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Another tragic miscarriage of justice: Comment by Richard Eikelenboom

Independent Forensic Services IFS Articles Another tragic miscarriage of justice: Comment by Richard Eikelenboom

IFS Articles

Another tragic miscarriage of justice: Comment by Richard Eikelenboom

Posted By Richard Eikelenboom

In this article in the Daily Mail another miscarriage of justice is described.

This is another tragic example of a miscarriage of justice. As a forensic scientist, I see this too often, also in other states in the US. Something should change. It should be easier to reopen cases and every defendant in a homicide or rape case should have the right to have DNA testing performed. Furthermore, when evidence is thrown away or misplaced this should lead to a new trial automatically. Sadly enough, these type of cases seem not to have any consequences for the persons responsible for the miscarriage of justice. This case is also an example of negative influence of the press. When too much pressure is put on a case by the media this can lead to sloppy work. The media should give the same attention to cases where it is likely that the conviction was wrongful.

It is our experience that is is very difficult to reopen a case once a verdict is delivered. So defendants and their laywers should make sure (touch) DNA testing is performed before the jury gets to the verdict. It takes easily 10 years or more to reopen a case and some cases don’t get reopened, even when there are clear signs of a wrongful conviction.

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