse again I’d be open to it. But that’s not what the doctors that cleared him have said.

The city of Sao Paulo, in Brazil, was shocked when on August 5th, 2013, a whole family was murdered in their home. Husband and wife Luis and Andreia Pesseghini, Andreia’s mother Benedita and Benedita’s sister Bernardete had been killed with clean shots to the head. The final victim was 13 year old Marcelo Pesseghini, the son of Luis and Andreia, who had apparently died from a self inflicted gun shot to the head. Investigation determined that it was this kid who killed his whole family before ending his own life.

According to the police’s timeline, Marcelo shot his family around midnight of August 4th, that was a Sunday, then drove his mother’s car to school and waited there several hours. He spent that Monday like a normal day in class, before going back home and killing himself.

But there were strange things about the case from the start, and evidence that points in a very different direction. Soon after the crime was made public, a coronel with the local police came forward and said he believed young Marcelo was being framed. Both of his parents were police officers and Andreia had been working on turning in crooked cops, which made her a potential target of the death squads inside the famously corrupt police force of Brazil.

He’s not the only one who believes police is behind the crimes. There was nothing in Marcelo’s profile that suggested he’d do something like that, and he had no experience with guns, yet he had managed to gun down his whole family without missing one shot. A family that included two trained police officers. His suicide is also peculiar. There was no gunpowder in his hands and his body had fallen forward, instead to the right as you would expect from a shot to the left temple.

Still, Sao Paulo’s justice closed the case stating that Marcelo was the killer. The rest of the Pesseghini family is until now trying to get the case reopened.

Everyone on every social media platform I use is acting like Disney dropping Pewdiepie is some gross miscarriage of justice but…

Disney is a business. And they’re an entertainment business, so more than anyone else they literally rely on consumers to make money. Because of that, they are several times more likely to make a stand on social issues, or at the very least denounce anything negative that comes to light that is even loosely associated with them.

Regardless of how you think Disney should have reacted to the pewdiepie thing, the fact of the matter is pewdiepie literally paid people to write “Death to all Jews” on a board, then filmed, edited and uploaded the video to YouTube while in a contract with Disney and YouTube.

Which, to be completely blunt, was incredibly fucking stupid. Especially when in his response video the best he could come up with was “I didn’t think they’d actually do it.”

This isn’t “censorship”. This isn’t “SJWs winning”, it’s not even “unfair”.

It’s Felix making a completely idiotic decision, and having to face the consequences of it.

It’s really that simple. Y’all need to quit whining. 

Think about the fact that Darren Wilson murdered a black boy in the street….will NOT even be indicted let alone convicted of this crime..was given paid leave and will NOT lose his job…had a nice wedding to his fellow cop girlfriend…..and made about HALF A MILLION DOLLARS  from donations in the process. he was quite literally paid, in part by the government…to kill a black boy

THINK. ABOUT. THAT

dennis reynolds is not a good man. he's not a kind man. he's not a decent or an adequate man by any measure of a human being. he makes me sick. he fills me with bile. he makes to make me sick to my stomach and i hate him, so let me ask you this, why, why, why would i defend him?  why would i choose to be on his side? i'll tell you why. because as much as it makes me sick to say it, to have these words come out of my mouth, he's innocent. and if there's anything i hate more than this wretched prick, more than this miscarriage of a man, it's a miscarriage...of justice.

