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mactheknife

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Reply with quote  #76 

Criminal Justice Act 1988 (c 33)

SECTION: 133 Compensation for miscarriages of justice

   (1) Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
                                                    
   (2) No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.

   (3) The question whether there is a right to compensation under this section shall be determined by the Secretary of State.

   (4) If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.

   [(4A) In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to--

   (a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;

   (b) the conduct of the investigation and prosecution of the offence; and

   (c) any other convictions of the person and any punishment resulting from them.]

   (5) In this section "reversed" shall be construed as referring to a conviction having been quashed--

   (a) on an appeal out of time; or

   (b) on a reference-- 
   [(i) under the Criminal Appeal Act 1995; or]
   (ii) under section 263 of the Criminal Procedure (Scotland) Act 1975; or
   (iii) under section 14 of the Criminal Appeal (Northern Ireland) Act 1980.

   (6) For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

   (7) Schedule 12 shall have effect.

Note: The amendments were made by the Criminal Appeal Act 1995.


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hammer6

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Reply with quote  #77 

If the authorities know all this then why do these two blatantly obvious men not get what they are due?

 

No one can put a figure on being convicted of a MASS MURDER then spend 20 YEARS in prison fighting to clear their names.

 

Forget about spending anymore TAX PAYERS MONEY on flying round the world Jack promoting SCOTLAND for you and your office is a disgrace to the NATION and an insult to the PUBLIC'S INTELLIGENCE.

 

We all know there is a BAD SMELL in other cases and I can personally assure the FIRST MINISTER it will not go away!

 

PAY UP JACK & DO THE RIGHT THING EVEN THOUGH IT STICKS IN YOUR THROAT!

 

Tommy Campbell, Robert Brown and Paddy Hill wearing the new M.O.J.O 'Freedom of Speech' T-Shirts
Tommy Campbell, Robert Brown and Paddy Hill wearing the new M.O.J.O.
 'Freedom of Speech' T-Shirts
 
 
(BY MAGPIE)
 
 
 

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Reply with quote  #78 

For most readers of this article, police corruption stories will be an interesting diversion at best. The reality is that the vast majority of police officers are not corrupt.

 

That is not to say they are super-humans incapable of lying and always scrupulously taking an objective view of the evidence.

 

But that is what the trial process is there for - to see through the deceptions of witnesses, prosecution and defence, civilian and police.

 

Juries now do believe that police officers can and do tell lies – the apparently misleading comments made by the present Metropolitan Chief immediately after the shooting of an innocent Brazilian electrician in London’s Underground in July has contributed to a readiness to refuse to accept at face value the word of a police officer.

 

Juries know and understand that the police are human and have loyalties to colleagues, and are worried about their own careers.

 

They know that officers don’t wake up in the middle of the night having nightmares about a possible miscarriage of justice.

 

But what if you know that your case is one of the few in the premier league – where police corruption proper has taken place and the trial process appears to be just a formality.

 

Maybe you are guilty but face being convicted on entirely the wrong facts on evidence that has been fabricated.

 

Maybe you’re not guilty and the case is entirely concocted by officers who have convinced themselves that you were ‘well at it’. In either case the Court can intervene.

 

(Contribution by Magpie)

 

___________________________________________________

Few people realise that a psychiatric injury like PTSD can be even more devastating than physical injury; however, prospects for recovery are good, especially when you are in the company of fellow survivors or those with genuine insight, empathy and experience.

 

Untreated, the symptoms of PTSD can last a lifetime, impairing health, damaging relationships and preventing people achieving their potential.

 

Although knowledge of PTSD and its treatments is still rare within the medical and mental health professions, when the right counsel is available, prospects for recovery are excellent.

 

Post Traumatic Stress Disorder: the invisible injury, 2001 edition furnishes PTSD sufferers (and their carers, families and professionals) with knowledge, belief and advice to hasten recovery, re-establish relationships and enable people to once more find purpose in life.

 

ferrisconspiracy : VIEW

 

No doubt TC & all other wrongfully convicted people do not know they have this disorder and although there is very little (or no help at all when they are set free) is done to by the SYSTEM to right the wrongs except by the Appeal courts.

 

That help should start immediately but it does not!

 

MOJO has done an excellent job of highlighting the deficiencies of OUTSIDE help once these people have been exonerated and we support them in all that they do.

 


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Reply with quote  #79 

ferrisconspiracy : UPDATE

 

Neither men have been fully compensated to enable them to tackle their new lives and seek the help the urgently need.

 

Get the money to these men NOW its the very least the SYSTEM could do!


