Originally posted by: yukichigai
Originally posted by: ElFenix
Originally posted by: yukichigai
They can dismiss arguments in an appeal if the topic was not raised in the first trial, which means if you have an idiot lawyer in the first trial you're f%$#ed.
how do you think any appeal works?
Okay, in a normal, working court system, if your idiot lawyer overlooks something, and then you appeal because X proves you innocent, the judge doesn't throw out your argument because your idiot lawyer didn't bring up X the first time around.
Actually that happens all the time. You lose your right to appeal an issue if trial counsel doesn't preserve that issue for appeal. The cases where you're going to be able to get someone to listen are the egregious cases where either new evidence has come to light (that the prosecutor may or may not have known about) and that new evidence has a reasonable probability of undermining the outcome of the trial case or if you can get a court to say you had inaffective assistance of counsel in your trial case (which is only possible if his errors are really egregious because all he has to say is that his decisions were "strategic"). The problem is you're also assuming that your appellate counsel won't be ineffective - and the sad state of the criminal defense system is that defense lawyers are extremely underfunded, overworked, and there are no standards in many states - so a judge could appoint a real estate attorney to work on a capital trial.
Usually the prosecution is the side in possession of the evidence - witnesses, DNA, etc. that they may choose to withhold (illegally) because they know it significantly weakens their case and so you may not even know sometimes that there is evidence that proves you innocent. The defense lawyers have to petition the court to get funding for experts to search independently for information (private investigators, etc. - which they are often denied) but when it comes to possession of material evidence at the crime scene, etc. that is taken by the cops and the handed over to the prosecution. There have been numerous times where the prosecution has refused to hand over DNA evidence that could exonerate people. They will fight to the end to not have be proven that they convicted an innocent man. Why? because it's politically not beneficial for them - prosecutors succeed based on number of convictions, not based on number of cases that got justice.
I agree in a working court system things should happen as you've said. I disagree that we have a working court system - especially in capital cases.