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“Whoops, I made a mistake!” This is not something you want to hear from your doctor - or your attorney.
“Do no harm” should be the motto for both professions.
When a doctor nicks an artery, he is held accountable for making a serious error. Attorneys, though, keep on practicing without repercussions or sanctions.
The Wyoming Supreme Court overthrew the case of the Casper businessman because of a mistake in the lower court. Someone did not double check the language of the law, and zealously went ahead and charged the man.
We will never know whether this man is guilty or innocent of the crime, because the justice system said, “Whoops, made a mistake!” Consider the impact on his accuser, the ruination of his life, and the wasted money and resources.
It is curious how such oversights happen, but from my nine years of observing our judicial system, the police, attorneys, and judges tend to ignore parts of the law that don’t fit their scenario. Important obscure words like, “intentional, willful, and reasonable” are frequently overlooked. “Guilty beyond a reasonable doubt,” I believe, is buried deep beneath those dusty, outdated law books.
Blatantly ignoring portions of the law and violating people’s Constitutional rights are two main reasons why 2.3 million Americans are in prison, and 12 million churn through America’s jails yearly. Our “justice” system incarcerates more citizens than any other country. But did you also know, the 25 entities that rank above the U.S. are American states, with Wyoming, the Equality State, ranking #13 for overall incarceration, and #2 for incarcerating women in the world.
Just as astounding is that an estimated 230,000 people, or one tenth of the prison population, are innocent! How would you like to spend time behind bars for a crime you did not commit?
From the officer who writes the ticket to the judge that passes sentence – they need to understand people are not just a ticket that fills up space in their book, nor a star in their cap when they win a case. We are real people with real lives, and when you falsely accuse us, your “mistake” ruins everything.
If someone repeatedly says “I did not do the crime,” why are they ignored and convicted as guilty?
A tangle with the law follows you forever. Whether guilty or innocent, life will never be like it was before the nightmare started. People look at you askance because now you carry a label, and the stigma never goes away. Just like the surgeon that nicks a nerve and cripples you for life, the wrongfully convicted never have their life back. Crippled for life by the law.
Wyoming has few checks and balances for prosecuting attorneys. Judges are appointed for their first time, we believe they are doing their job, we re-elect them, and ask for no accountability whatsoever.
Legal and judicial reform in Wyoming should consist of mandatory quality controls, accountability, consequences. Standardizing jails. And above all, protecting people’s rights.
Carol Pickett
Editors note: This is an opinion piece and is only the opinion of the writer. Numbers and statements included herein have not been verified and may be outdated or inaccurate.
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