Thursday, April 24, 2014

Great judicial errors: errors of judgment and their individual fates

“The benefit of the doubt” – this is an unwritten principle of rule of law. This presumption of innocence is to ensure that defendants who insist on their debt doubts are not wrongfully convicted


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“The benefit of the doubt.” – So is an unwritten principle of rule of law. This presumption of innocence is to ensure that defendants who insist on their debt doubts are not wrongly convicted.

But what if this principle did not intervene? Because no doubt for the judiciary exist? And the facts seem so clear that there is a final judgment

In such cases, one speaks of a miscarriage of justice: a miscarriage of justice, because of which a defendant erroneously sentenced to imprisonment or even the death penalty.


In fact, media reports repeatedly about such individual fates. Even behind judge benches sit only human, and humans make mistakes.

Some cases provide to the public especially for attention. They are particularly tragic, strange, grotesque or tedious. In Germany as excited as the story of Harry Wörz stir. The 48-year-old is wrongly attempted manslaughter in 1998 to his then wife found guilty.

Eleven years is Wörz then go to jail. But he does not give up, but specifies a revision, submits requests for retrial, puts complaints a …


… and finally reaches a retrial, …


… that will be decided on 6 October 2005 in his favor. To his delight and his wife Anke decided by the District Court of Mannheim that Wörz ‘guilt was not detectable.

But the battle of Wörz against the judiciary is not yet finished. Since his release, he does not argue with the authorities concerning the amount of his compensation for detention. For the period of his sentence he will receive 42,000 euros, which corresponds to a daily rate of 25 euros. But that enough. Because “law enforcement-related disability”, he also gets monthly payments. The amount is not known, except that Harry Wörz will not be satisfied with it. He puts a lawsuit. A case that is attracting great interest over national borders, is that of James Bain (2nd from left). The American sits whole 35 years innocent in jail before being acquitted in December 2009.

In 1974, he will be convicted on the testimony of only nine year old of kidnapping and rape, …


… and that, although he has an alibi for the time of the crime. It was only thanks to a DNA test he is finally released -. Way as 248 innocent detainees being acquitted thanks to a genetic test in the U.S.


His story is told then people all over the world – like here as a guest in “People 2010″ at Thomas Gottschalk.


The fate of this woman, however, is still unclear. Born in Berlin in U.S. death candidate Debra Milke to have 1989, two men incited to murder her four year old son Christopher.

Due to lack of evidence that judgment is hereby repealed in 2013 after 24 years (here with her mother).

Milkes condemnation is always controversial because it is based almost exclusively on a confession that she never wants to have stored.


However, whether pending a retrial, is still unclear. The presiding judge has so far rejected from a final termination of the proceedings.

The fates shown here are not uncommon. Again and again there are reports of people who are serving long prison sentences before their innocence can be proved. This also happened with Jonathan Fleming. The American is released after 24 years because he can prove that he at the relevant time of the crime 1800 km of New York, – the crime scene -. Was staying in Disneyland

breaks during his acquittal on April 8, 2014 Fleming into tears and falls to his lawyer Anthony Mayol’s arms. “The day has finally come. I dreamed so many nights of it.”

Particularly tragic is the fate of Mary Virginia Jones, who was sentenced in 1981 for murder. The American sits whole 32 years in prison before the Justice educates their mistake. Acquitted they will ultimately only because law students take care of their case and refute the evidence. “Unreal,” said the now 71-year-old half a century have to wait for his acquittal of Steven Truscott Canadians in their release. Almost. In 2007, the judgment is declared against him only after long 48 years void. In 1959, he was sentenced as only 14-year-old became the youngest person of the Canadian legal history to death. However, after ten years, he comes thanks to the tremendous efforts of his lawyers on probation out. The way to Truscott acquittal of later, however, begins only in 2000. The Canadian Broadcasting Corporation CBC researched in the context of reporting on the case and finds Notes on estimation error.

Only on this basis reaches of Canadians, 2001, the reopening of the case, which ultimately for the family man (with his three children and his wife here) ends with the annulment of the judgment.


No real happy ending, however, finds the British lawyer Sally Clark.


is indeed released in 2003 after an initial conviction for the murder of her two sons, …


.. . yet she never recovers four years of her imprisonment and false accusations.


After her release from prison, Clark is an alcoholic and died in 2007 at the age of 43 years of alcohol poisoning.


No less tragic is the fate of the young Britons Derek Bentley.


At the age of only 19, he is executed in 1953 despite public protests for the murder of a police officer.


Derek’s sister Iris never believes in his guilt and calls various campaigns launched to achieve a posthumous pardon of her brother.


When this is finally achieved in 1998, only Iris’ daughter Maria can look forward to.


Your Mother already succumbed to her battle with cancer in 1997.


But by the death of Derek Bentley is a sharp debate about the death penalty in the UK fueled. In 1965, the British government finally passes a law (“Murder Act”), which abolishes the death penalty.

The case of Rubin “Hurricane” Carter is on another level with great interest. Hollywood . attention is drawn to the story of middleweight boxer who is under arrest for an unlawful murder conviction 19 years behind bars

Denzel Washington is acclaimed for his portrayal of unjustly convicted boxer Carter in “Hurricane” with film awards – here the Silver Bear in Berlin in 2000.


After his release in 1985, Carter engaged in an association for justice victims. This picture shows him with the murder condemned also wrongly Linda Chamberlain-Creighton in March 2012.

Due to the filming of his story Carter learns great deal of media attention. So the message is picked up by his death from cancer in April 2014, with the great consternation of the public. Whether this young woman needs to be added to the list of spectacular miscarriage of justice will probably never be finally resolved.

“The Angel with the icy eyes” as the U.S. citizen is often called is said to have killed in 2007 along with her then-boyfriend Raffaele Sollecito her roommate Meredith Kercher.


The trial of the two designed to However, a true judicial crime.


After 2009 will initially found guilty of …


… it is found in 2011 in an appeal for innocent and released from prison.


Amanda Knox enjoys her freedom, she wrote a biography are even televised interviews about their fate (here at “Markus Lanz”)


But then the setback. The prosecution is decides in revision and the court: Amanda Knox is guilty


Does the judicial injustice.? What actually happened in November 2007 in the apartment of Amanda Knox in Perugia, Italy? The outcome of this case is still uncertain.

it looks very similar in the case of Peggy garlic. 2004, the mentally handicapped Ulvi K. to life imprisonment for the murder of the girl .

doubts about the actual guilt of the man coming up fast.


There is talk of falsified evidence, a forced confession, the general assets of the accused to commit the offense.


And last but not least: A corpse is not found. Peggy’s mother, Susanne garlic, but does not doubt the death of her daughter.

It remains to be seen whether will show in the current recovery process that Ulvi K. has become a victim of the justice system.

n-tv.de – Picture series



Great judicial errors: errors of judgment and their individual fates

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