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Merged Remember the West Memphis 3?

I acknowledge that it is a paradox

Then again, which is it? Did the prosecution offer the plea because they had too little chance of winning a retrial, or did the defendants accept the plea because they had too little chance of winning a retrial? Was it both somehow? The chance of the prosecution winning was too low for them to risk a retrial, AND the chance of them winning was too high for the defendants to risk a retrial? ?????????
Checkmite,

Yes, that is it. Given anything less than (say) 99.999% odds of winning, the defendants were probably better off taking the deal.
[Soapbox] I don't think that they are the ones who should feel ashamed. Frankly, I think citizens of the United States should be disappointed (and perhaps ashamed) that we have such a poor appeals system in this country. We also ought to rethink the way we handle indigent and possibly lower middle class defendants. [1/Soapbox]
 
I think it was more of a situation where it was a good deal for both parties. The prosecution gets to make a statement about how they truly believed the boys were guilty, that there was no miscarriage of justice, and more importantly, that they had not made a mistake (they pleaded to the charges, they MUST be guilty!)

The defendants, on the other hand, get to go free almost immediately and return to a life with at least some normalcy in it. They could have refused the deal and waited a year in jail for the new trial to conclude to find out that they got a jury that for whatever reason wanted to convict them. It's probably a small chance, but they'd be betting their life on it.

It is a win-win and that's why it ended up as it did.

If the prosecution case was really as weak as the various advocates assert then their supporters should have bought them better lawyers. Celebrity stoners like Depp and Vedder have plenty of money. Couldn't they find a single lawyer in the whole United States who thought it would be in the best interests of the WM3 to challenge the evidence if it's so flimsy?
 
I would imagine so. Whether they'll be allowed to contest it is another matter.

Sure they will. All they have to do is talk to their lawyer and say they retract their guilty pleas. They're on probation right now so this would not be a problem.

Let's get them back in there. Joining the cause?
 
I know you're generally enthusiastic about innocent people being locked up, but I'm afraid you're on a loser with this one. They're out now and I don't think they're going back in, no matter how much you campaign for it.
 
LOL, that celebrity stoners have so much money, it's so unjust :) It takes some wit to arrive at that big money that bothers some so much, it's not enough to be just a stoner :)

As for the WM3, is it really so irrational for them to expect that the justice system that failed them for 18 years might again not work so well, despite the non-existent case against them?
 
It seems to bother Stilicho that a group of people who were convicted on flimsy evidence have been released. I don't really know why that should be so....

Rolfe.
 
It seems to bother Stilicho that a group of people who were convicted on flimsy evidence have been released. I don't really know why that should be so....

Rolfe.

I think the important commonality between this group of innocents and the other obsession may be the satanic witchcraft cult orgy part. Or was it that young sex killer flesh or something :rolleyes:?
 
Incorrect! I didn't press the mere fact of lying; I most certainly did consider context: they lied to stay out of jail. That is important context!

And of course I lied like a rug when I was a kid...in order to get out of trouble for something I did wrong.

But that's exactly they point. They lied because their lives were on the line. I would expect many, if not most reasonable people to lie in the same situation. Therefor, when someone tells a lie in such a context in which any reasonable person would likely tell the same lie, to me, that does not hurt their credibility.

People do not only lie to get out of trouble for something they actually did, so the fact that this is the only reason you have ever lied (which I frankly don't believe), and you only lied as a kid (which I also don't believe) does not mean that this is the only reason people lie. People lie for all sorts of reasons. Sometimes people lie and say they did something they didn't. My sister lied in a way that got her into more trouble. She was caught with weed in high school (though she was old enough to be charged as an adult) and got arrested. She was offered to have all charges dropped if she turned in the person who sold it to her, which my parents greatly pressured her to do. But the person who sold it to her was just some other high school kid, a friend of hers, who could score her some weed. She lied and said she didn't know who the person was, she bought it from some random person, so her friend wouldn't get in trouble. And as a result, charges were pressed against my sister.


yes

Even a very low chance of losing a retrial to too much when your life is at stake. It's not just the probability of win/loss that counts, it's also the consequences of win/loss.

