Thank you very much for that Eleanor,
A very interesting posting. I agree that evidence is key, but I also belive that in cases involving human beings to use your instinct as well. The two combined helps police all over the world to set in mention an investigation and by using logical analysis decide to prosecute or not. I very much agree with you on the appalling rate of miscarriages of justice, especially in America, where the system is dare I say 'deeply flawed'. Having lived in America for some years, I got to witness many miscarriages. I used the term 'miscarriages' not just wheree the state have convicted an innocent person but where a clearly guilty person has gotten away with it. (OJ Simpson being the most notable example) It is a judicial system based on presentation, plea bargaining, acting and drama. This is why large trials in America focuses rather uncomfortably on the jury members and often interviews them and in some cases have paid ex jury members to make their own TV shows. It is a system that allows the 'attorneys' to become a high focus of attention (Who can but fail to remember high-priced antics of Johnny Cochran at O.Js trail?)
Moreover, miscarriages of justice especially involving the death penalty are rarely corrected and is the decision of the State Governor, who may have an election on the horizon and wants to appear 'tough on crime' (A certain George W. Bush was a class example of this. He refused to grant clemency to all of those who appealed during his tenure as Governor of Texas) Personally I believe the judical system in many countries are appalling. Norway seems to have completely lost the plot. Neo Nazi Anders Brievik was recently found guilty of the murders of 77 - yes that is 77 people whom he callously shot dead one by one in the infamous massacre a few years back, received 21 years, less than a person convicted of manslaughter or distributing Class A drugs in the US.
Now until we have a sensible, credible and accountable judiciary miscarriages of justice will undoubtedly occur (The most heartbreaking was the case of Stefan Kizsco who served 16 years in prison after he was wrongly convicted of the sexual assault and murder of 11 year old Lesley Molseed. His ordeal was described by one MP as "the worst miscarriage of justice of all time" Another man was later charged and convicted of her murder. The years of incarceration for something he had not done had both mentally and emotionally destroyed him. Kiszko became a virtual recluse and showed little interest in anything or anyone. Tragically Stefan died just one year after he was released and before he had received a penny in compensation for his suffering. I think it fair to say that we are all here to prevent another case like that of poor Stefan Kizsco.