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The Crossway Podcast

3 Things That Must Change about the American Justice System (Matt Martens)

The Crossway Podcast

Crossway

Books, Arts, Religion & Spirituality, Christianity

4.8653 Ratings

🗓️ 29 November 2023

⏱️ 12 minutes

🧾️ Download transcript

Summary

Today, we're pleased to share with you an audio essay written and read by Matthew Martens, entitled, "3 Things That Must Change about the American Justice System". Matthew T. Martens (JD, University of North Carolina School of Law; MABS, Dallas Theological Seminary) is a trial lawyer and partner at an international law firm in Washington, DC. He has spent the bulk of his more than twenty-five-year legal career practicing criminal law both as a federal prosecutor and as a defense attorney. He served as a law clerk to Chief Justice William Rehnquist at the US Supreme Court and also as a political appointee in the criminal division of the US Justice Department under Attorney General Ashcroft. His new book with Crossway is called 'Reforming Criminal Justice: A Christian Proposal'. Read the essay here. If you enjoyed this episode be sure to leave us a review, which helps us spread the word about the show!

Transcript

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0:00.0

Today, we're pleased to share with you an audio essay written and read by Matt Martins,

0:07.3

entitled Three Things That Must Change About the American Justice System.

0:11.6

Matt Martin's new book is Reforming Criminal Justice, a Christian proposal.

0:20.8

Three things that must change in the American Justice System.

0:25.6

Written and read by Matt Martens.

0:27.6

The American justice system has an accuracy problem.

0:30.6

Since the advent of forensic DNA technology in 1989, 3,284 people, have been exonerated after having been convicted of crimes.

0:41.3

These aren't cases of people who later got off on legal technicalities.

0:45.3

These are people who did not commit the crimes, but collectively spent more than 29,000 years in prison before their innocence was discovered.

0:53.3

Last year was a record-setting year for exonerations, with 29,000 years in prison before their innocence was discovered. Last year was a record-setting

0:55.9

year for exonerations, with 234, an average of nearly one every business day. Since the death penalty

1:04.0

was reinstated in the United States in 1973, 2% of people sentenced to death were innocent of the

1:10.1

crimes for which they were condemned. We know this

1:12.8

is a fact because of their subsequent exonerations, usually after decades spent on death row. Statistical

1:20.1

modeling based on the exonerations to date suggests that the number of innocents among those

1:25.0

sentenced to death is actually more like 4% or one out of every 25.

1:29.3

What's especially astounding about this error rate in capital cases

1:33.3

is that these are the cases to which the justice system devotes the most resources to get it right at trial.

1:39.3

The American justice system has an accuracy problem.

1:42.3

And this accuracy problem is a justice problem, a biblical justice problem. The good news is that the cause of our accuracy problem isn't entirely a mystery. Knowing the problem means we can fix the problem. And three changes to our system could go a long way toward fixing the accuracy problem.

2:01.6

First, we must provide the funding needed to assure minimally competent lawyers for the poor.

2:07.6

The overwhelming percentage of those charged with crimes are unable to afford a lawyer.

...

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