I read yesterday through Facebook in The Independent about a man that got his probation revoked just for being suspected of a crime. Even after he was found not guilty of the crime the revocation of his probation was upheld because the judge didn’t like the verdict. This is a gross miscarriage of justice and it gets worse than that.
He was resentenced after being sentenced to probation for a previous crime because of the suspicion of having committed an armed robbery. I thought once you were sentenced that was it unless there was an appeal. On top of that, he was found not guilty or as it is meant to be innocent of the crime. But, the judge didn’t like that verdict so revoked his probation. Saying he had, in fact, violated it. I am still unclear how he got away with this.
And, instead of people being up in arms about the injustice they just respond with racist remarks in the comments section. If this was a white guy they would be up in arms about the miscarriage of justice though so they just prove that we have a race problem in this country, but that is not my issue with this case. That is just another problem with it.
My problem with it is the miscarriage of justice that happened here. The blatant abuse of power by this judge is outrageous and needs to be put in check by a higher court. And, while the higher court is at it they need to punish this judge for his actions. He acted outside of his authority and the scope of the law in this case. This is not how our justice system was designed to work.
A law student could have destroyed this case with how poorly it was dealt with by the police. Yet the judge feels it the defendant did it so he finds every excuse in the book to send him to prison.
Here is one example the fact that the police showed his Facebook picture and then his Drivers’ License to the victim. I’m sorry but isn’t there supposed to be a lineup of some sort to prevent the victim thinking the cops have the person and are presenting a photo for confirmation as well as making sure the victim picks out the right person from a mix of possible matches to prevent false identification. Instead, they serve the defendant up on a silver platter and just assume the victim who has been traumatized knows ironclad that it is him and not someone that just looks like him. And, from what I read that was their whole case. They didn’t even have forensics to back up anything they were accusing him of. Or even another witness to bring against him.
On top of that, he has been abiding by his probation faithfully and keeping his nose clean. And, I am not saying the police framed him. I just think it was handled sloppily and they got the wrong guy because of wanting to get the guy who did it quickly. It happens since cops are only human. But, don’t punish an innocent man for it. And, I don’t mean he is a perfect angel. He has done wrong in the past and owns up to it and is trying to fix his life now by all appearances.
But hey I will play devil’s advocate for a second. Let’s say he did it and was found not guilty. That doesn’t mean you get to punish him for another crime he already was sentenced for and in the eyes of the law technically hasn’t violated that sentence. That goes against Double Jeopardy. Your hands are tied I am sorry that is how the justice system is supposed to work.
It is clear no matter what color of skin that this judge stepped out of bounds and needs to be put back in line and that this man needs to be let out of jail and let to finish out his probation like he has been doing. That is the bottom line.
I will step down off my soapbox for now but feel free to leave questions and comments below. And, slowly this column is rebuilding as it once was. It will be as big as it was before thanks to you the readers. As for me, I am going to go work on a project I am working on for later in the year and do some reading. *Tips his hat and walks out the door*.