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"48 Hours"' Erin Moriarty reflects on iconic CBS News broadcast

October 26, 2012 8:11 AM

To celebrate the 25th season of "48 Hours", correspondent Erin Moriarty shares what makes a good story, the cases that she can't forget, and the pursuit of finding justice.

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by JLVWALSH April 27, 2013 12:26 PM EDT
This past year on this show there have been three cases of wrongful convictions out of New York on this program and Dateline. The recent consolidation of New York's Department of corrections and parole in New York is being held by many people as a positive step towards alleviating the mass incarceration problem in the state. Any consolidation of power has historically proven to be a step towards increasingly oppressive government authority. This recent shift into a facade of " fixing " a problem has merely laid the ground work for ever greater harm to those upon whom it is to be applied. In short, now the community is supervised by the prison authorities, the state, in essence, has become one big prison.

History teaches that power does not reverse itself but only seeks expansion.

In the 1970's, New York changed its " prisons" into "correctional facilities" under the auspices of fixing the problem. The idea was to not just throw people into a cage, but to "rehabilitate" them by focusing on teaching trades and education-to fill the "inmate's" ( no longer merely "prisoners" ) time productively. Instead, it grew into the monster we have today where much more people are imprisoned for much longer time in order to provide upstate New York with an economy. The natural evolution of such an expansion is to stretch the power to encompass the whole state, rather than separate individual prisons. Issues of injustice and wrongful imprisonment are never actually addressed since those are the methods by which the power feeds itself.

It can not be said the New York does not have an injustice or wrongful conviction problem . The amount of wrongful convictions discovered are a small fraction of those that actually exist.

Most are undiscovered since attorneys , courts, police, and prisons have an interest, political and economical, in keeping the convictions they obtain from being revealed as wrongful. The interests are not in favor of justice no matter how much they declare themselves to be the sole purveyors of justice. Time and again the interests prove to be power at all costs.

In 2006, 1* a report concluded that New York's system of indigent criminal defense has failed its constitutional and legal obligations to provide effective assistance of counsel to the indigent accused. With at least 80% of NY prisoners being the indigent accused, there is a substantial amount of convictions that are not only unreliable and questionable, but outright unconstitutional and illegal. It has became standard procedure to arbitrarily dispose of people, and the idea held by many that those merely accused of crime deserve no rights is already a working reality.

The Civil Commitment mandates are an example of steps in this direction. Where people may be imprisoned not upon any actual act crime, but upon an " authority's" idea of the likelihood to commit a crime. While it applies only to sex offenders at first because nobody likes them, once the practice is established and the bugs worked out it will be applied to all. It was not that long ago that the same tactic was applied to required DNA collecting. . DNA was first required by law to be taken from only sex offenders. Then violent offenders, then all offenders, despite concerns of invasion of privacy, ect. The steady progress of tyranny has always been advanced under such pretended goals of safety, security, and fixing problems.

In the beginning it may sound like a good solution to problems of mass incarceration. But with this ground work laid the future is open for ever greater enslavement of the population. It may present an opportunity to have a captive workforce ready in the community that does not need to be given a salary. It may have other results that are not fully known at this point. But the principle is certain that with New York now one big prison,the problems of injustice will prove to have been multiplied.


1*

Commission on the Future of Indigent Defense in New York final report to Judge Judith Kaye June 2006
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by JohnMillennian March 17, 2013 3:45 AM EDT
I cannot accept a death sentence ruling, and I know the Bible says to have one, but corruption is so high today, and at so many different levels of government participation, that too many innocent people are sentenced to die, wrongfully, even if there is only one.

Abuse of the different statutes of limitations is the subject of one of our e-book novels; specifically, a star chamber manipulation of the statute of limitations, among other things. http://youtu.be/Xn0EQUGbLVE

I believe that deviant governance is the main problem, but I am a camper on clueless b each when it comes to solving the problem. Til the final ending of all this legality, the devil will tempt and accuse and God will forgive and instruct. Stay out of jail!
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by Kiskade March 9, 2013 11:50 AM EST
Having followed the Ferguson case ... I am dismayed/puzzled that he the accused shows no emotion whatsoever when the two sinister witnesses (falsely) accused him for the horrific death of an innocent man! Had it been me I would have screamed bloody murder!
Why is Ferguson so out of it?
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by lamtl February 28, 2013 1:41 AM EST
The best system justice in the world???!!! It takes forever to free an innocent man or woman in the States!!! And we're ot talking about death penalty. It's known if you're convicted, it's almost a miracle if you get a new trial (even with new evidences). This poor Mr Ferguson, for example, he's been waiting for 8 years and we're still not sure he'll get a new trial. What a shame...
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by KelleyMihalick February 25, 2013 1:21 AM EST
Erin, I hope you get to read this somehow, someway!
It takes a village to help save someone.
I have an idea: Get the Psychic Twins (Terry & Linda Jamison) involved in solving this case. I think once they hear about it, they will be compelled to help!!! They predicted the 9/11 attack and have since been proven to be very reputable psychics Oprah uses them! And even the FBI uses them to solve cases now. I know they can help. That prosecutor is hiding things i would bet my life on it. I think the Psychic twins are by far the best bet right now! Somebody get this info to Erin or Ryan please!!!!!!!!!!
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by jhsnm February 25, 2013 12:20 AM EST
There is a trail to follow to find the guilty parties. Det. Short stifled this trail. But witnesses still exist that have never been tapped.
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by teddi1juneau February 24, 2013 3:11 PM EST
After watching the Ryan Ferguson episode last night on 48 Hours, I literally sat in my chair and bawled for this young man. I watched the case when it was first aired and I was sickened then that Ryan was found guilty. What an ABSOLUTE ATROCITY. To the judge that denied Ryan's case in the latest hearings.....seriously, WHAT were you thinking?? My heart goes out to Ryan and his family, as well as the family of the victim.
PLEASE. SOMEONE. Help this young man.
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by 1fornicepeople February 24, 2013 12:02 PM EST
I hope that the prosecutor and the judge will be investigated (I don't know how they sleep at night!). Keeping Ryan Ferguson in jail is a travesty! I hope Ryan is reading everything he can study and perhaps make a difference in the future of America, by either writing his story, becoming a lawyer, a minister, etc. and not let his life behind bars become his cage. I hope he reads stories of triumph like Nelson Mandelas, etc. and keep his spiritual life strong. Can he have an IPAD?
These people ruined so many lives...his parents spent everything to free their son and their property will be bought up by some entity that could have connections to this case, who knows? Please follow up on this case! This kept me awake all night! Wrong and evil!
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by 1fornicepeople February 24, 2013 11:17 AM EST
I hope that the prosecutor and the judge will be investigated (I don't know how they sleep at night!). Keeping Ryan Ferguson in jail is a travesty! I hope Ryan is reading everything he can study and perhaps make a difference in the future of America, by either writing his story, becoming a lawyer, a minister, etc. and not let his life behind bars become his cage. I hope he reads stories of triumph like Nelson Mandelas, etc. and keep his spiritual life strong. Can he have an IPAD?
These people ruined so many lives...his parents spent everything to free their son and their property will be bought up by some entity that could have connections to this case, who knows? Please follow up on this case! This kept me awake all night! Wrong and evil!
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by charlotte38 February 24, 2013 1:11 AM EST
There's no question the Judge, DA, and the prison system make more money by not finding him innocent....our prisons in California are full of people just like this young man. We the taxpayers are supporting the "system." And the cost to the families trying to get them released. Horrible.... When and where will it stop? Maybe when the taxpayers money run out to pay all these people.
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