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Reply with quote  #80 

Hi All... thanks for all the great posts with regards to TC & Joe Steele.  Some very powerful and emotional information provided within these posts, and Admin fully concurs with Hammer6's last post, which is as follows:

 

Originally posted by Hammer6:

 

Neither men have been fully compensated to enable them to tackle their new lives and seek the help they urgently need.

 

Get the money to these men NOW its the very least the SYSTEM could do!

 

Not only do these men deserve the compensation that they are so rightfully entitled to, but they also deserve an apology from the system, for all the years of mental torture and separation from their families that they had to endure due to the system FAILING THEM IN THE MOST HEINOUS AND INCOMPREHENSIBLE  MANNER


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hammer6

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Reply with quote  #81 

Paul Ferris talks to BBC News Online
"You'll never eradicate (police) corruption, just as you'll never eradicate crime."


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Blair's apology to Guildford Four

Twenty-five years after four young people were wrongfully convicted of the Guildford pub bombings in 1974, Tony Blair has become the first person in authority to apologise for the miscarriage of justice.

In a letter to Courtney Kennedy Hill, the American wife of Paul Hill, one of the Guildford four, he said he was "very sorry" they were wrongly imprisoned.

Details of the apology were revealed in a special two-part edition of BBC Northern Ireland's Spotlight programme last night which told Mr Hill's story.

Mr Hill, Gerry Conlon, Patrick Armstrong and Carole Richardson were given life sentences for bombing public houses in Guildford, Surrey. Each spent 15 years in prison before their convictions were overturned by the court of appeal in 1989.

Mr Hill and Mr Armstrong were also wrongfully convicted of a bomb attack in Woolwich, south-east London. A total of seven people died in both bombings.

Gerry Conlon told the Guardian last night that he was delighted with the news but he expressed anger at the belated timing of the apology and the fact that he and his family had never received one.

"We should have had an apology a long time ago, as well as proper compensation," he said. "It's been driving me mad that there has not been an apology so this thing can be put to bed. My mother in particular should have had one. I'm still going through a terrible time, getting dreadful flashbacks.

"My psychiatrist tells me he has never experienced a worst case of post-traumatic stress syndrome, worse even than those soldiers in the Falklands war."

Mrs Hill is the daughter of the assassinated American attorney general, Robert Kennedy, and niece of the murdered president, John F Kennedy.

The programme says the prime minister wrote: "I believe that it is an indictment of our system of justice and a matter for the greatest regret when anyone suffers punishment as a result of a miscarriage of justice.

"There were miscarriages of justice in your husband's case, and the cases of those convicted with him. I am very sorry indeed that this should have happened."

It is understood that Mr Hill, 45, has received £200,000 as interim compensation for the time he spent in prison and is still awaiting a final settlement.

He told the programme: "No one knows the monetary value you can put on 15 years. I don't think there is anybody alive who can come out of that experience and not be scarred.

well,' you have no idea." "Those who would begrudge me my compensation - their minds are smaller than peas. To those who say, 'Oh, he's living

He said he was numbed by his conviction. "I stood in the court. I was numb. I had no feelings whatsoever. I wasn't sad; I was not depressed; I was cold and numb.

"And I think the most poignant thing was that the judge expressed regret that the death penalty was not an option."


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Reply with quote  #83 

ferrisconspiracy : ARCHIVE

 

CONVICTED ice cream killer Joe Steele hopes to be home for Christmas.....

Steele yesterday spoke out for the first time since his conviction for the mass murder was referred back to the appeal court.

He and "TC" Campbell have spent 17 years behind bars for killing six members of the Doyle family in Glasgow's Ice Cream Wars, but have consistently pleaded innocence.

The Scottish Criminal Cases Review Commission referred the case back to Appeal Court judges last week after examining new evidence.

Lawyers acting for the "Ice Cream Two" are now applying for bail in a bid to have them released before Christmas pending the appeal.

Speaking exclusively to the Sunday Mail yesterday, Steele broke down in tears as he said: "I've been praying for this and it's hard to take it all in. As time went by, I thought my prayers would never be answered.

"Now I just want to get out of here and hold my wife and kids. I want to see our names cleared once and for all and get on with our lives.

"And I hope the people who did kill the Doyles will finally be brought to justice."

His wife Dolly, 39, hugged their son Joe, three, and granddaughter, one-year-old Sammi Jo, and said: "This is the news we've been waiting for.

"But we've had our hopes dashed so many times, I won't believe he's free until I see him walk through the front door.

"I just hope and pray his bail application is granted, and we're given the dignity of being a family once more."

