Thoughts?
NB C-notes
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From the WaPo:
NEW YORK -- The Society of Professional Journalists condemned NBC News for
practicing "checkbook journalism" by chartering a jet that carrie...
14 years ago
8 comments:
I don't think the state has the right to request this type of extraneous information from the professor about his syllabus , grades etc.This information is irrelevant to the findings of the journalism students.It appears to be a form of harassment, possibly to discredit the professors ethics in teaching ,to shift the attention from the police department and the work done in this case.
However,In regard to the evidence the journalism students gathered,I do think that this relevant information should be disclosed if it involves the possibilty of innocence, of someone who was convicted of a violent crime.Turning over a murder conviction, requires reliable and definitive evidence. These sources are from 31 years ago,their credibility,recollections and accuracy need to be ascertained appropriately, to assure that this person is indeed innocent
I think the state of mind of the students is completely irrelevant to this man's wrongful conviction, should that in fact be the case.
However, interviews conducted off the record I think should be fair game, especially if they contributed to the overall evidence that suggests the man was wrongfully placed in prison. There might be one very important nugget of information in that which could prove to be the smoking gun.
Therefore, all interviews on or off the record are fair game. But student emails, memos, etc. that is just a blatantly dumb request. I think proscesutors just requested it simply to see how much of it they could obtain. Throw a wide net and catch whatever is possible, I doubt that they will get access to that unless its shown it provides invaluable information.
What's most interesting about this case is that the prosecuters seem more concerned with questioning the students than concern about a possibly wrong conviction. I understand not being happy about retrying a case that was investigated, tried, and decided on so many years ago. However, cases built solely on an I.D. and with no hard evidence, as this case seems to be, have sometimes been overturned on DNA evidence.
The prosecutors contend that "there is potential for great abuse...as private entities conduct their own investigations." If we consdider that it was not in the police and prosecutor's best interest to find additional evidence and possibly overturn the verdict, the only group with a vested interest in uncovering the truth is the public and media.
As a result of the Innocence Project, the judge has to decide if a new trial is warranted and this is precisely how the legal system should work. It should not matter who gathered the new evidence.
The main reason used for wanting the Medill students and professors to turn over notes, emails, and grades, in addition to the evidence is for full disclosure and because the sudents are not protected not being journalists themselves. However, this just seems to be semantics. There can be an argument made that the Innocence Project has become a form of news media, especially when their investigations and reporting have helped free 11 men. Also, compelling the release of information is usually done when it is needed for a person to mount a criminal defense not to help the prosecution undermine the evidence by using the students grades in the course. Instead of using irrelevant information like grades and personal email, the prosecution should do it's job and investigate the real evidence.
In paragraph six of the article, Northwestern University's Medill Innocence Project is in a standoff with Cook County prosecutors, I agree with professor Protess's comment, "I don't think it's any of the state's business to know the state of mind of my students." "Prosecutors should be more concerned with the wrongful conviction of Anthony McKinney than with my students'grades."
Professor Protess's syllabus, student's grades, etc are very irrelevant materials regarding whether or not his students will prove McKinney's innocence.
I think the state is ONLY obligated to review the necessary documents Medill's journalism students and faculty gathered to prove McKinney's innocence. It is imperative the state reviews hard and reliable evidence to rule that McKinney is innocent. The ultimate objective of Medill's Innocence Project is to prove convicted people are innocent.
Will reviewing the students grades, syllabus, etc provide any evidence in the case? I personally don't think so... Any thoughts?
Maybe they think that the syllabus lays out the protocol for how the students did their research? I have no idea, it all seems as if they are just reaching because they don't want to be left with egg on their face. However, I do know that there is a process that goes into releasing someone from prison like this, so perhaps the prosecutors have a method to their madness. I mean they can't just unlock his cell door, maybe thorough is good.....
I guess I will be playing the side of the prosecution. I think first, that this is a very interesting case and a prime example of how this sort of "civilian journalism/ civilian policing" transformation is occurring more and more. We certainly are in a time where there is more transparency than ever before and it seems that this transparency could help to free an innocent man.
I do not really see a problem with soliciting the materials in question from the university. The prosecution needs to establish a complete background for its case (and relevant or not) these materials do allow the prosecution to gain a fuller view of the students, the class, the work of the organization; that would allow for a full disclosure of the case.
While I value and understand the protection of privacy, and am a little uneasy about the release of student grades, i think it is important to bring into question weather or not the professor and the group was harboring any sort of evidence that could weaken their case. (NOT THAT I THINK PERSONALLY THAT THEY ARE) I think it is only fair- as in the essence of the justice system- to bring everything to the table in the pursuit of that justice.
My view is more or less in line with everyone else's here.
The private information such as grades, class syllabus, and e-mails have no place with the evidence for the case. They are completely irrelevant in regard to being able to conduct a proper trial.
However, the information they uncovered in their investigations that is relevant should be all means presented to the courts and lawyers. Invading the students personal lives is another thing entirely.
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