Tuesday, February 20, 2024

Horrors of Injustice

Here in Minnesota, we had a recent case where a man, implicated in a (statutory?) rape of a 14 year old girl, barricaded himself in a home with (his?) seven children and killed two police officers and a paramedic.  The suspect is deceased, but thankfully none of his children are physically hurt.  

That noted, what's of note in my mind is that while the suspect's record is not remarkable--a misdemeanor disorderly conduct conviction, some traffic convictions (also misdemeanors), and a 2007 felony assault conviction--there is an interesting pattern of "what was not done?" that merits discussion.  Specifically, at least two women requested protection orders after being involved with him since 2013, a reality that a judge honored when he refused to restore the man's firearm rights, but an interesting question comes to mind:

Did the judge look up the man's criminal history and ask the applicants for protection orders whether the man owned or possessed firearms, and did anyone visit afterwards if a positive answer was given?

I've done a bit of thinking about what is to be done about under-investigation of allegations, which of course benefits the guilty and hurts the innocent, and how to persuade the criminal justice system to take investigation seriously.  I can think it might have to do with:

  • Jurors might refuse to convict based on very thin investigations.
  • Defense lawyers might point out a thin investigation as evidence the prosecution hadn't done its job per Brady v. Maryland and Kyles v. Whitley.
  • Prosecutors might say the same to the police when cases are handed over.
  • Judges might rebuke prosecutors who bring thinly sourced cases to court.
  • The state might impose audits of cases to make sure cases are getting adequate investigation.
But all in all, I can hardly imagine a better argument for good investigations than this:

If the police and prosecutors do not insist on sound investigations, the failure to punish the guilty and acquit the innocent may periodically get police officers and other first responders killed.

Might be better than a law requiring audits.  I still favor periodic audits, but there might be something even better.

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