Law in Utter Failure: False Convictions from Incompetence

The report.

http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=23959

The website for the study.

http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=21310

Although the field of the law is called evidence, its meaning is not the same as the ordinary meaning. The core of scientific evidence is repeatability. Repeatability of outcomes across cases also defines justice. So the law and science have superficial similarity in values. However, the power and immunities of the law have allowed it to remain mired in Medieval notions of evidence. The rules of evidence should be rewritten to exclude any anti-scientific unvalidated evidence. The limits of memory should be acknowledge. Lawyer gotcha games should be excluded. And physical evidence should be required in any case involving subjective reports.

Until the Rules of Evidence can be written by scientific people, and not by rent seeking, Scholasticism indoctrinated lawyers in failure, the report represents a checklist of rebuttal of incompetent evidence gathering.

Not only is the lawyer allowing massive criminal victimization, especially of minority populations, but he is convicting innocent people.

All prosecutor, all judge, and all expert immunities should be ended by statute. The victims of the lawyer and of his client, the criminal should be able to get compensated for injuries from their carelessness.