The SCCRC made their decision after reviewing statements from key prosecution witnesses. They cast doubt on certain evidence, including that of Billy Love who has since stated he was threatened by police and offered a "deal" to drop armed robbery charges if he made statements against Steele and Campbell.

Andrew Doyle, 18, brothers James, 23, and Anthony, 14, their father James, 53, sister Christine Halleron, 22, and her son Mark, 18 months, all died when their home in Ruchazie, Glasgow, was torched in 1984.


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mactheknife

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Reply with quote  #84 

This particular position is developed as follows:

 

An encounter with a mass murder leads to an awareness of the limits of human existence.

 

One can never understand these limits as both positive and negative: or one might approach them so as to live as if life were solely one or the other.

 

Some opt for the former position.

 

They recognise the ambiguity of life and, believing that one does not have the power to construe or make their life completely, conclude that they are wholly innocent.

 

The appeals fail, however, they take one further step towards freedom and win the next. 

 

For if one would accept that the dark and negative side of life is irretrievably present, that the human situation is inherently ambiguous, they could then go beyond the guilt associated (wrongfully) with any attempt to construe life so as to eliminate the dark side of police corruption.


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Reply with quote  #85 

Crime appeal pay-outs cut by £5m
Angela Cannings
Angela Cannings is still waiting for compensation
Spending on compensation paid to those wrongly convicted of crimes is to be cut by £5m a year, Home Secretary Charles Clarke has announced.

Those who win their appeals at the first attempt will get no compensation. Others who have spent years in prison will see any pay-outs capped.

Individual awards will be limited to £500,000 to bring them in line with the maximum amount paid to victims.

Campaigners say the cut ignores the impact of wrongful convictions.

These changes will save more than £5m a year which we will plough back into improving criminal justice and support for victims of crime
Charles Clarke

The highest payout given to the victim of a miscarriage of justice was £2.1m.

A discretionary compensation scheme, introduced in 1985, which paid out £2m a year would be scrapped immediately because it had become "increasingly anomalous", Mr Clarke said.

Scrapping that scheme means people will not be allowed compensation if their cases have been quashed while going through the normal appeal process - winning at the first attempt.

HAVE YOUR SAY
There should be a cap but it should be more than £500K
Paul Schleifer, Chiswick

And new limitations will be placed on claimants under a statutory scheme - which will remain in force - which currently pays out £6m a year.

"The changes I have announced today will create a fairer, simpler and speedier system for compensating miscarriages of justice," Mr Clarke said.

"These changes will save more than £5m a year which we will plough back into improving criminal justice and support for victims of crime."

Trial process

Mr Clarke also announced an "urgent" ministerial review of the legal test used by the Court of Appeal to quash criminal convictions which, he said, could lead to a change in the law.

DISCRETIONARY SCHEME CRITERIA
Person eligible to apply if found to be wrongly convicted
Upon application, Secretary of State makes a decision and appoints assessor
Amount paid for "suffering and harm to reputation" judged by factors including:
i) Seriousness of offence and severity of punishment
ii) Conduct of investigation and prosecution of the offence
Source: Criminal Justice Act 1988

He said the review would look into "what extent an error in the trial process necessarily means a miscarriage of justice".

The new system would rule out damages being awarded to someone like Angela Cannings, who was wrongly convicted of killing two of her sons.

She served 20 months in prison for murder before her convictions were overturned on her first appeal.

Her solicitor Bill Bache told BBC News the proposals did not recognise the impact of miscarriages of justice on people's lives.

"Simply because the perpetrator of the injustice against one group of people is the state as opposed to say a criminal in the street or something of that kind, why should there be a distinction between those two?"

This is not something where you spend 15 years in jail and then walk out and continue a normal life
Gerry Conlon

Gerry Conlon, who was wrongly jailed for the 1974 Guildford pub bombings, said the changes were unacceptable.

"This is not something where you spend 15 years in jail and then walk out and continue a normal life," he told BBC News.

"Lives have been ruined, lives are in tatters and we need help."

Human rights group Justice said the proposal "smacks of robbing Peter to pay Paul".

"To disqualify people who may have spent many months in custody from the scheme is a cynical attack on people who have already suffered enough at the hands of the state," said Sally Ireland from Justice.

Shadow Home Secretary David Davis said the announcement was an "extraordinary reflection of the values" of the government.

"Both victims of crime and those who have suffered a miscarriage of justice should be compensated in a fair fashion that reflects the impact of their suffering.

"In the case of a miscarriage, the need is overwhelming because it is the state that instigated proceedings in the first place."

