Hypothetical scenario poll: Pardoned for a murder you did not commit

In My Humble Opinion
1

OK, here’s a hypothetical scenario. It’s not as well-written or literary as the stories that Skald the Rhymer gives us, but it still involves a lot of fictional details:

You have been wrongfully convicted of a murder and sentenced to life imprisonment. After spending 10 long years in prison, a choice is offered to you:
**Option 1#: ** You can have a pardon (again, for a murder you didn’t commit) in which you will be released back into society, but must forfeit any claim to compensation for unjust imprisonment, since accepting the pardon means “acknowledging that you were the murderer.” In addition, society will believe that you were a murderer and nothing you can say will convince them differently.

**Option 2#: ** You can continue to stay in prison and fight for your case in an upcoming appeal - and there is a 50% likelihood that you will be exonerated. If you are exonerated, you will be released from prison. The legal system, media and society will publicly recognize your innocence, you will be hailed as the victim of an unjust legal system, and you will receive hefty financial compensation for unjust imprisonment; well over $100,000 for every year spent in prison.

If, however, you do **not **win your appeal (again, there is a 50% likelihood also that you will lose your case), then you will sit behind bars in prison for another ten years. You are only allowed to file an appeal, insisting on your innocence, once every ten years. And ten years from now, you could still lose again, since each time you file such an appeal, you have only a 50-50 likelihood of winning, with defeat meaning another decade behind bars.

So, do you take the pardon and walk out of prison…or take your chances with the 50% odds and continue to fight for your innocence?

2

I accept the pardon…because it’s a sure thing. 50-50 odds really suck.

I’d hate myself for it, because I’m surrendering my lofty ideals and values. But prison is worse.

3

This is identical to the plea bargain scenario.

A crime was committed. You didn’t do it. All the authorities have is that you can’t prove your whereabouts during the time the crime was committed, and under interrogation you misremembered what you did that night so your story has “inconsistencies”. They have no motive, no physical evidence, no proof you even knew the victim, nothing.

Your attorney tells you this is a perfect case of reasonable doubt. Even the judge is reluctant to let the case go to trial - but he is pressured into allowing a trial as he is popularly elected.

You can’t afford bail. So after stewing in jail for a month, the DA comes in, says “this is a heinous crime, we’re gonna get 30 years if we win, and we win 86% of the time”. “Tell you what. You’re a monster, but I’ll let you have 20 years if you fess up now.”

You say no. A few months later, the case moves forward, and some favorable evidence is found making it look less likely that you could have even committed the crime. The DA comes in “well, I’m in a generous mood, how about 10 years”.

A few months later, it’s the day of the trial. DA comes in. “well, I’m in a good mood today. I know I’ve got a good jury pool. You’re gonna go to the slammer for a long, long time. But, how’s probation and time served sound…”

This guydecided that if the prosecution was offering probation, and the case was this weak, surely the jury would see it his way… In his case, he had for reasonable doubt, “the rapist smoked a cigarette afterwards…”. He had asthma so severe that he would have suffered an immediate attack upon smoking, and he died in prison from an asthma attack.

4

Even though there are a lot of potential variables here, I think it’s overwhelmingly the case that everyone would choose a pardon & release. And rightfully so. For one thing, except for white-collar, country club, rich people minimum security, prison is a hellish, miserable shit hole that no decent person should be expected to tolerate for even a short time.

And for another, 90%+ of the public is going to continue to believe what they initially believe regarding your guilt or innocence. If your case is presented in the media as you being likely guilty that’s what everyone is going to remember & believe from then on. It would make no difference to them whether you are later found innocent by a jury or you’re pardoned & released by a politician. But the difference to you in terms of time served is immeasurable…

5

What does the attorney say? Listen. Do.

6

No doubt I’d take the pardon. Its time for me to move on with my life.

7

I take the pardon. That way I can take revenge on those who railroaded me.

8

My first ipulse would be to go with the retrial. 50/50 are acceptable odds.
But in fact I didn’t answer because I don’t think anybody can tell what he would really do if he was actually in this situation.

9

I would probably choose Option 2# because they are in the wrong — and they shouldn’t be given the satisfaction.

After ten years, it’s not going to get worse.

Also: if I have been convicted for a murder undone, and served the penalty for that, then I am owed one free murder once I’m out.

10

Take the pardon, then look for the real killer. On golf courses throughout Florida.