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Please note that any comments and expressions in this blog do not constitute legal advice or consult.
Las expresiones y/o comentarios vertidos en esta página no constituyen una consulta legal.

Thursday, November 10, 2011

Inhumane treatment?

The past few days, the news have been filled with legal events like the guilty verdict against MJ's doctor or some more perturbing like the whole Penn State issue. However, the one that struck me the most was the death of 8 Puertorrican inmates while they were being transported back to prison from the Courthouse. Why? Because the way they died was not even how animals should die. Judging from the comments made by neighbors that risked their lives to try and save these people, it seems they were left to die.

Some may jump at the word PEOPLE. Yes, just because they are inmates (included one that was just released by court since the debt that had put him in jail in the first place was paid), it doesn't mean that they are ALL bad or evil and that they are not PEOPLE. Some become criminals due to the economy, others have an addiction and do anything to keep it up (which in my opinion, should be treated as a medical condition and give them treatment to get them better), and others become criminals after they have been abused, mistreated or gone through some sort of trauma in their lives.

According to statements made by the Department of Justice, there is a protocol that correctional officers must follow in situations like these. Said protocol was not followed. First of all, due to recent rainfall one of the rivers in the Island was overflowed making it difficult to go through (I should say impossible), however, the correctional officers that were driving decided it was the fastest way to go through, and made a bad choice. I would say this qualifies as negligent or driving recklessly, falling under the crime of negligent homicide in PR's Penal Code. And second, they were handcuffed and chained by their legs to their seats which made it impossible for them to swim or try to stay afloat when the river hit the van that was transporting them. And third, when the neighbors risked their lives and tried to break the top of the van, the officers did not want to undue the cuffs for fear of escape. Seriously? These are some Pictures of the incident published in a local newspaper.

As a lawyer, we are taught about the presumption of innocence as one of the most important constitutional rights we have. Thus, I will not conclude that they are guilty because there are two sides to every story. But I do believe that this tragedy could have been avoided or at least, they could have been saved if only they were set free from the restraints.

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