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chyna's avatar

Do you think that a person who lies to convict a person of a crime they did not commit should spend time in prison themselves?

Asked by chyna (45070points) August 25th, 2012

I was watching a news program about a man named Brian Banks that spent 5 years in prison after a woman knowingly, falsely accused him of rape. She later came forward and recanted and he was released from prison. The story didn’t say if she was punished in any manner. Do you think she, or others in this type of position should be convicted of a crime and spend time in prison? She has, in effect, taken 5 years of this mans life.

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17 Answers

Blackberry's avatar

They should get the same amount of time as well. That person’s life was ruined because of them.

LuckyGuy's avatar

I disagree with @Blackberry. The liar should spend 3 times the amount the other person was sentenced to serve.

Trillian's avatar

Yes, and there should be a dedicated facebook page with pictures of the liar and details for everyone to read about what they dis and said.

janbb's avatar

Wouldn’t that be perjury and be punishable?

Pied_Pfeffer's avatar

Yes. She should not only be given the maximum jail sentence, but be required to pay back the money she was awarded ($750K). She should also be thankful that earlier punishments for perjury, such as cutting out one’s tongue, are no longer allowed in the US.

In the bigger picture, what also is concerning is that there was no proof of rape. Why in the world would Mr. Banks’ lawyer suggest that he plead guilty?

From various articles, it appears that he will land on his feet. While there are NFL teams making offers, even if those don’t pan out, it sounds like he has the right attitude. Life can sure get messy. It’s the stories like this that bring about hope for human actions.

flutherother's avatar

Definitely, she lied in court to have Brian Banks convicted and she also got $1.5 million from Long Beach Unified School District after claiming a lack of security was partly responsible for the rape. That is perjury and fraud. It is just by chance that this injustice came to light, it makes you wonder how many similar cases there might be.

Coloma's avatar

Yes, hands down. Anything obtained via fraudulent means and deceptive practices should be treated as a crime.

wundayatta's avatar

Seems like she should spend at least an equal amount of time in jail as what the person she put in jail had to go through. And yet… if she were punished, then there is no incentive for her to come forward to admit to her lie. And the guy she accused would still be in jail. So this is a case where in order to get someone falsely accused out of jail, you have to let the accused person go free. I guess you hope they punish themselves enough over the rest of their lives. Perhaps they could do community service of some kind.

LuckyGuy's avatar

I knew nothing of this story until just now. I thought it was a purely hypothetical question. Read this . It will really get you mad.

Earthgirl's avatar

Yes, if the lie can be proven.
And there should be a special place in hell for those convicted of prosecutorial misconduct.
Those who vow to uphold the law and then proceed to indulge a disregard for justice are doubly guilty. Withholding evidence that could exonerate someone is just as bad as lying. In fact, it’s a lie of omission. I honestly don’t know how the prosecutor in the Michael Morton case lives with himself. He still claims he didn’t know despite all evidence to the contrary. One hopes that someday the long awaited truth will come out and it he is guilty of misconduct he will be punished accordingly.
more info from the Innocence Project.

Bellatrix's avatar

Yes. It’s perjury. Lock them up.

ucme's avatar

Lock the fuckers up & throw away the key!
Alas for that woman, I reckon her life is already ruined, simply by living with herself.

Supacase's avatar

@LuckyGuy Un.freaking.believable. Blows my mind.

flo's avatar

Yes! yes!and yes! It is so despicable to do that.

augustlan's avatar

Oh hell, yeah. Of course, @wundayatta makes a good point… if she knew she’d go to jail for it, she’d never have admitted she lied, and the guy would still be in jail. If she had a cent to her name, he should be able to sue her for it, too.

Paradox25's avatar

Yes, why not? We should be able to file a lawsuit against the accusers too.

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