Editorial | New law promises to address miscarriages of justice

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Editorial | New law promises to address miscarriages of justice
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StarEditorial: David and Joyce Milgaard’s Law offers the promise of ensuring that justice, while delayed, will no longer be denied.

Although neither of the Milgaards lived to see the new law, it’s a fitting tribute to them, as both became champions for the wrongfully accused. And if the bill is passed, they will live on through others who seek, and at last, receive justice.

The commissioners will possess powers to compel witness testimony and documentary evidence, and will be able to reach out to potential applicants, rather than simply responding to filed applications. If they believe a miscarriage of justice “may” have occurred, they will be empowered to order a new trial or appeal.

Nonetheless, the bill does omit some important elements, many suggested by LaForme and Westmoreland-Traore andFor instance, while the LaForme report stressed that “it is absolutely essential that the commission be adequately funded” the bill makes no such guarantee. Since inadequate funding has threatened to derail commissions in other countries, this omission must be rectified at the outset.

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