********************************************************

 

Originally Posted by Admin

Hi All... thanks for all the great posts with regards to TC & Joe Steele.  Some very powerful and emotional information provided within these posts, and Admin fully concurs with Hammer6's last post, which is as follows:

 

Originally posted by Hammer6:

 

Neither men have been fully compensated to enable them to tackle their new lives and seek the help they urgently need.

 

Get the money to these men NOW its the very least the SYSTEM could do!

 

Not only do these men deserve the compensation that they are so rightfully entitled to, but they also deserve an apology from the system, for all the years of mental torture and separation from their families that they had to endure due to the system FAILING THEM IN THE MOST HEINOUS AND INCOMPREHENSIBLE  MANNER

 

If the authorities know all this then why do these two blatantly obvious men not get what they are due?

 

No one can put a figure on being convicted of a MASS MURDER then spend 20 YEARS in prison fighting to clear their names.

 

Forget about spending anymore TAX PAYERS MONEY on flying round the world Jack promoting SCOTLAND for you and your office is a disgrace to the NATION and an insult to the PUBLIC'S INTELLIGENCE.

 

We all know there is a BAD SMELL in other cases and I can personally assure the FIRST MINISTER it will not go away!

 

PAY UP JACK & DO THE RIGHT THING EVEN THOUGH IT STICKS IN YOUR THROAT!

 

Tommy Campbell, Robert Brown and Paddy Hill wearing the new M.O.J.O 'Freedom of Speech' T-Shirts
Tommy Campbell, Robert Brown and Paddy Hill wearing the new M.O.J.O 'Freedom of Speech'

 


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Reply with quote  #86 

 

 

Home Secretary Outlines Changes to System for Compensating Miscarriages of Justice

19 April 2006

A package of measures to reform the system under which the Government pays compensation for miscarriages of justice was announced today by Home Secretary Charles Clarke.

The changes, some with immediate effect and others requiring primary legislation, aim to ensure that compensation payments paid by the state are proportionate to the level of injustice experienced by applicants, bringing them more into line with amounts paid to victims of crime.

Measures announced today include:

  • Ending the discretionary compensation scheme
    The state will continue to provide compensation to those entitled to it under the statutory scheme. However, the Government will no longer pay compensation over and above that which is required by international obligations and as such has ended the discretionary scheme. Those not entitled to compensation under the statutory scheme will still be free to seek redress through the civil courts.
  • Restricting payments to those eligible under the statutory compensation scheme
    The Government will bring the compensation paid in miscarriages of justice closer to that paid to victims of crime by restricting overall payouts and the amount paid in respect of lost earnings. The Government will therefore bring legislation forward to cap payments made under the statutory scheme to a maximum of £500,000. This change is fully in line with international obligations.

The Government is also taking action to further limit compensation payments to applicants who have other serious criminal convictions and/or whose conduct contributed to the situation in which they found themselves.

"The changes I have announced today will create a fairer, simpler and speedier system for compensating miscarriages of justice. I am scrapping the discretionary scheme which has become increasingly anomalous and I do not believe that this can continue to be justified.

"We will continue to meet our statutory obligations to anyone who suffers a miscarriage of justice but I will bring forward legislation to cap payments to £500,000 bringing it into line with compensation paid to victims of crime.
 
"The Government is committed to putting victims' interests at the heart of the criminal justice system. These changes will save more than £5 million a year which we will plough back into improving criminal justice and support for victims of crime."

The Home Secretary also announced today a ministerial review, with the Lord Chancellor and Attorney General, to examine the test used by the Court of Appeal to quash convictions.

Such a review was previously recommended by Lord Justice Auld. It will examine to what extent an error in the trial process necessarily means a miscarriage of justice. A full consultation will follow the review if the Government has proposals for change.

Notes to Editors

The Home Secretary announced full details of the changes to Parliament today via a Written Ministerial Statement.

The Home Secretary has previously paid compensation under two schemes: a statutory scheme under section 133 of the Criminal Justice Act 1988 and a discretionary scheme which operates on the basis of the statement made by the then Home Secretary to the House of Commons on 29 November 1985.

The statutory scheme meets international obligations under the UN International Covenant on Civil and Political Rights. The scheme places a duty on the Home Secretary  to pay compensation where there has been a miscarriage of justice in the form of conviction quashed at an out of time appeal because of a new or newly discovered fact not previously known to the person convicted.

Although the Home Secretary decides whether an individual should receive compensation in respect of a wrongful conviction or charge, the level of any award is a matter for the Assessor, currently Lord Brennan of Bibury QC. The Assessor is appointed by the Home Secretary following an open competition and is someone who is experienced in the assessment of damages.

