Template talk:Criminal procedure (investigation)
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[edit]I have added Stop and Search, although the article clearly needs much work. The same could be said for Search and seizure. I would suggest that both would be better if renamed "Search of persons" and "Search of property" and adopted to give a worldwide view.ElectricLemon (talk) 18:33, 10 December 2007 (UTC)
Exoneration
[edit]I have boldly added a link to Exoneration, although the article does not exist yet, because I feel it should absolutely exist (be it only to list people who were exonerated, say, from a Death sentence), and I can't write it, not being an expert on judicial matters. --Robin.rueth 13:13, 30 January 2006 (UTC)
Mr BD2412, maniacal Wikipedian and deleter of exoneration, I protest. Exoneration has a place in criminal procedure; we just have to decide what to call it. I think that readers would be saddened to hear that there is no procedure for someone once convicted but later discovered to be innocent to be exonerated. If there is no such procedure, let's write an article explaining why. I think we could point out that there are procedures, such as convincing the DA to agree to reopen and dismiss the case, constitutional habeas corpus in cases of "actual innocence" (explain the Antiterrorism and Effective Death Penalty Act of 1996, or AEDPA), and presidential or gubernatorial pardon. (Your actual innocence article is extremely stubby and neglects the origin of the term in federal habeas law.) The remedies are uncertain and complex, and above all procedural. Is it true that a person who is convicted in a fair trial has no right to a remedy when later shown to be innocent? At what point is it unconstitutional (Cruel and Unusal Punishment?) to punish an innocent person who was given all the other rights of an accused but was wrongly convicted nonetheless? Has that ever happened? Were all the examples of people exonerated by DNA evidence or otherwise cases in which there was prosecutorial misconduct or some other way to account for the wrongful conviction? I think the subject should be addressed. Last time I wrote about AEDPA I got a huge headache and a visceral hopelessness that has abided in me for years. Anyone? Anyone? Mrees1997 20:34, 8 February 2006 (UTC)
HERRERA V. COLLINS, 506 U.S. 390 (1993) is the case I was thinking about. I should have looked it up earlier. Mrees1997 20:46, 8 February 2006 (UTC)
Somebody already wrote it up for wiki: Herrera_v._Collins. Read that and see if you aren't outraged. Mrees1997 20:49, 8 February 2006 (UTC)