Monday, October 3, 2011

AMANDA KNOX: A WELCOME VERDICT WITH LESSONS FAR BEYOND ITALY; EDITORIAL; HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;


"The lesson, especially for the U.S.A., Canada, the United Kingdom and other common law jurisdictions - let alone other "continental" systems of criminal justice - is a reminder that DNA evidence, whether called by the State or by the defence, must be treated with great scrutiny - especially since the public at large tends to regard it as somewhat of an infallible fingerprint. ........

To be fair to the Italian justice system, this Blog has featured numerous miscarriages of justice tainted by similar flaws in Canada, the United States and other Common Law jurisdictions, where the science has been flawed, the police have demonstrated tunnel vision and prosecutors have allowed their actions both within and outside the courtroom (such as linking information to some media who were only to eager to uncritically swallow it up) to be guided by their personal goals.

THE CHARLES SMITH BLOG;

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PUBLISHER'S VIEW:

The verdict, which clears American student Amanda Knox and her co-accused of murder and rape, orders her release and allows her to return to the U.S., is truly welcome. Of particular interest to this Blog is how the so-called forensic DNA "evidence" which helped convict her fell apart when subjected to an independent analysis. That such flimsy scientific evidence could have been offered to the court - and peddled with such force by prosecutors - in such a serious case, suggests that a view of Italian criminal cases where DNA has been a significant factor should be undertaken to determine if similar wrongful convictions have taken place. The lesson for the U.S.A., Canada, the United Kingdom and other Common Law jurisdictions, let alone other "continental" jurisdictions of criminal justice, is the reminder that DNA evidence, whether called by the State or by the defence. must be treated with great scrutiny - especially since the public at large tends to regard it as somewhat of an infallible fingerprint. The Knox prosecution was also marred by flawed eyewitness testimony and false confessions - common hallmarks of cases where the scientific evidence is weak or non-existent. To be fair to the Italian justice system, this Blog has featured numerous miscarriages of justice tainted by similar flaws in Canada, the United States and other Common Law jurisdictions, where the science has been flawed, the police have demonstrated tunnel vision and prosecutors have allowed their actions both within and outside the courtroom (such as linking information to some media who were only to eager to uncritically swallow it up) to be guided by their personal goals. The only good thing to say about the Italian justice system with respect to the Knox prosecution is that at least the lay jurors and judges had the opportunity to do the right thing and throw the case out.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;