The discretionary scheme predated the statutory arrangements.  It differed from them mainly in that it also offered the possibility of compensation for people who were acquitted following an in time appeal, or who were not convicted at trial, if they have spent a period in custody following a wrongful conviction or charge, and if the Home Secretary was satisfied that it had resulted from a serious default on the part of a member of the police force or other public body.

In 2005/06 around £8m was paid in compensation - £6m under the statutory scheme and £2m under the discretionary scheme. Average final awards have increased from around £170,000 in 2003/04 to more than £250,000 in 2005/06. The highest ever award totalled £2.1m. Average awards to victims of crime are £5,000 and are currently capped at £500,000.


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Reply with quote  #87 

Bill for wrongful convictions soars...

THE Scottish Executive is paying £200,000 a year to compensate people jailed for crimes they did not commit.

More than £1.2 million has been spent in damages to victims of miscarriages of justice since devolution, according to information obtained by The Scotsman. That figure is set to soar on a fresh raft of claims.

 

The rise in damages payouts has been sparked by a steady growth in successful appeals against convictions. In 2000, 54 such appeals were successful, while in 2003 the number rose to 102.

Tony Kelly, a Glasgow lawyer, said: "The volume of appeals going through is greater, so it follows that the amount of money being paid in damages is increasing.

"I have a handful of cases in which we are seeking money from the Executive. We're talking six-figure sums."

Tommy Campbell, whose conviction for killing in the "Ice Cream wars" case was quashed, has been given £200,000, but his co-accused, Joe Steele, has yet to receive a penny in compensation.

A statutory scheme for compensation was set up in 1988 under the Criminal Justice Act, which states that ministers shall "pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction". Claims are considered by an independent assessor.

But despite the commitment to compensating people wrongly convicted of crimes, miscarriages of justice victims are still having to wait years before they receive any money.

David Asbury, 29, spent three-and-a-half years in prison for the murder of Marion Ross, 51, in Kilmarnock in 1997. His conviction was quashed in 2003, but he is still awaiting a settlement.

"I've not been able to put my life back together yet and the wait for compensation has just made it worse," he said.

Related topic


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Reply with quote  #88 

Hi Hammer6 & Admin2... thanks for your posts.  With regards to Admin2's post on 'Bill For Wrongful Convictions Soar', doesn't this only strengthen the fact that  more and more cases of miscarriages of justice are  coming to light, and these innocent people should be rightfully compensated for the time they spent in prison for crimes they did not commit?

 

An obvious point, perhaps, but how coincidental that it was announced recently that the Government plan to 'cap' the amount of compensation that is paid out to the wrongfully convicted, and that the money they 'save' will go to the victims of crime instead. 

 

THE WRONGFULLY CONVICTED ARE THE VICTIMS OF CRIME, and it's an absolute disgrace that these people are having to fight the system all the way in order to get the money they are entitled to. 

 

Originally posted by Admin2:

A statutory scheme for compensation was set up in 1988 under the Criminal Justice Act, which states that ministers shall "pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction". Claims are considered by an independent assessor.

But despite the commitment to compensating people wrongly convicted of crimes, miscarriages of justice victims are still having to wait years before they receive any money.

 

Joe Steele and David Asbury are two cases of serious miscarriages of justice, and as yet, still haven't received a penny in compensation.  WHY?


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Reply with quote  #89 

Hi Admin, I cannot believe that these men who have sustained severe psychological problems as a direct result of being wrongfully convicted have not been fully compensated.

 

The Scottish Executive should pull out all the stops and pay up as these men need more than money they need HELP!

 

Jack McConnell should stop his own wages and that of all the politicians and pay for the crimes that were committed by the STATE!


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Reply with quote  #90 
Quote:
Originally Posted by Admin2

 

The Scottish Executive should pull out all the stops and pay up as these men need more than money they need HELP!

 

Jack McConnell should stop his own wages and that of all the politicians and pay for the crimes that were committed by the STATE!

 

Hi Admin2... thanks for your post, and excellently put too.  As much as no amount of money in the world will compensate these men for the way their lives have been ruined by the state, I do agree that they deserve closure, and paying out the compensation that they are rightfully due would at the very least, be a start.

 

As for the psychological damage that these men have suffered, and sadly, will no doubt suffer for the rest of their lives, the state should be ashamed of themselves for having put these men through the heinous torment that they have had to endure due to POLICE CORRUPTION.

 

The Scottish Executive should have the decency to give these men the closure they deserve.  As you so rightly pointed out, the REAL crimes in these cases were committed by the state.


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