Held Prisoner To Tradition?

Radley Balko questions the theory that we should defer to the status quo "because our institutions were built and shaped by the wisdom and experience of those who came before us:"

[I]f the criminal justice system—an institution we’ve been shaping and molding since the birth of the country, and one that (allegedly) rests on the pretty fundamental values of fairness and equality before the law—can still produce such unjust results, after 236 years of opportunity for fine-tuning, and in the very cases where one would think it would be most cautious; if it continues to produce leadership like the district attorneys who keep pursuing these cases, and who keep fighting to keep exonorees in prison—these would all be strong indications that maybe this particular institution and those like it ought to be questioned.