In the opening of the film, to explain why what happened to her was an injustice, Amanda Knox says “Either I am a psychopath in sheep’s clothing or I am you” and again, I found myself wondering who this “you” is. Because this narrative only works if the “you” is meant to be white and of a certain class and education. The only way that this film can cause identification with Amanda Knox is if the “you” is a fellow white person terrified by the miscarriage of justice because “omg it can happen to “us” as well!”. There is not a single mention of how miscarriages of justice disproportionately affect people of color, not even when Ms. Knox mentions that she now works as an advocate for the wrongly convicted. Instead, we are treated to an hour and a half of “white fear”. Injustice, the documentary seems to imply, is not just for “those people”. And of course, the glaring omission of the (white) elephant in the room: when the she was under severe pressure, she deflected by pointing to the person that in Western imaginations already carries the stigma of the stereotypical over sexualized other: the Black man. Needless to say, this action is not coded as a miscarriage of justice by itself. The filmmakers, instead, stress on how afraid she was, how she was pressured by the Italian authorities to confess to a crime she did not commit, etc. There isn’t a single interrogation of why she might point to a Black man or the already precarious situation of Black migrants in Italy, often targets of racist violence. Instead, and this is the “slip” that gives away the racist mechanism in the film, she says “she was under so much pressure that she imagined, perhaps even dreamed of Lumumba at the scene of the crime”. For centuries, white imagination has always placed the Other at the scene of the crime.

https://medium.com/this-political-woman/amanda-knox-netflix-and-the-making-of-white-innocence-cffd95e984c5#.oaioc4spq

Imagine having a heated argument with Barba

Imagine having a heated argument with Barba 


“Y/N! Don’t walk away from me!” Rafael called from inside his office which you had just stormed out of. He rushed out after and stood by the doorway, “Y/N!” 


“No! I’m tried of you not doing your job! So you see this. This is me not dealing with your bullshit anymore! And this also me walking away from you.” you yelled only turning round momentarily before continuing. 


You were fuming as you stomped your way out of the DA’s office. Everyone moved out of your way not wanting to be the next target. The whole office probably heard your knockout drag out with Barba but you didn’t care. They were all probably whispering to each other. Gossiping their heads off.


Not prosecuting this case was the biggest miscarriage of justice you’d have ever seen. That boy was going to die if you didn’t get that bitch of mother away from him. And it would be on all of your heads. 


When you got to your car in the parking lot you smashed your fist into it, crossed your arms and leaned against the car. 


“Y/N?” a voice from behind said.


You turned to see Barba a few feet away Barba staring at you. 


“What is it now Barba? What case can’t  you prosecute now.” you spat spitefully. 


You saw his face turn from concern to anger.


“The victim is unreliable, Y/N. The case is weak and circumstantial. If we take this to trail the defence will tear that boy to pieces for changing his story.” Rafael explained his voice raising. 


“That’s because his abuser is his own Mother. He was petrified! The person who he went home to everyday did that to him and probably has for a long time! That is why he changed his story. He didn’t know what to say after the school called us! He was scared Rafael, who wouldn’t be?” You shouted stepping forward. 


“He was alone during the interview he could have easily implicated his mother but he blamed innocent man instead. Not to mention the fact that their is as more evidence that the school bully beat him than his mother.” Rafael suggested. 


“And when that boy dies Rafael it will be on your head. But you’ll never understand. You don’t know and you’ll never know what it’s like.” You retorted.


“And you do Y/N? Why are you taking this so personally?” He prompted.


“Don’t make this about me.” you glared.


“You’re making this about you by getting so angry with me. So it is about you isn’t it?” Barba accused taking a step forward. 


“No it’s not. It’s about a boy who you are going to let right back into the arms of his abuser. And don’t you dare ask me questions that you know you wouldn’t ask anyone else on the squad.” You shouted fiercely.


His face fell because he knew he wouldn’t ask anyone else. 


“I knew it! I can handle myself. I’m not a over-emotional damsel in distress that needs you to save me. I’m tired of you treating me like a fragile freaking doll! ” You shouted. 


“I’m not … well not right at this second. Alright, I’ll admit I treat you differently but that’s because…” he began.


“Because what? I’m young? I’m not a good enough detective for you? Go on tell me.” you demanded. 


“No I… it doesn’t matter. Do you seriously think that we can put that boy on the stand?” Barba questioned finally caving slightly.


