Commonwealth v. Hairston, Joshua J.
Floyd County Circuit Case Nos. CR08-159 and CR08-160
Why I Am Innocent:
#1- Homicide in self-defense may be either justifiable or excusable. If it is either, it entitles the prisoner to an acquittal. * In order to reduce a homicide from murder in the second degree to manslaughter or excusable homicide, the burden is upon the accused. BUT this merely means that it is incumbent upon the accused to introduce evidence sufficient to raise a reasonable doubt in the minds of the jury as to whether the offense is murder in the second degree. The prisoner never has to prove any fact either beyond a reasonable doubt or by a preponderance of the evidence. All he has to prove in any case is such a state of facts as will raise a reasonable doubt in the minds of the jury as to the existence of the fact or facts sought to be established by the commonwealth…
Sims v. Commonwealth, 134 Va. 736
Why I was found guilty:
#1- In “The Caging of America,” Adam Gapnik writes, ” Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today- perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal justice system- in prison, on probation, or on parole- than were in slavery then.” – * Excerpt From “Letters to an incarcerated Brother”
Categories: Joshua Hairston