TobyBartels comments on Procedural Knowledge Gaps - Less Wrong

126 Post author: Alicorn 08 February 2011 03:17AM

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Comment author: TobyBartels 08 February 2011 11:09:22PM *  14 points [-]

Especially if you are guilty, you should ask if you are free to go, and if you are not, ask for an attorney. This is advisable even if you are innocent if the crime is significant.

I want to emphasise this. The prisons in the U.S. (and probably most countries) are full of people who believed that they were safe, despite being suspected, due to their innocence. Remember, innocence is no excuse if they find you guilty anyway. (This is even true after the fact; new evidence of innocence is not enough to get a new trial, as long as your rights were not violated in the old one, according to the Supreme Court.)

Comment author: Baughn 12 February 2012 08:04:12PM 2 points [-]

new evidence of innocence is not enough to get a new trial, as long as your rights were not violated in the old one, according to the Supreme Court

Wait, what? [citation needed]

Comment author: TobyBartels 18 February 2012 03:19:15PM *  3 points [-]

Herrera v. Collins, 506 U.S. 390 (1993)

Four months later, a person who was legally guilty (so found by a jury in a valid trial) but actually innocent (probably) was killed by the State of Texas.

This is the best short coverage that I found in a few minutes' Googling (using the defendant's full name): http://www.executedtoday.com/2009/05/12/1993-leonel-herrera-v-collins/

ETA: As the court's opinion points out, there is a procedure for relief when one finds new evidence of innocence: clemency. Good luck getting that in Texas!