Wednesday, September 19, 2007

Justice Delayed

In the United Kingdom, in 1981, Ray Gilbert was jailed for the murder of a Liverpool bookmaker. Ever since, he has maintained his innocence. Sentenced to a minimum of 15 years, he has now served more than 25 because he refuses to admit to, and take responsibility for, the killing. Prisoner H10111, as he is known, currently resides in Kingston prison, Portsmouth, and is believed to be Britain's longest-serving prisoner claiming a wrongful conviction at the moment.

His supposed accomplice has been cleared by the court of appeal - and even the victim's father has grave doubts about the conviction. Isn't it time to reopen this case, asks Eamonn O'Neill… Read the article...

Tuesday, September 18, 2007

The Sufficiency of the Evidence -- What standard is used?

Those of you who followed the Scott Peterson trial know that Judge Deluchi made the statement that the conviction would withstand a direct appeal because the evidence was sufficient for a conviction.

Just what is the standard used?

In determining the sufficiency of the evidence, we determine whether, considering all the evidence in the light most favorable to the guilty verdict, a rational trier of fact could have found that the evidence established the elements of the offense beyond a reasonable doubt. All reasonable inferences and credibility determinations should also be made in the light most favorable to the verdict. Source