The El Paso Times published a good headline article, Killers benefited by testifying, the other day.
Let me say first that I am not personally soft on crime, I just think that the government ought to have to prove their charges fairly. Certainly what is deemed illegal for the defense should be illegal for the prosecution.
The article points out that in federal criminal trials witnesses for the prosecution are often rewarded based upon their testimony at trial. These rewards take the form of shorter prison sentences, money, legal resident status as well as other incentives.
Paid to testify
The testimony is purchased by the government and jurors are asked to believe it. If someone from the defense side of the case offers an incentive to anyone to testify, a felony is committed that I believe can result in a five year jail term.
So much for fairness.
The truth
If a citizen lies in a federal investigation another crime has been committed. The penalty for that federal felony? Five years in prison.
Many if not most federal indictees plead guilty to lying about their case rather than committing the underlying crime. Just ask Martha Stewart.
On the other hand law enforcement officials are allowed to lie to you during an investigation. An FBI agent telling you “Your friend is in the other room and has blamed the crime on you”, even if it is not true, is legal.
So much for fairness.
Misprison
You can get sentenced for up to three years if you fail to report a felony that you are aware of.
Prove the case
Once again, please know that I think that criminals should be punished.
I think that the process of proving guilt should be fair. The government should not use these techniques to prove a weak case or to save money and time.
Eternal vigilance is the cost of liberty.
Cato
elpasospeak 