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Creating a Culture of Innocence: Lessons from Hofstra and Duke

Thursday, September 24, 2009

Today I blog at Huffington Post about the false rape allegations against five men on the Hofstra campus and contrast the case to the charges against Duke lacrosse players in 2006. An excerpt:

"Both accusations turned out to be false. Both cases were eventually dismissed. The Hofstra defendants spent three nights in jail before prosecutors dismissed charges. The Duke defendants spent nearly a year under indictment and reportedly millions of dollars in legal fees before charges were dismissed.

"Why the difference? The apparent credibility of the accusers? The relative strength of the exculpatory evidence? I doubt it. The difference between three days and twelve months lived under the long shadow of accusation was simply luck of the draw. The Hofstra defendants drew one set of prosecutors, and the Duke defendants got Mike Nifong."

I should disclose that I am on the faculty of Hofstra Law School, but have no personal knowledge of any of the people involved. Instead, I write about the case from the perspective of a former prosecutor and argue that prosecutors should create a culture of innocence. Read the complete piece here. I'm still earning Huffington Post's love, so I hope you'll take the time to click on the story, become a fan of my blogs for them, or post a comment in response.

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posted by Alafair Burke at 12:47 PM

2 Comments:

Anonymous Anonymous said...

Upon what evidence did the Nassau County District Attorney base the arrest warrants? And has the warrant been published? The false accuser said she was tied up. Did any investigator notice that there were no rope burns before rushing off to arrest and incarcerate four innocent men?

Why did the judge that signed the warrants not ask any questions.

Or was it a case of a DA with an impending election jumping at the chance for TV face time and newspaper ink and taking the only the untested word of a complaining witness?

Just like Mike Nifong did 3 1/2 years ago.

I submit the Nassau DA, the investigating detectives and the judge who signed the warrants should be questioned on why they did what they did.

Walter Abbott

September 24, 2009 at 4:45 PM  
Anonymous kathy Collings said...

I just watched the TV episode of Law & Order SVU from 9-23-09. Now, I know the vignettes from prime TV are usually pretty superficial. But this episode touches on your blog topic. It is an interesting peek into the problems that mount with witnesses identification even cross ethnic ID, police rush to close a case, and prosecutor only partially aiming for justice. It was much more interesting to watch after reading your blog yesterday.

September 25, 2009 at 8:17 PM  

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