Friday, 26 January 2007

A Question:

A Question:

Why does our legal system punish an inmate for his/her lawyers' mistake? The inmate may be totally legally illiterate, have no clue to what was in his appeal, and certainly knew what to appeal. "Procedurally barred" is a legal term to prevent many valid claims from being ajudicated.

In the instant North Carolina case, incompetent lawyers failed to present potentially mitigatng evidence. The defendant did not, and because this is a death case, no evidence should be procedurally barred on a lawyer's inepitude. This is not justice, but a game , played out under an aura of fairness.

Why does this charade continue?

G M Larkin MD

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