Say, someone offers me a choice: One choice is I get $10 up front. Other choice is I open 1 of 100 boxes at random. 99 boxes contain $1000 each. 1 box contains a bomb which would kill me.

I would take $10.

This, exactly. It's not just about the likelihood of losing, it's the consequences of losing. If the consequences of my making a decision is that I spend my life in prison and so does my buddy, and my other buddy dies, then even if the chance of my success was 99%, it would not make me make that decision if another decision offers me a 100% chance of me and my buddies being free.

And has been stated to you over and over again, considering the experience these men have already had with the justice system, they are likely to be far more pessimistic about their chances than reality may reflect, which would put them in even more of a mindset to make a deal.

In other words, one can never completely recover one's good name, despite the fact that the evidence of innocence was overwhelming in this case. Anyone can PM me if interested in the details. MOO.

Exactly. Examples have already been provided on this thread of people who did in fact, win their appeals or got new trials and who were actually exonerrated, and for whom evidence of innocence was overwhelming. The people who believed they were guilty before mostly still believed they were guilty afterwards.
 
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Any injunction against these guys making a teeny bit of money telling their story is academic at best. There are many many many many ways they can be compensated without the prosecutors getting a dime.

A lot of people with interest in this case are in positions to offer such help, and many have already offered it. I hope they can go this route and get some tiny semblance of happiness, hopefully someplace far away from the crazy community that imprisoned them
 
I would expect that a 3rd installment of 'Paradise Lost' would be an obvious start. I'm not sure if any of the revenues generated from the first two were earmarked for the three, but I'm pretty sure given the level of public interest & the stars involved that there will be a book & a movie deal that will ensure that the three of them are sufficiently looked after. Winning a wrongful incarceration suit against the state may not have been as lucrative, given the lawyers cut - even after 18 years.
 
Also, would they have been awarded compensation? I know Britain is very difficult in similar situations. Sion Jenkins was wrongfully imprisoned for eight years, and was refused a penny after he won at his re-trial, on the grounds that "he was not clearly innocent". As he said, there's no mechanism for him to prove "clear innocence". The court wasn't asked to answer that question.

It seems that in Britain you only get compensation if they find the real culprit and it's obvious you weren't involved, or you manage to prove an unbreakable alibi.

Rolfe.
 
articles on investigator bias

Link here to an article on cognitive bias and this case specifically. Here is a link that discusses forensic reform by Roger Koppl. A shorter article by Koppl and Balko can be found here. Here is a recent article by Radley Balko. Balko wrotte, "But the main problem driving nearly all the recent forensics scandals is a built-in bias in favor of winning convictions. In too many jurisdictions, medical examiners report to the attorney general or to the state official who oversees law enforcement."
 
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I would expect that a 3rd installment of 'Paradise Lost' would be an obvious start. I'm not sure if any of the revenues generated from the first two were earmarked for the three, but I'm pretty sure given the level of public interest & the stars involved that there will be a book & a movie deal that will ensure that the three of them are sufficiently looked after. Winning a wrongful incarceration suit against the state may not have been as lucrative, given the lawyers cut - even after 18 years.
Think the 3rd installment is already in the books. Was scheduled for December. Wonder if this will affect that release.
 
hair and fingerprint analysis are affected by outside information

Wow, one more click from there, and look what I found.

http://reason.com/archives/2009/08/24/lockerbie-and-old-lace

Rolfe.
Rolfe,

That's very interesting. Balko wrote, "Koppl also cites a 2006 British study by researchers at the University of Southampton who found that the error rate of fingerprint analysts doubled when they were told the details of the case they were analyzing." Hair analysis is also subject to the same problem, according to the article by Koppl on CSI. Did you already know about the fingerprint issue with respect to Lockerbie?
 
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