“Yes, he’ll just need some help.” You stated


“Fine.Arrest the mother. I’m giving you twenty-four hours to find some more evidence and then I’ll consider charging her with attempted murder and if that fails child endangerment.” Barba sighed still looking concerned and putting his hand to his forehead.


You beamed, “Thank you.”


You climbed into your car and quickly drove off. Momentarily wondering why he treats you differently and silently wishing you’d made him answer.

If you are slightly different, if your face doesn't fit, they judge you and consign you and throw away the fucking key.
They never, ever stop to think that THEY might be wrong, that THEY are making a mistake. Don’t get me wrong, I haven’t been the victim of a massive miscarriage of justice - I’m not saying that - BUT I know what it’s like to be stinking judged before people have even bothered to find out what you are about. They have boxed me off into the ugly group even before I have opened my gob.
SOCIETY IS SHIT
—  Rae Earl, My Mad, Fat Teenage Diary

Honestly prosecutors who decide to sacrifice people’s wellbeing and deny plea deals specifically to “throw the book” at people to score political points deserve to be disbarred and never allowed to practice law again.

So many miscarriages of justice can be traced to a prosecutor looking to become a DA and sacrificing their humanity to do so.

Social Justice Issues That The Houses Will Rant About and Why

Ravenclaws: Antivaccinators

The movement of Antivaccinators is fueled by ignorance and absolute disregard for scientific evidence and clear trends in disease. Ravenclaws will see this as a lack of education, and take it upon themselves to educate them. Any refusal to change position by the other person will be seen as thick-headedness. Ravenclaws despise ignorance and closed-mindedness, and the idea of endangering the lives of others due to ignorance disgusts them.

Gryffindors: Police Brutality

Gryffindors are very hero-oriented. They are the kinds of people who make good cops and firefighters. The police are meant to be a force of protection and justice for the people, not the ones who harm them. This miscarriage of justice would be especially despicable to Gryffindors. If you claim to protect and serve, you have to keep that promise.

Slytherins: Corruption in the System

Success is very important to Slytherins. However, they want to earn their success. They want to reach the top, knowing that it is because they worked harder and were better at what they did than their opponents. The idea that there are people at the top who used unethical and unfair means to achieve their position, as well as hard workers who deserve to succeed being held back unethically because of something they can’t control such as their race, gender, or sexuality, disgusts them.

Hufflepuff: LGBTQ Rights

Hufflepuffs are very family-oriented and are loving and do their best to be accepting and loving of others. They are passionate about people and equality. The idea that someone should not be able to love freely, marry who they want, or have a family of their own because of gender apalls them. Any movement fueled by hate will disgust Hufflepuffs

Disclaimer: This is not a post saying, “This is what you care about, and the others don’t matter to you.” These are simply issues that really rub wrong against the Ravenclaw or the Hufflepuff etc in you. For example: I am a Ravenclaw, and I feel very strongly about all of these issues. However, it was the anti-vaccination movement that made me break my “don’t get into arguments on facebook about political stuff” rule with vehemence.

I feel bad for Hae Min Lee, though. Like, you’re this mildly rebellious 18 year old girl who works hard and wants to be an eye doctor and your only problem (is it even a problem?) is that you’re a pushy, confident type A personality who told your over-bearing ex-boyfriend to fuck off for good when he started getting annoying. Then he killed you for it.

And now, 15 years later, even in the face of a witness, overwhelming circumstantial evidence, your own diary where you complained about his odd, stalkerish behavior, cell phone records, too many contradictory statements from the accused to count and…people still act like this is the biggest miscarriage of justice since the Memphis Three.

Because, you know, a podcast said so

Indonesia goes against every fundamental pillar of justice there is, sending a message to thousands of its incarcerated youth that their efforts of rehabilitation are futile. This miscarriage of justice serves as nothing but court sanctioned murder. Indonesia’s drug problem still stands, yet two rehabilitated internationals do not.

Rest in Peace Andrew Chan and Myuran Sukumaran.