onomatopoeia
Suspended / Banned
- Messages
- 4,430
- Name
- Mark
- Edit My Images
- Yes
No, none of those - at the point where it is proved, beyond a reasonable doubt, that you carried out the crime in question. In the past I'm sure many "innocent" people (Paddy Meehan springs to mind) have been jailed for crimes they did not commit, however DNA evidence is far enough advanced nowadays whereby the likelihood of guilt can be proven to such level that your points don't, imho, really stand up to close scrutiny.
You also seem to be overlooking the human rights of the victim.
Who stands up for them?
DNA evidence is not incontrovertible. In rape cases, where it is often the word of one person against another regarding consent and both agree that intercourse took place, DNA evidence is irrelevant. Plenty of beyond reasonable doubt convictions have been overturned, often years later. Have you heard of the Birmingham six, or the Guilford four?
So someone is convicted and stripped of their human rights (which include things like the right not to be tortured, which I assume you know having read the legislation you are commenting on). After 20 years it is discovered that the conviction is flawed and overturned. How do you compensate them for twenty years of inhumane treatment? What if they are too dead due to inhumane treatment to be compensated? The extreme cases must be considered, because they are where a law will be tested to its limits.
Human rights are for humans.
The entire criminal justice and police system and the weight of almost 800 years of statute law is there to protect the rights of the victim, indeed to try to prevent people from becoming victims in the first place

:nono: 