COMMENTARY: "David Camm trial illustrates problems with the American justice system," by Shawn Boyne, published by The Indianapolis Star on October 25, 2013. (Shawn Boyne is a professor of law with the Indiana University Robert H. McKinney School of Law.)
GIST: "More than 12 years after Charles Boney fatally shot Kimberly, Brad and Jill Camm, a jury has set former state trooper, David Camm, free from prison. In her closing argument, Stacy Uliana, one of Camm’s defense attorneys, claimed that “the state is trying to tell you a story.” The question remains, what kind of story did the state try and tell in this case and did that “story” serve the cause of justice. While I’m sure, that after spending over a decade in prison, Camm does not feel like a “lucky” man, in many ways, he is. Most individuals in his predicament, whether innocent or guilty, would have “confessed” and pled guilty. The “modern” American system is set up just to accomplish that result.........The fact that David Camm stuck to his claim of innocence and refused to plea is an anomaly in the present day where the disparities in resources and the inherent coerciveness of the system work to produce plea agreements.........Yet, juries too, may be an imperfect diving rod. Especially if, as in the first two trials for Camm, judges allow jurors to hear specious claims of motive designed to paint the defendant with a broad stroke of guilt and moral condemnation and overcome a lack of physical evidence. I cannot say with certainty that Camm is innocent, but I can say that the state overreached in the first two trials and that overreaching did not serve the cause of justice.While the Camm acquittal may be one small step forward for the cause of justice, as a country, all too often we short-circuit the truth-finding process."
GIST: "More than 12 years after Charles Boney fatally shot Kimberly, Brad and Jill Camm, a jury has set former state trooper, David Camm, free from prison. In her closing argument, Stacy Uliana, one of Camm’s defense attorneys, claimed that “the state is trying to tell you a story.” The question remains, what kind of story did the state try and tell in this case and did that “story” serve the cause of justice. While I’m sure, that after spending over a decade in prison, Camm does not feel like a “lucky” man, in many ways, he is. Most individuals in his predicament, whether innocent or guilty, would have “confessed” and pled guilty. The “modern” American system is set up just to accomplish that result.........The fact that David Camm stuck to his claim of innocence and refused to plea is an anomaly in the present day where the disparities in resources and the inherent coerciveness of the system work to produce plea agreements.........Yet, juries too, may be an imperfect diving rod. Especially if, as in the first two trials for Camm, judges allow jurors to hear specious claims of motive designed to paint the defendant with a broad stroke of guilt and moral condemnation and overcome a lack of physical evidence. I cannot say with certainty that Camm is innocent, but I can say that the state overreached in the first two trials and that overreaching did not serve the cause of justice.While the Camm acquittal may be one small step forward for the cause of justice, as a country, all too often we short-circuit the truth-finding process."
http://www.indystar.com/article/20131025/OPINION03/310250042/David-Camm-trial-illustrates-problems-American-justice-system
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
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