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PA Considers Comm'n to Study Wrongful Convictions

by TChris

Pennsylvania state senator Stewart Greenleaf recognizes that a "tough on crime" legislature should also be a "let's get it right" legislature. "If if we're going to have tough sentences," he says, "then we also have to make sure we're not going to convict innocent people." Good idea.

A partial step toward that goal is his proposed Innocence Commission Act. A Commission of "prosecutors, defense attorneys, judges, corrections officials, police, victim advocates and others" would review cases in which DNA exonerated the wrongly convicted and "suggest changes to state laws, court procedures or police practices that might cut the error rate." Some suggestions, right off the bat:

The state could require police interrogations to be taped, improve independent oversight of crime labs or further streamline access to post-conviction DNA testing. State courts could let experts testify about how eyewitnesses can be wrong.

Similar commissions have produced essential reforms in other states. Pennsylvania should follow their lead. It's difficult to understand why anyone would oppose procedures designed to make wrongful convictions less likely.

It's one thing to say we have an imperfect system," said Duquesne University Law School professor John T. Rago. "But it's another thing to countenance it."

The need to strengthen protections for the innocent is discussed in detail in this post, among many others at TalkLeft.

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    Re: PA Considers Comm'n to Study Wrongful Convicti (none / 0) (#2)
    by Peter G on Mon Feb 20, 2006 at 07:45:49 PM EST
    I don't know what planet you've been living on recently, Narius, but it would hardly be possible to punish convicted criminals "more harshly" than this society has been doing for the last 15-20 years. Average length of imprisonment is way up, percentage of maximum time imposed that is actually served is way up (due to federal funding incentives), and percentage of the population behind bars is way up. Your further suggestion of imposing capital punishment more frequently is also founded on ignorance -- its use is dehumanizing to the society that relies on it (which is why most of the world outside of tyrannical regimes rejects it), inherently arbitrary, plagued by pervasive prejudices including racism, and ineffective to deter future murders. Regrettably, this otherwise fine legislation does not include a seat on the Commission for an exonerated former inmate of the state's penal system. Otherwise I could nominate my former client Nick Yarris, who served over 22 years on death row in PA for a rape-murder that DNA testing eventually proved he didn't commit.