Why the justice system resists admitting its mistakes
A defense attorney and ex-prosecutor describe prosecutors' egos and immunity in the Ohio 4 case, Rod Blagojevich calls his case rigged, and Woody Harrelson recounts the Kids for Cash scandal. The pattern shows how incentives keep errors from being corrected.
Why does the justice system resist admitting mistakes, according to this insight? Show answer
Because the people who run it are rewarded for winning, face few consequences for errors and have personal and institutional reasons not to say they were wrong.
What does Josh Dubin see as the central problem with prosecutors? Show answer
Immunity. He says there are no consequences for prosecutors, even when they fail to turn over evidence pointing to innocence, which they are constitutionally required to share.
Why does Dubin say the grand jury fails as a check? Show answer
The standard is much lower than for conviction and the process is one-sided, since the defense cannot present evidence or be in the room.
What was the Ohio 4 conviction built on? Show answer
Mainly the testimony of a paid informant's son who came forward after a $2,500 reward, admitted at the first trial he had made it up, and later recanted to the FBI and in an affidavit.
What did a federal appeals court say about one of the Ohio 4? Show answer
That he had presented a credible claim of actual innocence, citing the recantations and evidence he was in New York hours before the killing.
What did J.D. Tomlinson do that an Innocence Project lawyer called unheard of? Show answer
As prosecutor he apologized in court to two people he exonerated, then stipulated to their innocence so they could be compensated.
Why does Tomlinson want prosecutors to have defense experience? Show answer
He says 15 years as a defense attorney showed him how easily wrongful convictions happen, and that seeing cases from that side permanently changes how you prosecute.
What happened to the joint motion to give the Ohio 4 new trials? Show answer
The judges did not grant it before Tomlinson's term ended, and the incoming prosecutor withdrew the state's support on his second day in office.
What is Rod Blagojevich's main complaint about his prosecution? Show answer
He says prosecutors played only about 2% of the wiretap recordings and that the rest remain sealed. The article says to weigh this as a defendant's account, not a finding.
What is Joe Rogan's theory of why wrongful prosecutions happen? Show answer
The human drive to win. He says the system rewards success and a case that falls apart hurts a career.
How do the speakers differ on the cause of the problem? Show answer
Blagojevich describes deliberate corruption, while Dubin and Tomlinson mostly describe ego, loyalty and the difficulty of admitting error. Tomlinson says the system works most of the time.
What should someone under investigation do first, according to the article? Show answer
Talk to a qualified criminal defense attorney before saying anything, given how easily probable cause can be established.